Upon request by a charter school operating within the district, the Board of Education shall provide facilities in accordance with law, Board policy, and administrative regulation.
(cf. 0420.4 - Charter Schools)
(cf. 7110 - Facilities Master Plan)
A charter school must be operating in the district as defined in Education Code 47614 before it submits a request for facilities. A new or proposed charter school operating within the district is eligible to request facilities for a particular fiscal year only if it submits its charter petition before November 1 of the fiscal year preceding the year for which facilities are requested. A new charter school is entitled to be allocated and/or provided access to facilities only if it receives approval of the petition before March 15 of the fiscal year preceding the year for which facilities are requested. (5 CCR 11969.9)
The Superintendent or designee shall ensure that requests received are evaluated and processed in accordance with law, Board policy, and administrative regulation.
If the district's preliminary proposal or final notification of space does not accommodate the charter school at a single school site, the Board shall consider the offer, make a specific finding that the district cannot accommodate the charter school's students at a single school site, and adopt a written statement of reasons explaining the finding. (5 CCR 11969.2)
Legal Reference:
EDUCATION CODE
17070.10-17080 Leroy F. Greene School Facilities Act of 1998, including:
17078.52-17078.66 Charter schools facility funding; state bond proceeds
46600 Interdistrict attendance agreements
47600-47616.5 Charter Schools Act of 1992, as amended
48204 Residency requirements for school attendance
GOVERNMENT CODE
53094 Authority to render zoning ordinance inapplicable
53097.3 Charter school ordinances
CODE OF REGULATIONS, TITLE 2
1859.2 Definitions
1859.31 Classroom inventory
1859.160-1859.171 Charter school facilities program, new construction
CODE OF REGULATIONS, TITLE 5
11969.1-11969.10 Charter school facilities
COURT DECISIONS
Ridgecrest Charter School v. Sierra Sands Unified School District, (2005) 130 Cal.App.4th 986
Sequoia Union High School District v. Aurora Charter High School (2003) 112 Cal.App.4th 185
ATTORNEY GENERAL OPINIONS
80 Ops.Cal.Atty.Gen. 52 (1997)
Management Resources:
CSBA PUBLICATIONS
Charter Schools: A Manual for Governance Teams, rev. 2008
WEB SITES
CSBA: http://www.csba.org
California Department of Education, Charter Schools Office: http://www.cde.ca.gov/sp/cs
Coalition for Adequate School Housing: http://www.cashnet.org
Office of Public School Construction: http://www.opsc.dgs.ca.gov
Policy CASTRO VALLEY UNIFIED SCHOOL DISTRICT
adopted: June 28, 2012 Castro Valley, California