bulkJohn C. Lemmo (Bar No. 190885)
Kevin M. Davis (Bar No. 259693)

P. Jacob Kozaczuk (Bar No. 294734)
PROCOPIO, CORY, HARGREAVES
SAVITCH LLP

525 Street, Suite 2200

San Diego, CA 92101

Telephone: 619.238.1900

Facsimile: 619.235.0398

Attorneys for Petitioner
KIPP BAY AREA SCHOOLS

Fee Exempt
Per Gov. Code 6103

San Francisco County Superior Court

MAY 12220211

(31 OFQHECOURT
Deputy Clerk .

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRAIEBCPKIPP BAY AREA SCHOOLS, a California
nonpro?t public bene?t corporation operating a

California public charter school,
Petitioner,

V.

SAN FRANCISCO UNIFIED SCHOOL
DISTRICT, a California school district; BOARD
OF EDUCATION OF THE SAN FRANCISCO
UNIFIED SCHOOL and VINCENT
MATTHEWS, in his capacity as Superintendent,

Respondents.

 

 

 

Case No.?

VERIFIED PETITION FOR WRIT OF
COMPLAINT FOR
INJUNCTIVE RELIEF

(Code Civ. Proc. 1085)

 

 

VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

 

KIPP BAY AREA SCHOOLS (?Petitioner? or a California nonpro?t public
bene?t corporation operating a California public charter school called KIPP Bayview Elementary
Bayview?), brings this action on behalf of itself and the approximately 137 enrolled and

incoming students who plan to attend KIPP Bayview this fall, to compel Respondents SAN .

FRANCISCO UNIFIED SCHOOL DISTRICT, a California school district, BOARD OF

EDUCATION OF THE SAN FRANCISCO UNIFIED SCHOOL DISTRICT, and VINCENT
MATTHEWS, in his capacity as Superintendent (collectively, or the ?District?), to
comply with the clear mandate of Proposition 39 to provide school facilities that are suf?cient for
KIPP Bayview?s students, and to immediately cease and desist from all activities that are contrary
to the express provisions of the law.

SFUSD is failing to comply with the clear voter mandate called Proposition 39 by refusing
to share its facilities fairly for the bene?t of all public school students, including those attending
KIPP Bayview. KIPP Bayview was established to serve the Bayview community and has operated
from the District?s Malcolm campus since the school ?rst opened in 2018. The Malcolm 
campus is located in the heart of the Bayview community, and due to a signi?cant enrollment
decline over the past decades, has suf?cient space for KIPP Bayview and its students. KIPP
Bayview invested heavily to serve the students in the Bayview?Hunter?s Point community. In
addition to teaching, KIPP Bayview offers a wide range of student supports, including mental
health care and social services provided by a full?time mental health counselor and social worker.
With a comprehensive social emotional and mental health support for students, KIPP Bayview?s
students are making progress and, as a result, the school continues to grow and projects an
enrollment increase for the 2020-21 school year.

KIPP Bayview requested facilities on the same Malcolm campus for the coming school
year based on its projected increase in enrollment measured by average daily attendance 
The District correctly acknowledged that KIPP Bayview?s ADA projections were reasonable, and
determined that KIPP Bayview is entitled to ten classrooms for its students, among other facilities.
However, rather than provide these facilities on the Malcolm campus as required by law, SFUSD

proposed to remove KIPP Bayview from the Malcolm campus entirely and relocate the school to

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. 

 

 

 



Treasure Island, nine miles away from the Bayview community where the school?s students and
families reside, making the school virtually inaccessible to its students. The District?s facilities
offer plainly violated Proposition 39?s mandate that the District . .provide the charter school with
facilities near to where the charter school wishes to locate, and shall not move the charter school
unnecessarily.? (Ed. Code 

KIPP Bayview timely responded to bad faith offer, explaining that the District?s
relocation of KIPP Bayview to Treasure Island would Violate Proposition 39, and would be highly
disruptive to the school?s students, parents, and teachers as well. In response, SFUSD agreed to
provide KIPP Bayview facilities at the Malcolm campus (as it was required to do by law).
However, without any explanation?and, again, in direct violation of Proposition 39 and its
regulations?the District abruptly and illegally retracted its determination that KIPP Bayview is
entitled to ten classrooms and instead offered only six classrooms despite applying the same ADA
projection as before. This amounts to an arbitrary and capricious 40% reduction in classrooms.
unilateral reduction of classrooms violates KIPP Bayview?s right to commensurate
facilities under Proposition 39?s mandate that the District ?shall make available . . . facilities
suf?cient 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.? (Ed. Code 47614(b), emphasis added.) In
addition, unlawful facilities offers deprived the school of its specific statutory and
regulatory rights to meaningfully evaluate, respond to, and express concerns about the reduction in
facilities and to submit counterproposals for the District?s consideration.

To remedy this immediate and grievous harm, Petitioner seeks injunctive relief and a
peremptory writ of mandate to (1) set aside the District?s ?nal notification; (2) compel the District
to allocate ten classrooms to KIPP Bayview for the 2020-21 school year as it previously
determined; (3) compel the District to comply with its ministerial duties to provide school facilities
compliant with Proposition 39 and its regulations; (4) enjoin SFUSD from taking any action which
might render KIPP Bayview?s reasonably equivalent allocation of facilities on the Malcolm 

campus unavailable during the next school year (2020-21); and (5) for any resulting damages
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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

caused by the District?s failure to comply with Proposition 39 or its regulations. By this Veri?ed
Petition and Complaint, Petitioner alleges the following:
I. INTRODUCTION

1. Proposition 39 (codi?ed at Education Code section 47614) is a voter initiative, also
known as the ?Smaller Classes, Safe Schools and Financial Accountability Act.? Proposition 39
requires school districts like SFUSD to provide public charter schools, and the students who
choose to attend those public charter schools, with facilities near where the charter school wishes to
locate, and expressly mandates that the District must provide charter schools reasonably equivalent
facilities suf?cient to accommodate all of the charter schools? in-district students. failure
to comply with Proposition 39 poses immediate harm to the 137 students who will attend KIPP
Bayview next year and are entitled to reasonably equivalent facilities that are suf?cient to
accommodate them at the Malcolm campus.

