Skip to content

Tri-Valley Learning Corp. Livermore Valley Charter Preparatory High School Prop 39 Facilities Request

An overview of the proposed Tri-Valley Learning Corp. Tassajara Prep charter high school is available here.

(a PDF of the original scanned letter is available here)

Tri-Valley Learning Corporation

FEB 16 2010
Via Hand Delivery

Tri-Valley Learning Corporation
543 Sonoma Avenue
Livermore, CA 94550

Interim Superintendent Martinez
Livermore Valley Joint Unified School District
685 East Jack London Blvd.
Livermore, CA 94550

RE: Request for Proposition 39 Facilities for the 2010-11 School Year

Dear Interim Superintendent Martinez:

I am writing on behalf of the Livermore Valley Charter Preparatory High School (“Charter School”) to request reasonably equivalent school facilities from the Livermore Valley Joint Unified School District (“District”) pursuant to Education Code Section 47614 (i.e., Proposition 39) and Title 5 of the California Code of Regulations (“CCR”) Section 11969.1 through 11969.9 as amended (“Implementing Regulations”).

Proposition 39, passed by the voters of California on November 7, 2000, requires school districts to make available, to each charter school operating within the school district, school facilities sufficient for each 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 school district. Facilities provided shall be contiguous, furnished, and equipped, and shall remain the property of the school district. In addition, the school district must make reasonable efforts to provide the charter school with facilities near to where the charter school desires to be located. (See Education Code Section 47614(b)).

The Proposition 39 Implementing Regulations, adopted by the State Board of Education (“SBE”) on August 29, 2002, and amended on March 29, 2008, require the Charter School to make an annual written request for facilities. Title 5 CCR Section 11969.9(c)(I) specifies the information that must be included in the annual facilities request. This letter, along with the information submitted herewith, meets the requirements of Education Code Section 47614 and the Implementing Regulations.

We respectfully request the District to notify us in writing prior to the 30-day deadline if the District desires any additional information or has any concerns regarding the completeness of this request.

Projected Average Daily Attendance (ADA)

In accordance with Education Code Section 47614(b)(2) the District is required to allocate school facilities to the Charter School for the following school year based upon a projection of average daily classroom attendance provided by the Charter School.

The Charter School’s Governing Board has determined that a reasonable projection of the Charter School’s in-District average daily classroom attendance for the 2010/2011 school year is 103.4 (94% attendance). The following is a break down of the Charter School’s projected average daily attendance (“ADA”) as required by 5 CCR Section 11969.9(c)(1). The Charter School’s ADA figures are based on the methodology outlined in the following section.

Please note:
• “Request year” means the fiscal year for which facilities are being requested. For this request, the request year is 2010-11.
Table 1: Total Enrollment
A E E E E
Grade Projected Total Projected
2011-2012
Projected
2012 -2013
Projected
2013 -2014 Level Request Year
9 110 270 405 540

Table 2: Total In-District ADA
Grade Projected Total
Projected
2011-2012
Projected
2012 -2013
Projected
2013 -2014
Level Request Year
9 103.4 253.8 380.7 507.6
*94% attendance rate

Table 3: Total Classroom ADA
Grade Projected Total
Projected
2011-2012
Projected
2012 -2013
Projected
2013 -2014
Level Request Year
9 103.4 253.8 380.7 507.6
* 94% attendance rate

Methodology Used In Making ADA Projection:

The Implementing Regulations state that the annual request must include a
description of the methodology for the ADA projections. The Charter School utilized the
following methodology in calculating the ADA projections:

  • We estimated our Average Daily Attendance on a 94% attendance rate of
    110/135 In -District students in each grade.
  • Intent to Enroll Forms from parents of all children projected to enroll in 2010-11 school year.
  • Most recent budget data submitted with the Petition
  • Budget adjustments since submission of your charter

Supporting Documentation

Title 5 CCR Section 11969.9(c)(1)(C) requires the facilities request to include supporting documentation. The Implementing Regulations state that when a charter school is not yet open (i.e., not yet providing instruction) or to the extent an operating charter school projects a substantial increase in in-District ADA, the annual request must include documentation of the number of in-District students meaningfully interested in attending the Charter School.

Please be advised that because the Charter School is not yet open we have attached and incorporated herein by reference the following supporting documentation that fully substantiates the reasonableness of our in-District ADA projections for the
2010-11 school year:

1. Parents’ signatures attached to charter petition

Should the District desire additional documentation or information regarding the Charter School’s ADA projections please contact me as soon as possible. We remain willing to cooperate with the District to immediately address any questions or concerns about this request and the supporting documentation.

Instructional Calendar:

Title 5 CCR Section 11969.9(c)(1)(D) requires the facilities request to include the Charter School’s operational calendar. The Charter School’s operational calendar will mirror that of the District. The Charter School’s first day of instruction is on August 24, 2010, therefore we will need access to the facility on or before June 15,2010 in order to prepare. Please note that Title 5 CCR Section 11969.90) requires the District to ensure that a furnished and equipped facility meeting the requirement of Proposition 39 be made available to the Charter School no less than ten (10) working days prior to the charter school’s first day of instruction. In addition, in accordance with Section 11969.5, the space allocated must be made available for the Charter School’s entire school year regardless of the School District’s instructional year or class schedule.

