Facilities Issues
Responses to these frequently asked questions are advisory only. Charter schools and charter authorizers are encouraged to review the actual laws and regulations that provide the basis for these responses and consult with their own legal counsel regarding the application of any of these issues to a specific situation.
Q.1. What are the facilities requirements
for charter schools?
Q.2. Are charter schools required to meet Education Code provisions known as the 'Field Act?'
Q.3. Does the state provide
any funding for charter school facilities?
Q.4. Is the charter authorizer required to provide facilities to charter schools it approves?
Q.5.How does Education Code Section 47614 (Proposition 39) affect a charter authorizer that provides rent-free facilities as part of the three percent oversight fee allowed under Education Code Section 47613(b)?
What are the facilities requirements for charter schools?
Charter schools are exempt from the facilities laws that apply to school districts, and there are no other specific facilities requirements in state law for charter schools. However, charter schools may be bound by state facilities requirements if they are in a district-owned facility or if they are using state facilities funds, e.g., school bond funding.
Generally, charter school facilities would be an issue of local jurisdiction between the charter school, its authorizer, and local building, fire, and safety authorities.Are charter schools required to meet Education Code provisions known as the 'Field Act?'
No. Education Code Section 47610 generally exempts charter schools from laws governing school districts. The Attorney General issued opinion #96-1206 on March 19, 1997, that confirms that the Field Act does not generally apply to charter schools. A copy of that opinion is available on the Attorney General's Web site at http://www.caag.state.ca.us./opinions/ .
While the Field Act does not apply generally, the California Building Code does. Senate Bill (SB) 1054 (Soto) was signed on July 20, 2005, and because it is not an urgency measure, the bill will go into effect January 1, 2006. SB 1054 requires charter schools to meet building standards under the California Building Code as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located; the deadline for coming into compliance is January 1, 2007.
Other factors to consider may include the provisions of the charter, how the facility is insured, whether the charter is operating in district-owned facilities, whether the school receives funding for its facility, or whether the school has been built through the state school building program.
Does the state provide any funding for charter school facilities?
Yes, but it is limited. A charter school may participate in the state Charter School Facility Program as an independent entity or through its authorizer. Education Code sections 17078.52 through 17078.65 establish a pilot program for construction and renovation of charter school facilities. Charter schools receiving funding must meet all program eligibility and building requirements to participate in the program. The program is funded from proceeds of two state bond measures, $100 million from Proposition 47 (November 2002) and $300 million from Proposition 55 (March 12004). California School Finance Authority (CSFA) staff and Office of Public School Construction (OPSC) staff jointly administer the program. The CSFP provides site-based charter schools with new construction or renovation funding. The program funds 50 percent of project costs as a grant, and the charter school is responsible for paying the 50 percent balance through either a lump sum payment or through payments due on a long-term lease obligation.
When the SB 740 Facilities Grant Program was originally enacted, the stated intent of the Legislature was to appropriate $10 million per year for the 2001-02, 2002-03, and 2003-04 fiscal years (See California Education Code Section 47610.5). It was realized during the first year of implementation that because it is a reimbursement program, the funds for each program year would not be needed until the fiscal year after the charter schools incurred the actual costs. Therefore, funds were subsequently appropriated in the 2002-03, 2003-04 and 2004-05 state budgets for program years 2001-02, 2002-03 and 2003-04. The program is administered through the Office of Public School Construction (OPSC) in the Department of General Services. The program is funded with state school bonds and therefore bound by Field Act regulations. More information may be found on the OPSC Web site at http://www.opsc.dgs.ca.gov/ .
Education Code section 47614.5 established the Charter School Facility Grant Program (commonly known as the SB 740 facilities grant) to provide assistance with facilities rent and lease costs for eligible charter schools. However, the current legislative cycle has proposed $9 million for this from funded reserves.
Is the charter authorizer required to provide facilities to charter schools it approves?
Not necessarily. Education Code Section 47614 requires the district in which the charter school is geographically located to provide facilities to the charter school under certain conditions. The district that may be required to provide facilities may not always be the charter authorizer. For instance, a State Board of Education (SBE) or county office of education approved charter school could request facilities from the local district in which it is located. Under Proposition 39, a charter school seeking district facilities must request facilities from the district according to the timelines and process described in these regulations. This does not require the school district to lease and rent facilities for charter schools if the district can establish that it is utilizing all available space for enrolled students. The Title 5, Sections 11969.1 through 11969.10 of the California Code of Regulations, and may be found on the CDE Web site at http://www.cde.ca.gov/sp/cs/lr/csregsmar04.asp .
How does Education Code Section 47614 (Proposition 39) affect a charter authorizer that provides rent-free facilities as part of the three percent oversight fee allowed under Education Code Section 47613(b)?
Education Code Section 47613(b) allows charter authorizers to charge charter schools an oversight fee of up to three percent, providing the charter school receives “substantially rent free facilities from the chartering agency.” However, the law allows a district to charge the charter school a pro-rata share of the actual facilities costs (e.g., maintenance/janitorial etc.). The regulations pertaining to Proposition 39 are in Title 5, sections 11969.1 through 11969.10 of the California Code of Regulations, and may be found on the CDE Web site at http://www.cde.ca.gov/sp/cs/lr/csregsmar04.asp .