2. The relevant portions of Proposition 39, as codi?ed in the Education Code, are as

follows:

Each school district shall make available, to each charter school operating
in the school district, facilities suf?cient 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
school unnecessarily.

(Educ. Code 

3. Proposition 39 and the State Board of Education?s Proposition 39 regulations (Cal.
Code Regs, tit. 5, 11969.1 11969.10, referred to herein as the ?Regulations?) set forth speci?c
procedures and timelines for the annual request of, and provision of, facilities for charter schools
by school districts. Included in these procedures is a proposed facilities offer by the district, and an
opportunity for the charter school to evaluate and meaningfully respond to the district?s proposed
facilities offer and make counter proposals for the district?s consideration prior to being presented

with the district?s ?nal facilities offer.

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LAN

LII



KIPP has operated public charter schools within the District for over 15 years, and
has established a student population from and deep roots with the families who live within and
around the diverse Bayview neighborhood. In fact, KIPP established KIPPBayview in response to
parents in the community who demanded an elementary school program that feeds into the KIPP
Bayview Academy middle school and KIPP San Francisco College Preparatory Academy high 1
school, which were already established and serving families in the Bayview community. I
dedication to the students and families in this community is why it named the school KIPP

?Bayview? Elementary.

 

5. The Malcolm campus is KIPP Bayview?s home in the Bayview community,
though the District-run program there has suffered declining enrollment. The Malcolm campus
contained approximately 420 students during the 1996-97 school year, but had declined to only 87
students during the 2017-18 school year when KIPP requested facilities in the community for its
new KIPP Bayview school. The Malcolm campus has suf?cient space to accommodate KIPP

Bayview?s 137 returning and incoming students for the 2020?21 school year. In fact, the District

acknowledged as much when it offered 11 classrooms to another charter school at the Malcolm 
campus for the 2018-19 school year, and offer that was declined by the other charter school.
6. KIPP Bayview has operated without interruption at the Malcolm campus since its

inception, and KIPP Bayview and its students and families have invested signi?cant money, time,

 

and effort into remaining at the Malcolm campus. Petitioner followed all appropriate procedures
and met all requirements to request reasonably equivalent facilities for the 2020-21 school year; 1:
KIPP Bayview lawfully and expressly requested to be located at the Malcolm campus. KIPP 
Bayview is entitled to an allocation of reasonably equivalent facilities under Proposition 39, and in i
providing these facilities, the District must not move KIPP Bayview unnecessarily.
7. Two months prior to the action at issue here, SFUSD offered KIPP Bayview ten

classrooms based on the District?s evidence-based determination that ten classrooms was necessary
to provide a reasonably equivalent allocation of space for its in-district ADA. KIPP Bayview

accepted offer of ten classrooms and other facilities, but pointed out that its inexplicable I

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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF .

 

 

 



proposal to relocate KIPP Bayview to an island nine miles away from its campus and the Bayview
neighborhood was unlawful and unacceptable.

8. In response, SFUSD wisely retracted its proposal to move KIPP Bayview from the
Malcolm campus, but?surprisingly and without warning?sent a ?nal ?noti?cation? which
reduced KIPP Bayview?s allocation of classrooms by 40%, to only six classrooms. The SFUSD
?nal noti?cation does not share the Malcolm campus fairly between the District?s students and
KIPP Bayview?s students, and failed to provide any facts or Board ?ndings whatsoever to support
this egregious departure from its preliminary offer of ten classrooms on January 31, 2020?an
allocation that the District had already determined was statutorily required for KIPP Bayview?s in-
district ADA, and which KIPP Bayview had already accepted within the regulatory timeframe. In
so doing, SFUSD acted in an arbitrary and capricious manner, and failed to proceed in a manner
required by law.

9. The District?s ?nal noti?cation violates Proposition 39 and its Regulations. Among
other de?ciencies, the noti?cation fails to identify the basis for its untimely reduction in facilities
and departure from its previous determination. The noti?cation also deprives KIPP Bayview of its
rights under the Regulations to express concerns about the facilities being offered, and to make
counter-proposals for the District?s consideration, before the ?nal facilities offer.

10. The District?s conduct is unlawful and unjusti?ed. The intent of Proposition 39 is
that ?public school facilities should be shared fairly among all public school pupils, including
those in charter schools.? (Educ. Code 476l4(a), emphasis added.) The Regulations, the State
Board of Education?s Final Statement of Reasons for adopting the regulations, and subsequent
judicial opinions all express the law and policy tha ?accommodating a charter school might
involve moving district-operated programs or changing attendance areas,? and that
inconvenience to the District?s plan or use of facilities is insuf?cient to warrant moving a charter
school. (See Ridgecrest Charter School v. Sierra Sands Uni?ed School District (2005) 130
Cal.App.4th 986, 1000, emphasis in original.) By failing to share its facilities fairly or provide
suf?cient facilities for KIPP Bayview?s students, SFUSD has failed and continues to fail to meet its

obligations under Proposition 39 to KIPP Bayview and its students.
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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

 

 





II. THE PARTIES

11. Petitioner KIPP is a nonpro?t public bene?t corporation, formed and organized
pursuant to California Nonpro?t Public Bene?t Corporation Law, that operates KIPP Bayview, a
California public charter school authorized by the State Board of Education in accordance with
Education Code section 47605. KIPP Bayview is a TK-4 public charter school that is dedicated to
serving the students and families within the vibrant Bayview community of San Francisco. KIPP
Bayview currently provides an elementary school education to about 102 of resident
students, and has the legal right and capacity to enroll more students under its charter if it has space
in which to educate them. KIPP Bayview, and its students who are projected for enrollment this
fall, have been greatly harmed and are continuing to be greatly harmed by the District?s attempt to
unlawfully withhold 40% of the classrooms that KIPP Bayview is entitled to receive under
Proposition 39, and by the District?s failure to adhere to the process set forth in the Proposition 39
Regulations. In addition to seeking relief on its own behalf, Petitioner is suing in a representative
capacity on behalf of the more than 143 current and projected students and their families for the
coming school year.

12. Respondent San Francisco Uni?ed School District is a public school district duly
organized and existing under the law of the State of California. Respondent operates in the City
and County of San Francisco.

13. Respondent the Board of Education of the San Francisco Uni?ed School District is
the San Francisco Uni?ed School District?s elected governing body with authority to govern the
District and to ensure that the District complies with all laws, including Proposition 39 and its
Regulations.