Educational Program:

Title 5 CCR Section 11969.9(c)(1)(F) requires the facilities request to provide information regarding the charter school’s educational program that is relevant to the assignment of facilities. The Charter School’s educational program does not have unique facilities needs. As you are aware, a key component of the educational program of the Charter School is a college preparatory curriculum. In addition, and in accordance with its charter, the Charter School will operate grade levels 9th through 12th on one contiguous school site. Consequently, the Charter School’s educational program requires a single contiguous school site in which to operate.

Facility Location:

Title 5 CCR Section 11969.9(c)(1 )(E) requires the Charter School to provide information regarding the District school site and/or general geographic area in which the Charter School wishes to locate. Based upon the needs of the Charter School and the residency of the projected student enrollment, the Charter School desires to locate its facility at:

Portola Elementary
2451 Portola Avenue
Livermore, CA 94551

Procedures and Timelines:

In accordance with the Implementing Regulations the District is required to review the Charter School’s attendance projections and to express any concerns that it has about the Charter School’s attendance projections. The District must then provide a reasonable opportunity to respond to those concerns. (5 CCR Section 11969.9(d).)

Furthermore, we look forward to receiving a preliminary facilities proposal from the District, as required under the Implementing Regulations. (5 CCR Section l1969.9(d).) We would request that the preliminary proposal include all the information that must be included in the final proposal so that the School can make an informed decision about the preliminary offer of facilities. Therefore, the preliminary offer should include the following information: (l) the teaching station, specialized and nonclassroom based space to be allocated to the Charter School (with an indication as to whether the space is exclusive or shared use); (2) the projections of in-district classroom ADA on which the proposal is based; (3) the specific location of the space; (4) all conditions pertaining to the space, including a draft of any proposed agreement pertaining to the Charter School’s use of the space, (typically referred to as a facilities use agreement); and (5) the associated pro rata share amount and a description of the methodology used to determine that amount. Additionally, we would request that the District provide the Charter School a list and description of the comparison group schools used in developing its preliminary proposal, and a description of the differences between
the preliminary proposal and the Charter School’s facilities request.

In order for the Charter School to properly address the budget implications of securing a Proposition 39 facility from the District for the following school year, we are respectfully requesting that the District provide a written preliminary proposal to the Charter School no later than March 1, 2008. This will allow sufficient time for the District and the Charter School to engage in a productive dialogue regarding the proposed facilities allocation well in advance of the District’s deadline for providing final notification. We expect to respond to the preliminary proposal by March 15, 2010 Moreover, Section 11969.9(h) requires the parties to “negotiate an agreement regarding use and payment for the space.” This agreement is typically referred to as a “facilities use agreement.” We would respectfully request that the District provide the Charter School with a draft of any proposed facilities use agreement as soon as possible, but no later than the time it provides the Charter School its preliminary proposal.

Implementing Regulations Section 1I969.9(e) requires the District to provide a final notification regarding the space to be allocated to the Charter School prior to April 1, 2010. We request that the final notification specifically identify, at a minimum, the following:

  1. the teaching station, specialized classroom space, and non-teaching station space offered for the exclusive use of the charter school and the teaching station, specialized classroom space, and non-teaching station space which the charter is to be provided access on a shared basis with school district operated programs, if any;
  2. the mutually agreed upon in-district classroom ADA assumptions for the charter school upon which the allocation is based and, if the assumptions are different than those submitted by the charter school, a written explanation of the reasons for the differences;
  3. the specific location of the space;
  4. all conditions pertaining to the Charter School’s use of the space;
  5. the pro rata share amount and a description of the methodology used to determine that amount; and
  6. the payment schedule for the pro rata share amount, which shall take into account the timing of revenues from the state and from local property taxes.

A California Court of Appeal decision has made clear that in meeting their Proposition 39 obligation, school districts must give the same degree of consideration to the needs of charter school students as it does to the students in district run schools. The court noted that “accommodating a charter school might involve moving district-operated programs or changing attendance areas” and that providing a contiguous school facility to a charter school might require disruption and dislocation among district students, staff and programs. Ridgecrest Charter School v. Sierra Sands Unified School District, 130 Cal.AppAth 986 (2005). In addition, the Court concluded that a school district responding to a request for facilities must issue a statement of reasons at the time it makes its final determination that is “thorough” and “factual” enough to permit “effective review by the courts”; the statement of reasons issued by the school district must demonstrate that the district has “adequately considered all relevant factors” and that the district can “demonstrate a rational connection between those factors, the choice made, and the purposes of [Proposition 39].”

Although Proposition 39 requires the District to allocate a school facility for Charter School use, the Charter School is amenable to discussing alternative facilities arrangements that meet both the needs of the District and the Charter School.

The Charter School Governing Board has delegated to me the responsibility to negotiate the allocation of a facility under Proposition 39. All communications regarding this matter should be sent to my attention at the address below. My contact information is as follows:

Bill Batchelor
543 Sonoma Avenue
Livermore, CA 94550
(925) 443 -3862 (office)
(925) 443 -1692 (fax)
bbatchelor@tvlcboard.org

I will contact you next week to discuss mutually agreeable dates in February so that we can meet to discuss the District’s initial proposals. I appreciate your time and consideration of this request and I look forward to developing a mutually agreeable plan to meet the facilities needs of the Charter School’s in-District students.
Sincerely,

Bill Batchelor
COO

About these ads
No comments yet

Please share your thoughts (note: due to an increase in spam comments will be moderated and personal attacks are not permitted)

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 505 other followers