Education Code section 47614 and its implementing regulations at 5 C.C.R. 11969 (known as “Proposition 39”) require school districts to offer charter schools space in district school buildings. Charter schools receive space in district buildings based on the number of in-district students they are projected to enroll and the amount of space allocated to comparable district schools serving the same grade levels as the charter schools. Two Alameda charter schools, Academy of Alameda Charter Elementary Schools and Academy of Alameda Charter Middle School, are eligible for District space under Proposition 39. The schools are currently co-located with the District’s Adult School on the District’s Chipman Campus.

At its February 14, 2017 meeting, the Board approved a preliminary offer of space for the AoA schools in their current location at Chipman. The Academy disputed that offer, noting that its elementary program is continuing to phase in, and asserted an entitlement to all space at Chipman. The Academy and the District have had similar disputes in past years.

At the Board’s direction, staff has since been in negotiations with the Academy regarding a possible alternative agreement that would preserve space at Chipman for the District’s Adult School in the short-term, provide for a long-term facilities solution for Adult School, and create certainty regarding the AoA schools’ future enrollment and facilities entitlement.

Ultimately, the parties agreed to bring the attached ten-year alternative agreement to their respective boards for approval. The agreement would preserve space at Chipman for the Adult School for up to two years and create a new revenue stream for the District that could finance a long-term site for Adult School. AoA would also agree to enrollment limitations. In return, the AoA schools would be located at the Chipman Campus for the next ten years, with exclusive use for eight years. Title to the Chipman Campus would remain with the District.