14. Respondent Vincent Matthews is the Superintendent of SFUSD, and as such is its
highest administrative of?cer and shares responsibility with the District, and the Board of
Education of the San Francisco Uni?ed School District, to ensure that the District complies with all
laws, including Proposition 39 and its Regulations. Superintendent Matthews is sued herein solely

in his of?cial capacity.

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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

 



JURISDICTION AND VENUE

15. This Court has jurisdiction to issue writs of mandate pursuant to code of Civil
Procedure section 1085. Petitioner asks the Court to compel the District to act in a manner
consistent with Proposition 39 and its Regulations. Without-Court intervention, the District?s
failure to comply with Proposition 39 and its Regulations will adversely affect the Petitioner?s 
ability to operate KIPP Bayview and will directlyimpact its students who are deprived of the
facilities they are entitled to under the law.

16. This action is properly ?led in the Superior Court of California, County of San
Francisco. San Francisco is the principal place of business for SFUSD and the principal place of all
events at issue. .-

IV. GENERAL ALLEGATIONS
A. Charter Schools Play an Important Role in the Education of California?s
Children

17. Charter schools are an increasingly popular and successful option for parents of
public school students. Charter schools are public schools, and they are given the autonomy to
tailor their educational and operational approaches to meet the needs of their students and
community. KIPP Bayview was formed and tailored its educational program to meet the needs of
students and families within the vibrant and diverse community Of Bayview-Hunters Point. In
exchange for this ?exibility, charter schools are held accountable for producing results. This model
that fosters creativity and educational innovation has been extremely successful for many charter
school students in San Francisco who come from economically disadvantaged and underserved
communities. Given this success, many parents have endeavored to place their children in charter
schools.

18. Charter schools are in competition with traditional district-run schools by
Legislative intent. District schools compete with charter schools to attract student enrollment,
which sometimes creates a tense relationship between school districts and the charter schools that
operate within their boundaries. Despite this fact, KIPP Bayview nonetheless must apply annually

to the District for, and the District must supply, facilities under express language of Proposition 39.
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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

 

 

COOK-ICE

SFUSD has an Obligation to Provide KIPP Bayview with an Opportunity to
Evaluate and Meaningfully Respond to the Proposed Space Initially Offered by
the District, and Make Counter Proposals

19. The Regulations set forth speci?c mandatory procedures for the annual provision of
facilities under Proposition 39. (Regulations, 11969.9.)

20. Included in those procedures are steps in which SFUSD has an obligation to provide
KIPP Bayview with preliminary proposal which identi?es, at a minimum, the projections of
in-district classroom ADA on which the proposal is based, (2) the speci?c location or locations of
the space, (3) all conditions pertaining to the space, including a draft of any proposed agreement
pertaining to the charter school?s use of the space, and (4) the projected pro rata share amount and
a description of the methodology used to determine that amount.? (Regulations, 1196990).)
KIPP Bayview, in turn, has the right to evaluate and respond to the preliminary proposal, express
concerns, and address differences between the proposed space initially offered by the District and
KIPP Bayview?s facilities request, and make counter proposals. (Regulations, 11969.9 

21. In apportioning facilities, SFUSD must apply speci?c metrics to allocate teaching
stations, specialized classrooms, and non-teaching space to KIPP Bayview, including the ratio of
classrooms-tO-ADA as provided to students at District?operated comparison schools. (Regulations,
SFUSD must also apply a number of factors to determine whether the facilities
provided to KIPP Bayview are reasonably equivalent to the condition of comparison group schools,
including school site size and ?eld/play area space. (Regulations, see Educ. Code


22. The District is required to review any concerns and/or counter proposals made by
KIPP Bayview, and then submit a ?nal noti?cation of space to KIPP Bayview. The noti?cation
must include a response to KIPP Bayview?s concerns and/or counter proposals, if any.
(Regulations, 

23. The purpose of these procedures is to ensure that KIPP Bayview is allocated
reasonably equivalent facilities commensurate with its in-district ADA. Because SFUSD utterly

failed to comply with Proposition 39 and its Regulations in this process, KIPP Bayview was
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deprived of its legal rights to evaluate, investigate, and meaningfully respond to a preliminary offer
for space at the Malcolm campus; to compare the offered space against the requested space, and
to determine whether the space being offered is adequate to ful?ll KIPP Bayview?s needs; and to
receive reasonably equivalent facilities in a timely fashion. KIPP Bayview has been severely
harmed as a result.

C. KIPP Bayview Requests Reasonably Equivalent Facilities

24. A charter school requesting facilities must submit a written facilities request to the
school district on or before November 1 of the preceding ?scal year, setting forth, among other
details, information regarding the speci?c district school site and/or general geographic area in
which the charter school wishes to locate. (Regulations, 11969.9 KIPP Bayview
submitted this written facilities request to the District on November 1, 2019 in a letter entitled
?Request for Pr0position 39 Facilities for the 2020-21 School Year? Bayview?s Facilities
Request?). A true and correct copy of KIPP Bayview?s Facilities Request, with student information
redacted, is attached to this Veri?ed Petition and Complaint as Exhibit A.

25. KIPP Bayview?s Facilities Request expressed the school?s desire to, and legal
requirement that it remain located on the Malcolm campus, and reiterated the ?essential
consideration? that the school be ?located on a site that is accessible to our families, as this enables
us to ful?ll our commitment to serving the children of Bayview-Hunters Point.? The request
further explained that KIPP has operated other schools in Bayview for over 15 years and has
established a student population that lives around the Bayview neighborhood.

26. To serve its students and families, KIPP Bayview?s Facilities Request noted that
?our students have signi?cant need for mental health services, pull-out services, and additional
supports?, in response to which KIPP Bayview hired a full-time mental health counselor and a
social worker. The request expressed KIPP Bayview?s speci?c need for ?one additional private
space for con?dential counseling sessions with students and families? in order to have private

space that is reasonably equivalent to the private space at the comparison schools. (Exhibit A,

pp. 8.)

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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR RELIEF

 



27. KIPP Bayview?s Facilities Request also speci?ed what facilities the District is
required to provide under the statute (exclusive-use or shared), including fully furnished
classrooms, access to a for physical education and all school events, at least one classroom
equipped for a computer lab, at least one classroom equipped for science labs, one room or other
space for administration, one room for counseling and faculty collaboration, use of athletic ?eld,
and use of cafeteria or food servery.

