October 21, 2008
Provide accurate and honest information
Listen to and respond to what people want to know
Hear ideas and suggestions of what should be done next
Give people an idea of what they can do to help bring this to a positive resolution
Three informational presentations:
1.History and Background on the Current Use Agreement—John Hamstra
2.Prop 39--Dina Hoffman3.Facility Alternatives---Ken Cole
Write down questions Ideas/SolutionsWhat you are willing/motivated to do
Please always write clearly and write your name on each card
Pass them to the front or the ends of the aisles
John HamstraPCS Facilities Chair from 2000-2006
Constructive discussions with superintendent Roy Nelson began in the fall of 2002
The discussion continued with succeeding superintendent, Keith Parkhurst
SCCS planned to offer 8 classrooms at B-40 Junior High
PCS suggested 2 classrooms at Westlake Agreement was quickly reached on the
Westlake arrangement
SCCS Board grapples with elementary re-alignment in fall and winter, 03-04
District acts to close Natural Bridges and B-40 Elementary, January 2004
Throughout this time, PCS engaged in constructive discussion with superintendent Alan Pagano
District board members participated in formal and informal discussions
PCS was interested in the B-40 Elementary site – not available
Swift St. had potential to provide adequate instructional space, and a cap on enrollment
The discussion, while long, was collaborative
Parties negotiated a multi-year agreement
PCS sought 5+5, District offered 5 + 3
The Use Agreement recognizes a special set of circumstances
The Use Agreement recognizes the Prop 39 obligation
The Option to Renew was to be guided by relevant law and statewide practice
PCS attempted contact with SCCS administration and board in spring 2007
PCS attempted contact with SCCS administration and board in fall 2007
Parties met once, in February, 2008 All subsequent communication came
from district counsel PCS made a second offer, at $200,000 Now, as then, county superintendent
Watkins offers to help bring parties to the table
PCS Facilities Committee Member
In November 2000, Proposition 39 amended Education Code Section 47614 to require each school district to provide all of a charter school’s in-district students with school facilities which are “reasonably equivalent” to those in which the students would be accommodated if they were attending other public schools in the district.
The intent of the law “is that public school facilities should be shared fairly among all public school pupils, including those in charter schools.”
Education Code Section 47614(a)
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. [Education Code Section 47614(a)]
Facilities provided shall be contiguous, furnished and equipped…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 school unnecessarily.
[Education Code Section 47614(b)]
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. [Education Code Section 47614(b)(1)]
The Santa Cruz City Schools District is not obligated to provide space to our students who are not in-district students.
The District may only charge their “facilities costs” for the space used by in-district students, and can charge PCS “fair market value” rent for the out-of-district students.
Average facilities costs charged other California charter schools run from $0.44 to $1.00 per square foot per year; average fair market value rental costs for schools run from $12 to $14 per square foot per year.
We will need more information from the district to calculate their actual facilities costs, but we have reason to believe that the rental amount we have been paying (an average of $200,000 per year) probably exceeds the amount we would have to pay under Proposition 39 for in-district students even including payment of fair market rental value for out-of-district students.
PCS is obligated to remain within the boundaries of the Santa Cruz City School District because it originally applied for a charter from the Santa Cruz City School District. Education Code Section 47605((j)(1) requires a charter school who appeals such a rejection and is approved by the County Office of Education, as PCS did, to remain within the boundaries of the original rejecting district.
If maximizing funds is important to the District, to deny space to the out-of-district students is adverse to their financial interest, but they have no obligation to rent PCS space for these students.
November 1: Charter notifies district of need for upcoming year. PCS has submitted its Proposition 39 Request for Facilities.
December 1: District raises concerns or objections, if any January 2: Charter must respond to objections by
modifying or reaffirming original request February 1: District provides written preliminary facilities
proposal March 1: Charter responds in writing to preliminary offer,
expressing concerns or making counterproposal April 1: District must provide detailed, final facilities
proposal May 1 (or 30 days after final facility proposal): Charter
notifies district of intent to occupy facility
At any time both sides can sit down to discuss going forward; absent that, the above dates are the last dates for the actions indicated as set forth in the regulations implementing the provisions of Proposition 39.
Ken Cole PCS Facilities Chair
Current Location255 Swift Street Multi-YearImprovements negotiated
Prop 39 FacilitiesLocal High SchoolRequested annuallyOther space leased nearby as needed
Leased spaceNew non-SCCS siteMulti or Single year approach
“Failsafe Mode”
Long term lease/purchase or purchase land/build
Capital Campaign and Charter School financing
Permanent home“Dream Mode”
Check the PCS Website for more information in the days and weeks ahead:
www.pacficcollegiate.com