California Education Code Section 47614
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California Laws > Education Code > California Education Code Section 47614
47614. (a) The intent of the people in amending Section 47614 is
that public school facilities should be shared fairly among all
public school pupils, including those in charter schools.
(b) Each school district shall make available, to each charter
school operating in the school district, facilities sufficient for
the charter school to accommodate all of 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
public schools of the district. Facilities provided shall be
contiguous, furnished, and equipped, and shall remain the property of
the school district. The school district shall make reasonable
efforts to provide the charter school with facilities near to where
the charter school wishes to locate, and shall not move the charter
(1) The school district may charge the charter school a pro rata
share (based on the ratio of space allocated by the school district
to the charter school divided by the total space of the district) of
those school district facilities costs which the school district pays
for with unrestricted general fund revenues. The charter school
shall not be otherwise charged for use of the facilities. No school
district shall be required to use unrestricted general fund revenues
to rent, buy, or lease facilities for charter school students.
(2) Each year each charter school desiring facilities from a
school district in which it is operating shall provide the school
district with a reasonable projection of the charter school's average
daily classroom attendance by in-district students for the following
year. The district shall allocate facilities to the charter school
for that following year based upon this projection. If the charter
school, during that following year, generates less average daily
classroom attendance by in-district students than it projected, the
charter school shall reimburse the district for the over-allocated
space at rates to be set by the State Board of Education.
(3) Each school district's responsibilities under this section
shall take effect three years from the effective date of the measure
which added this subparagraph, or if the school district passes a
school bond measure prior to that time on the first day of July next
following such passage.
(4) Facilities requests based upon projections of fewer than 80
units of average daily classroom attendance for the year may be
denied by the school district.
(5) The term "operating," as used in this section, shall mean
either currently providing public education to in-district students,
or having identified at least 80 in-district students who are
meaningfully interested in enrolling in the charter school for the
(6) The State Department of Education shall propose, and the State
Board of Education may adopt, regulations implementing this
subdivision, including but not limited to defining the terms "average
daily classroom attendance," "conditions reasonably equivalent,"
"in-district students," "facilities costs," as well as defining the
procedures and establishing timelines for the request for,
reimbursement for, and provision of, facilities.
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Last modified: October 1, 2013