(Exhibit A, p. 8.)

28. KIPP Bayview?s Facilities Request is thoroughly supported by its historical
enrollment data showing an increase of in-district classroom ADA during the past two school
years, and a projected increase of in-district classroom ADA of 115.60 for the 2020?21 school year.

D. The District Does Not Object to, and Is Therefore Required By Law to Accept

KIPP Bayview?s Enrollment Projections

29. On or before December 1, the District must review the ADA projections in a charter
school?s facilities request, and if the District objects to the ADA projections, it must express those
objections in writing and state the projections the district considers reasonable. (Regulations,
11969.9 If the District does not express objections in writing and state its own projections
by the December 1 deadline, the charter school?s projections are no longer subject to challenge,
and the school district shall base its offer of facilities on those projections. (Ibid)

30. SFUSD did not make any written objections to the ADA projections in KIPP
Bayview?s Facilities Request on or before December 1, 2019. As a result, SFUSD is not permitted
to challenge the KIPP Bayview?s ADA projections for the 2020-21 school year.

E. The District Makes Its Factual Determination and Offers Ten Classrooms

31. On or before February 1, the District is required to prepare a preliminary offer
setting forth the space to be allocated to the charter school, which allows the charter school to
evaluate, respond to, and express concerns about the preliminary offer. (Regulations, 
The District?s allocation of space must be ?reasonably equivalent to those in which the
students would be accommodated if they were attending other public schools of the district.?

(Educ. Code, To ensure that the provision of facilities is reasonably equivalent, the
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FMallocation of space must be based on a comparison group of district-operated schools. (Regulations,


32. I The District must provide the charter school With teaching stations (classrooms),
specialized classroom space, and non-teaching station space that is commensurate with the space
allocated to the District?s comparison schools. (Regulations, The District must also
apply a number Of factors to determine whether the condition of facilities provided to a charter
school is reasonably equivalent to the condition of comparison group schools, including school site
size, the condition of the facility?s furnishings and equipment, and the condition Of athletic ?elds
and/or play area space. (Regulations, 

33. The preliminary proposal must include a ?list and description of the comparison
group schools used in developing its preliminary proposal.? (Regulations, emphasis
added.)

34. On January 31, 2020, Michael Davis, SFUSD Director Of Policy Planning and
Charter Schools, responded with SF preliminary offer in a letter entitled ?Preliminary
Proposal Regarding Facilities to be Allocated Under Proposition 39? (the ?_?Preliminary Offer?). A
true and correct copy Of the District?s Preliminary Offer is attached to this Veri?ed Petition and
Complaint as Exhibit B.

35. In generating the Preliminary Offer, the District necessarily found and determined
that KIPP Bayview?s ADA projections were reasonable, and that the District?s formal allocation of
ten classrooms was based on KIPP Bayview?s in-district ADA projection of 115.6 units for the
2020-21 school year, and other substantial evidence.

36. I The Preliminary Offer also lists the three schools that the District identi?ed as
comparison group schools. However, the offer provides no description of these comparison group
schools whatsoever. Instead of providing a description used in developing the District?s offer, the
Preliminary Offer simply states that KIPP Bayview shall have exclusive use often classrooms
without explaining how the District determined this number of classrooms was a reasonably

equivalent allocation of space.

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37. The Preliminary Offer also fails to provide any explanation regarding its allocation
of specialized classroom and non-teaching station space, and completely ignores the description in
KIPP Bayview?s Facilities Request of exclusive?use and shared spaces that the District is required
to provide under the statute,including KIPP Bayview?s speci?c necessity for private space to
provide mental health services, pull-out services, and additional supports for its students.

38. Moreover, while KIPP Bayview?s Facilities Request discusses in detail KIPP .
Bayview?s preference to remain in the Bayview area and at the Malcolm campus, the
Preliminary Offer does not address these issues at all. Rather, the offer merely states in cursory
fashion that ?the Preliminary Offer does not meet Charter School?s Request, but provides
reasonably equivalent facilities? on Treasure Island. The offer even fails to mention that the
Treasure Island facilities are located nine miles away from the Malcolm campus and Bayview
neighborhood, on an island in the middle of the San Francisco Bay.

39. The District?s failure to .adequately address the Proposition 39 Facilities Request.
and its failure to suf?ciently explain its offer of facilities deprives KIPP Bayview of the
opportunity to fully evaluate and address its concerns regarding the Preliminary Offer, make
counter proposals with respect to key aspects of the offer, and negotiate these and other issues with
the District prior to receiving a ?nal noti?cation. By not providing any explanation to support its
proposed allocation, the District also violated the Legislature?s declaration that a ?district must
offer some explanation for its decision regarding how the facilities will be allocated between the
charter school and the district-run schools.? (Ridgecrest Charter School v. Sierra Sands Uni?ed
School Dist. (2005) 130 Cal.App.4th 986, 1006.) But in any event, KIPP presumes that the
District's factual determination on the quantity and quality of classrooms and other space proposed
in the mandatory Preliminary Offer is supportable by the legal standard for reasonable equivalency
under Proposition 39.

F. KIPP Bayview Accepts the District?s Allocation. of Ten Classrooms and

Responds to the Proposal to Relocate the School to Treasure Island
40. On or Before March 1, the charter school is required to respond in writing to the

District?s preliminary offer, expressing any concerns, addressing differences between the

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preliminary offer and the facilities request, and/or making counter proposals. (Regulations,


41. KIPP responded to the District?s Preliminary Offer on February 27, 2020 
Bayview?s Response?). KIPP informed SFUSD that it accepts determination, allocation
and offer of ten classrooms and other facilities, but pointed out that its unsubstantiated proposal to
relocate KIPP Bayview to an island nine miles away was logistically unreasonable and inconsistent
with the mandate of Proposition 39. As a counter-proposal, KIPP Bayview?s Response requested
the ten classrooms and other facilities offered in the Preliminary Offer, but at the Malcolm 
campus. A true and correct copy of KIPP Bayview?s Response to the District?s Preliminary Offer is
attached to this Veri?ed Petition and Complaint as Exhibit C.

