7160
BP
Board Policy
Charter School Facilities
The Board of Education believes that all students, including those attending charter schools, should have access to adequate facilities that are safe and support student learning.
Facilities to be used by a charter school shall be specified in the school's charter pursuant to Education Code 47605 and also may be addressed in a written memorandum of understanding between the district and charter school.
As applicable, charter school facilities shall comply with the California Building Standards Code adopted by the local building enforcement agency pursuant to 24 CCR 101 et seq. or the Field Act pursuant to Education Code 17280-17317 and 17365-17374. (Education Code 47610, 47610.5)
Upon request, the Board shall make facilities available to an eligible charter school operating in the district, as defined in law and administrative regulation. In accordance with law, such facilities shall be contiguous, furnished, equipped, and sufficient to accommodate all the charter school's in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other district schools. The Board shall make reasonable efforts to provide the charter school with facilities near where the charter school wishes to locate and shall not move the charter school unnecessarily. 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 make a specific finding that the charter school could not be accommodated at a single site and shall adopt a written statement of reasons explaining the finding. (Education Code 47614; 5 CCR 11969.1-11969.10)
The district shall not be required to use unrestricted general fund revenues to rent, buy, or lease facilities for charter schools. (Education Code 47614)
The Superintendent or designee may assist eligible charter schools in applying for state facilities funding for new construction or rehabilitation of facilities pursuant to Education Code 17078.52-17078.66 and/or for rent and lease expenditures pursuant to Education Code 47614.5.
Legal & Management References
State
2 CCR 1859.160-1859.172 - Leroy F. Greene School Facilities Program, specifically; Charter school facilities program
2 CCR 1859.2 - Definitions
2 CCR 1859.31 - Classroom inventory
5 CCR 11969.1-11969.10 - Charter school facilities
Ed. Code 17070.10-17080 - Leroy F. Greene School Facilities Act of 1998
Ed. Code 17078.52-17078.66 - Charter schools facility funding; state bond proceeds
Ed. Code 17280-17317 - Field Act; approval of plans and supervision of construction
Ed. Code 47600-47616.5 - Charter Schools Act
Ed. Code 48204 - Residency requirements for school attendance
Gov. Code 53094 - Authority to render zoning ordinances inapplicable
Gov. Code 53097.3 - Charter school ordinances
Management Resources
Attorney General Opinion - 80 Ops.Cal.Atty.Gen. 52 (1997)
Court Decision - Ridgecrest Charter School v. Sierra Sands Unified School District (2005) 130 Cal.App.4th 986
Court Decision - Bullis Charter School v. Los Altos School District (2011) 200 Cal.App.4th 1022
Court Decision - Sequoia Union High School District v. Aurora Charter High School (2003) 112 Cal.App.4th 185
CSBA Publication - Charter Schools: A Guide for Governance Teams, rev. 2021
CSBA Publication - The Role of the Charter School Authorizer, Online Course
CSBA Publication - Charter School Facilities and Proposition 39: Legal Implications for School Districts, 2005
Office of Public School Construction Publication - School Facility Program Handbook, May 2008
Website - CSBA District and County Office of Education Legal Services
Website - California Charter Schools Association
Website - California Department of Education, Charter Schools
Website - Coalition for Adequate School Housing
Website - Department of General Services, Office of Public School Construction
Website - CSBA
Cross References
0420.4 AR Charter School Authorization
0420.41 BP Charter School Oversight
0420.41-E PDF(1) AR Charter School Oversight
1330 AR Use Of School Facilities
3100 AR Budget
3530 AR Risk Management/Insurance
5111.1 AR District Residency
5117 BP Interdistrict Attendance
7110 BP Facilities Master Plan
9323.2 AR Actions By The Board