Building Foundations: School Leases and Proposition 39 Agreements

Learning how to successfully negotiate and draft a school’s facility agreement, whether dealing with a private landlord or a school district, and whether under Proposition 39 or an in-lieu agreement, is critical.

In this session, teams from two multi-school operators and a lawyer will share the strategies they use, from the negotiating table all the way to the finish line of a school lease or facility use agreement. They will discuss best practices and lessons learned from years of experience in applying for and negotiating under Proposition 39, including complicated co-locations, private leases, license agreements, and in-lieu agreements.

This session will cover the technical requirements for submitting an annual facilities request under Proposition 39 in a way that protects school rights, shows how to avoid common mistakes that could impact allocation, and how to pushback on Proposition 39 offers and FUAs. The presenters will cover key provisions for charter schools when negotiating facilities agreements, including how to customize language when a school is presented with a one-size-doesn’t-fit “form” agreement. For many schools, building relationships with the district or landlord on the other side of the deal can go a long way, and the presenters will talk about strategies and when it might be time to call a lawyer. The presenting panel will share their challenges and success stories from the negotiation table, and open up the floor for school leaders to share their experiences in a collaborative setting.