G. The District Makes its Final Offer for Substantially Less Space

42. On or before April 1, the District is required to submit a ?nal noti?cation of
facilities to the charter school, ?having reviewed any concerns and/or counter proposals made by
the charter school pursuant to subdivision (Regulations, The District is
required to respond directly to the charter school?s concerns and/or counter proposals, if any.
(Ibid)

43. On April I, 2020, Michael Davis, SFUSD Director of Policy Planning and
Charter Schools, submitted a ?nal noti?cation via letter entitled ?Final Noti?cation of Facilities to
be Allocated Under Proposition 39? (the ?Final Noti?cation?). A true and correct copy of the Final
Noti?cation is attached to this Veri?ed Petition and Complaint as Exhibit D.

44. As with the Preliminary Offer, the inal Noti?cation found that KIPP Bayview?s
ADA projections were reasonable and based its proposal in the Final Noti?cation on the same
115.7 units of in-district ADA projected for the 2020-21 school year. In fact, the Final Noti?cation
simply copies the exact same language from the Preliminary Offer, even referring to the Final
Noti?cation as ?this preliminary proposal.? The Final Noti?cation also retracts the District?s
improper proposal to relocate KIPP Bayview to Treasure Island and provides its offer of facilities

at the Malcolm campus, KIPP Bayview?s one and only home since its inception.

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'45. Although the Preliminary Offer allocates ten classrooms, KIPP Bayview?s Response
accepts ten classrooms, and KIPP Bayview?s counterproposal likewise requests ten classrooms, the
Final Noti?cation inexplicably reduces the number classrooms allocated to KIPP Bayview at the
Malcolm campus by 40%, offering only six classrooms. The Final Noti?cation provides no
justi?cation whatsoever for any reduction from the ten classrooms previously offered by the
District only two months earlier, which was accepted in KIPP Bayview?s Response. Moreover, the
Final Noti?cation does not even mention the comparison group schools or identify any information
upon which its reduced offer of classrooms is based.

46. The District?s Final Noti?cation does not set forth any ?ndings supporting the
drastic reduction in classroom space offered to KIPP Bayview as compared to its Preliminary Offer
made two months earlier. Moreover, like the Preliminary Offer, the Final Noti?cation again fails to
provide any explanation regarding its allocation of specialized classroom and non-teaching station
space, and the noti?cation ignores the description in KIPP Bayview?s Facilities Request of the
exclusive-use and shared spaces that the District is required to provide under the statute, including
KIPP Bayview?s speci?c necessity for private space to provide mental health services, pull-out
services, and additional supports for its students. Thus, the Final Noti?cation likewise violates the
Legislature?s declaration that the ?district must offer some explanation for its decision regarding
how the facilities will be allocated between the charter school and the district-run schools.?
(Ridgecrest Charter School v. Sierra Sands Unified School Dist. (2005) 130 Cal.App.4th 986,
1006)

47. The District?s Final Noti?cation fails to respond to KIPP Bayview?s
counterproposal for ten classrooms, as required by law. (Regulations, The District?s
perfunctory Final Noti?cation further deprives KIPP Bayview of the opportunity to evaluate and
respond to the District?s offer of space. (Regulations, 

48. Petitioner estimates that KIPP Bayview will lose a signi?cant portion of its student
population if it is forced to accept the District?s slashing of classrooms. These students should not
be forced to dis-enroll from KIPP Bayview?the local school in their community that they are

familiar with, where they have friends and know the teachers and staff, and which they have been
14

 

VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 



 

RDOOQONUI

-7. 

 

attending?simply because the District has deliberately withheld classroom space from'KIPP
Bayview in violation of Proposition 39. The voter mandate of Proposition 39 supports these
students? rights to attend their school of choice.

49. Furthermore, the public school students who do attend in the drastically reduced
facilities will be at a signi?cant educational disadvantage in compacted classrooms with little or no
access to other pertinent facilities, such as suf?cient space for counseling, services, mental health
services, special education pull-out services, and additional supports, classrooms equipped for
computer or science labs, or even a gym.

50. The District?s de?cient Final Noti?cation unlawfully deprives KIPP Bayview of its
right to raise these and other issues relating to the Malcolm campus, including to evaluate the
conditions of use for the space, to make counter proposals, and to negotiate these and other issues
with the District with respect to the Malcolm campus, prior to receiving a ?nal noti?cation.

H. KIPP Bayview Objects to the District?s Final Noti?cation and Demands

SFUSD Comply with Proposition 39

51. By law, KIPP Bayview must notify the District in writing whether or not it intends
to accept the reduced offer of facilities in the Final Noti?cation by May 1, 2020. (Regulations,


52. On April 28, 2020, KIPP Bayview responded to the District?s Final Noti?cation by
accepting the Final Noti?cation under protest, with a demand that SFUSD comply with Proposition
39 (the ?Acceptance Under Protest?). A true and correct copy of the Acceptance Under Protest is
attached to this Veri?ed Petition and Complaint as Exhibit E. KIPP Bayview objects to 
eleventh-hour reduction in classrooms, and demanded that the District issue a corrected noti?cation
that allocates suf?cient classrooms to KIPP Bayview as proposed in the Preliminary Offer.

53. SFUSD did not respond to the Acceptance Under Protest.

54. KIPP Bayview is now between the proverbial rock and hard place. It is now forced
to either accept the unlawfully reduced allocation of classrooms at Malcolm X, or not have a

school site at all. The late timing presented by the District?s 11th hour bait-and-switch in the middle

15

 

 

VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

 

 

the COVID-19 pandemic makes it impossible for KIPP Bayview to ?nd and inspect suitable
alternative facilities, particularly in light of San Francisco?s Stay Home Health Order.
FIRST CAUSE OF ACTION
(Writ of Mandate?Code Civ. Proc. 1085)

55. Petitioner re-alleges and incorporates by reference each and every allegation
contained in paragraphs 1 thru 54, inclusive.

56. Code of Civil Procedure section 1085, subdivision authorizes a court to issue a
writ to any inferior tribunal, corporation, board, or person ?to compel the performance of an act
which the law specially enjoins, as a duty resulting from an of?ce, trust, or station, or to compel the
admission of a party to the use and enjoyment of a right . . . to which the party is entitled? where
?the petitioner. has no plain, speedy and adequate alternative remedy, the respondent has a clear,
present and usually ministerial duty to perform, and the petitioner has a clear, present and
bene?cial right to performance.?

57. At all relevant times, SFUSD had and continues to have a mandatory, non-
discretionary, and ministerial duty under Education Code section 47614(b) to provide KIPP
Bayview with facilities suf?cient to accommodate all of KIPP Bayview?s in-district students, and
to provide these facilities in conditions reasonably equivalent to those in which the students would
be accommodated if they were attending other public schools of the District.

58. At all relevant times, Petitioner had and continues to have a right to facilities
suf?cient to accommodate all of KIPP Bayview?s in-district students, and in conditions reasonably
equivalent to those in which the students would be accommodated if they were attending other
public schools of the District.

59. In breaching its mandatory duties to provide KIPP Bayview with facilities suf?cient
to accommodate all of KIPP Bayview?s in?district students, SFUSD ignored its statutory obligation
under Education Code section 47614(b).

60. In breaching its mandatory duties to provide KIPP Bayview with facilities in

conditions reasonably quiivalent to those in which the students would be accommodated if they

16

 

 

VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

I??were attending other public schools of the District, SFUSD ignored its statutory obligation under
Education Code section 47614(b). 

61. At all relevant times, SF USD had and continues to have a mandatory, non-
discretionary, and ministerial duty under the Regulations to adhere to the procedures, and the
purpose or spirit of the procedures, including the procedures set forth in Cal. Code Regs, tit. 5,
sections 11969.3 and 11969.9 concerning the provision of facilities under Proposition 39.

62. At all relevant times, KIPP Bayview had and continues to have a right to the
provision of facilities under the procedures set forth in the Regulations, including Cal. Code Regs,
tit. 5, sections 11969.3 and 11969.9.

63. In breaching its mandatory duties to adhere to the procedures, and the purpose or
spirit of the procedures, set forth in the Regulations concerning the provision of facilities under
Proposition 39, SF USD ignored its regulatory obligations under the Regulations, including Cal.
Code Regs., tit. 5, sections 11969.3 and 11969.9.

64. Until and unless SFUSD is compelled to follow the law, KIPP Bayview?s current
and prospective students will be deprived of their statutory and regulatory rights because KIPP
Bayview will be forced to operate its school with 40% less classrooms than it is entitled to receive
under Proposition 39, KIPP Bayview will be denied its right to receive specialized classrooms and

non-teaching station space requested in KIPP Bayview?s Facilities Request, and KIPP Bayview

will be denied the ability to meaningfully evaluate, respond to, express concerns about, or address

differences between the facilities it requested and the facilities offered by the District, or make
counter-proposals to the reduced facilities offer. Absent an order enforcing these critical
requirements for public school facilities allocation, KIPP Bayview and its public school students 
will be deprived of critical statutory and regulatory rights.

65. Petitioner has performed any and all conditions precedent to ?ling this action and
has exhausted any and all available administrative remedies.

66. Petitioner lacks a plain, speedy,_and adequate remedy at law, except by way of

peremptory writ of mandate pursuant to Code of Civil Procedure section 1085.

1 7
VERIFIED PETITION FOR WRIT OF COMPLAINT FOR RELIEF

 

 

 



67. Without relief from this Court, Petitioner is being, and will continue to be,
irreparably harmed by failure to perform its legal duties. actions and failures to
act will continue to harm KIPP Bayview?s public school students by unnecessarily and improperly
forcing them to dis?enroll from a school that has operated without interruption since 2018 and will
force the remaining students to learn at a signi?cant disadvantage in compacted classrooms and
with little or no access to other pertinent facilities, such as suf?cient space for counseling services,
mental health services, pull-out services, and additional supports, classrooms equipped for
computer or science labs, or even a gym.

68. The Court must issue a writ of mandate compelling SFUSD to fully comply with
Proposition.39 and its Regulations.

SECOND CAUSE OF ACTION
(Injunctive Relief)

69. Petitioner re-alleges and incorporates by reference each and every allegation
contained in paragraphs 1 through 68, inclusive.

70. As evidenced by actions that discriminate against public school students
attending charter schools and violate Proposition 39, SFUSD continues to proceed in a manner that
forces Petitioner to suffer great and irreparable harm. KIPP Bayview will be deprived of its
statutory rights, will be forced to conduct its educational programs in facilities that are not
reasonably equivalent to those provided to students attending District-run schools, and will be
obligated to do so at substantial additional expense for the 2020-21 school year and beyond.

71. Petitioner is entitled to injunctive relief commanding SFUSD and all those acting in
concert with it, to, at a minimum, honor the District?s offer to allocate ten classrooms to KIPP
Bayview for the 2020?21 school year and refrain from taking any action that will prevent or impair
the District?s ability to provide facilities to KIPP Bayview atthe Malcolm campus, including
those facilities currently utilized by KIPP Bayview and SFUSD for the 2019-20 school year.

V. PRAYER FOR RELIEF
WHEREFORE, Petitioner prays for judgment on this Verified Petition and Complaint as

follows:
18

 

 

VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 

That this Court issue a peremptory writ of mandate directing SFUSD, and all those

acting in concert with it:





(0)





To vacate and set aside the District?s Final Noti?cation Of Facilities to be
Allocated Under Proposition 39 dated April 1, 2020;

To adhere to the District?s evidence?based determination that ten classrooms
are necessary to provide the reasonably equivalent allocation of space for
KIPP Bayview?s in-district ADA for the 2020-21 school year, and
immediately provide a proposal for facilities in full compliance with
Proposition 39;

To provide KIPP Bayview public school facilities at the Malcolm campus
including, but not limited to, the ten classrooms offered by the District in its
preliminary proposal, all facilities currently utilized by KIPP Bayview, and
all classrooms, specialized classrooms, and non-teaching station space KIPP
Bayview is entitled to receive pursuant to KIPP Bayview?s Facilities
Request dated November 1, 2019, in full compliance with Proposition 39
and its Regulations, and to provide such corrective and supplemental
assistance as will enable KIPP Bayview to utilize such space for the start of
the 2020?21 school year;

To refrain from taking any action that will prevent or impair the District?s
ability to provide facilities to KIPP Bayview for the 2020?21 school year as
required by Proposition 39 and its Regulations; and

To hereafter comply fully with Proposition 39 and its Regulations as to KIPP

Bayview;

19'

VERIFIED PETITION FOR WRIT OF COMPLAINT FOR INJUNCTIVE RELIEF

 



 



For injunctive relief enjoining SFUSD from violating Proposition 39 and its
Regulations as to KIPP Bayview, commanding SFUSD to honor its offer to allocate
ten (10) classrooms to KIPP Bayview for the 2020-21 school year, and enjoining
SFUSD from taking any action that will prevent or impair the KIPP Bayview?s
ability to occupy and utilize the Malcolm campus, including any action with
respect to facilities currently utilized by KIPP Bayview and all facilities at the
Malcolm campus requested in KIPP Bayview?s Facilities Request dated
November 1, 2019;

For this Court to exercise continuing jurisdiction over this action to ensure that
SFUSD complies with the writ of mandate of this Court;

For damages sustained due to failure to comply with its mandatory duty to
KIPP Bayview under Proposition 39;

For the recovery in full of Petitioner?s costs and attorneys? fees incurred in this
action under Code of Civil Procedure section 1021.5, and Government Code section
800;and

For any other equitable or legal relief that the Court considers just and proper.

DATED: May 21, 2020 I PROCOPIO, CORY, HARGREAVES

SAVITCH LLP

  

 

By: . -
Jo 'n ie?imo 
K. v" Davis
P. ?cob Kozaczuk
Attorneys for Petitioner
KIPP BAY AREA SCHOOLS
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VERIFIED PETITION FOR WRIT OF COMPLAINT FOR RELIEF

 

 

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November 1 201 9

Dr. Vincent Matthews
Superintendent

San Francisco Uni?ed School District
555 Franklin Street

San Francisco, CA 94102

Dear Superintendent Matthewst

Thank you for working together with our team to explore a collaboration that will support students in the
Bayview-Hunters Point community. We are hopeful about our efforts to partner with you and the San
Francisco Uni?ed School District to serve students well as we pursue this KIPP elementary school.

The goal of KIPP Bayview Elementary School is to provide a high-quality, college-preparatory 
education for students who have historically been underserved and to reach students even earlier, before a
signi?cant achievement or opportunity gap has developed. To do so, we are seeking to lease a district
facility that supports our program, in a location accessible to students and families who choose KIPP as
an option.

Our preference is to be located on a single site, in facilities with distinct space that will enable KIPP to
foster our culture. Ideally, we would like to be situated in a long-term home for our school, which will
enable students to thrive as we expand and also avoid the potential ?iture disruption of a move. Malcolm
has met that goal for this year, and we hope to be able to remain there for the 2020-2021 school year.

Thank you for your time and consideration of the attached request. We look forward to developing a
mutually agreeable plan to meet the facilities needs of students.

Sincerely,
Milan Ninkovic
Director of Facilities Planning

KIPP Bay Area Public Schools

cc: Myong Leigh, Deputy Superintendent of Policy and Operations
Mike Davis, Director of Policy 81. Planning and Charter Schools

 

1

.miM?Mi?u ?vi SFUSD 
nA?n:

  

   

Charter School Facilities (Proposition 39) Application i SFUSD

REQQEST FOR FACILITIES THE 2020-2021 20L YEAR
QEQER EDUCATION CODE ?47614 [Eronosition 39]

Instructions f9: Submission;

0 Complete a facilities request using this document by updating the chart or text ?eld below
each question.

a As documentation of meaningfully interested students, please have families complete the
Intent to Re/Enroll Form and log all of these forms into the Meaningfu?y Interested
form (attached).

0 Secure all of the Intent to Re/Enroll Forms and attach them to this document, along with
the Meaningfully Interested Students Forms.

0 Attach your 2019-2020 operational calendar.

I Submit all documents by 5:00 pm on Wednesday, November 1, 2018 at the O?ice of the
Director for Charter Schools, and to: davism@sfusd.edu

Submission Checklist:

Facilities Request Form

Intent to Re/Enroll Forms

Meaningfully Interested Students Forms
2019?2020 Operational Calendar

DUDE

Director for gzhagter l?gation
555 Franklin St. 3rd Floor

San Francisco, CA 94102
(415) 241-6121
Hours: 

 

   

SF USD mutants: 
Charter School Facilities (Propositlon 39) Application SFUSD

RES QUEST FOR FACILITIES FOR THE 2019-21220 YEAR UNDER EDUCATIQE
CODE ?47 614 (Proposition 

 

Office Use Only
Charter School Name: KIPP Bayview Elementary Charter
Date Submitted:
Inlt'lais:
Contact Infonnation
Name: Milan Phone: 510-214-1381
Email: milan.ninkovic@kippbaygea.org Fax: 510-465-5520

Mailing Address: 1000 Broadway1 Suite 460, Oakland, CA 24ml

1. ADA Projections

Proposition 39 requires the District to allocate school facilities to KIPP based upon our projected
classroom ADA. We determined that a reasonable projection of in-District classroom ADA for
the 2019-20 school year- is 135.26. The following is a breakdown of projected ADA as required
Regulations Section 

Please note:
0 ?Prior year? means 2018?19.
a ?Current year? means 2019?20.
0 ?Request year" means 2020?21.

 

5 CCR 11969.9(cll3) Schooi districts may require the charter school to submit its facilities request containing the
information specified in paragraphs and (2) specified by the school district.



 

BAH F?h??i?co
PUBLIC IEHGOLI

Table 1: Total ADA Projections

Charter School Facilities (Proposition 39) Application 3E SFUSD

 

 

 

 

 

 

 

H: 10.56 9.60 4.80
47.04 32.64 38.40
1 20.16 46.08 38.40
2 0.00 .. 16.32 138.40
3 0.00 0.00 17.28

 

 

 

 

 

 

 

 

 

 

TK 10.17 9.25 4.62
45.31 31.44 36.99" 
1 19.42 44.39 36.99
. 2 0.00 15.72 36.99
3 0.00 0.00 16.65

 

 

 

 

The following tables represent the projected in-District ADA (from Table 1 above) and in?District
classroom ADA (from Table 2 above) broken down by grade level and the Dist?ct school the pupils are
otherwise eligible to attend. (Regulations 

 

 

 

 

  

533353.331? . .. . . . 
Charter School: Faculltles (Proposrtron 39) Application SFUSD

 

Table 3: In-District ADA Broken Down by Grade Level and District Schools Where Pupils Would
Otherwise Attend:

 
   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alvara o. 0.00 1.19 0.00 0.00
Brown MS 0.00 0.00 0.00 0.00
Carver ES 1.69 9.51 12.56 14.44
Chin ES 0.00 1.19 0.00 0.72
Clarendon ES 0.56 0.00 0.00 0.00
Cobb ES 0.00 0.00 0.00 0.72
Drew ES 0.00 2.38 3.14 2.17
El Dorado ES 0.00 1.19 0.00 0.72
Glen Park ES 0.00 0.00 0.00 1.44
Guadalupe ES 0.00 . 0.00 0.79 0.00
Harte ES 0.00 1.19 3.14 3.61
Malcolm ES 1.13 10.70 7.85 8.66
Monroe ES 0.00 1.19 0.00 0.00
Moscone ES 0.56 0.00 0.00 0.00
Parks ES 0.00 0.00 0.79 0.00
Serra ES 0.00 0.00 0.79 0.00
Sherman ES 0.00 1.19 1.57 0.00
Starr King ES 0.00 1.19 0.79 0.72
Taylor ES 0.00 . 0.00 0.00 0.00
Tenderloin ES 0.00 1.19 0.00 0.00
Vis Valley ES 0.00 2.38 0.79 0.00
Webster ES 0.55 1.19 0.79 0.00
Yick W0 ES 0.00 0.00 0.00 0.72
Grand Total 4.51 36.86 35.33 36.10

 

 

 

 

 

 

 

2. Provide a description of the methodology used for the ADA estimates above. Please also include
supporting documentation as an attachment. little 5 CCR 1969.9, speci?es that a requesting
charter school must determine a reasonable projection of the in-distrt'ct average daily classroom
attendance (ADA for the applying school year.

 

  

SFUSD 

Charter School Facilities (Proposition 39) Application SFUSD

Our projections are based on three factors: our many years of experience in the Bayview, our two
years of operation at the Malcolm campus, and the demand we are seeing for the 2020-2021 school
year. We lowered our projections from those outlined in our charter to take into account 2019-2020
enrollment, in addition to the number of school?aged children in the Bayview community.

KIPP schools emphasize a culture of achievement and support. High attendance rates are a
cornerstone of academic program, as we believe more time learning is central to the success of our
students. In keeping with this belief, all KIPP schools and families commit to regular attendance as well
as an extended school day.

At KIPP Bayview Elementary School, our current ADA rate is 96%. Thus, total classroom ADA
projections are 137; this is based on projected enrollment of 143 students.

KIPP seeks not only to be a high quality option for the students of San Francisco, but also to be
an integrated part of the Bayview?Hunters Point community. KIPP has operated schools in the Bayview
for over 15 years and understands that each community is unique. Our community outreach goals are to
better understand the needs of families, particularly those with young children, students, and the local
community.

We are developing strong relationships with families with young children in the Bayview?Hunters
Point community. Our outreach efforts include attending community festivals, hosting information
sessions, and partnering with community organizations. Examples of current community partners include
the Bayview-Hunters Point YMCA, Wu Yee Children?s Services, Family and Children Empowerment
Services San Francisco (FACES SF), True Hope Church, and the Public Housing Tenants Association
(PHTA)

As a result of our active outreach in San Francisco, thus far we have collected 117 intent to enroll
forms from our current students and 31 intent to enroll forms from students who are new to KIPP. In
addition, we have received 8 online SchoolMint applications (with digital signatures) from new students,
though please note some of the students who submitted an application also submitted an intent to enroll
form; we have included both. As such, the attached 156 documents demonstrate the meaningful intent of
152 in-District students to enroll at KIPP.

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 2019?20 school year:

2019?2020 KIPP Bayview Elementary Student Roster

2019-2020 KIPP Bayview Elementary Draft Operational Calendar

2019-2020 KIPP Bay Area Attendance Report Summary

2020?2021 KIPP Bayview Elementary Current In?District Student Intent to Enroll Forms
2020-2021 KIPP Bayview Elementary New In-District Student Intent to Enroll Forms
2020?2021 KIPP Bayview Elementary New In-Distn'ct Student Online SchoolMint Applications
with Digital Signature

9?5??pr

 SFUSD 

 

Charter School Facilities (Proposition 39) Application 1 SFUSD

3. Provide documentation of the number of in-district students meaningfully interested in
attending the charter school, if relevant. Attach as APPENDIX 1 and APPENDIX 2. (Please be
sure to include in your electronic copy of the application) Title 5 CCR states
that the annual request must include a description of the methodology used in making the ADA
projections and if relevant, documentation of the number of in-district students meaningfully
interested in attending the charter school.

Please see attached.

4. Please indicate all SFUSD campuses on which the Charter School is currently located. (If
Charter School is not currently located on an SFUSD campus, enter "None?)

Malcolm Academy

5. Provide description of the district school site and/or general geographic area in which the
charter school Wishes to locate.

It is a top priority that we are located in a facility that enables us to provide our educational
program in the Bayview without the disruption of moving campuses as enrollment increases. Another
essential consideration is that the Charter School continues to be located on a site that is accessible to our

families, as this enables us to ful?ll our commitment to serving the children of Bayview?Hunters Point. To

that end, we welcome the opportunity to continue to partner with Malcolm community and the district
to co?locate at this site. However, we recognize that the district may deem it necessary to locate the
Charter School elsewhere. In which case, we respectfully request that the district contacts the Charter
School to discuss suitable alternatives. In terms of alternatives, our strongest priority is to have the
Charter School be located as close as possible to our Bayview families. Thus, these are the neighboring
communities in order of preference in terms of proximity: Bayview Hunters Point, Visitacion Valley,
Sunnydale, and Portola.

KIPP recognizes that co?location requires strong partnership and collaboration. With this in mind,
we worked closely with Marco Taylor, immediate past Principal of Malcolm X, and his staff last year. For
example, Allie Welch, Principal of KIPP Bayview Elementary, and Principal Taylor are collaborating to
determine how to effectively support families who have students enrolled in both schools. We continue
that collaboration this year with Malcolm X?s new principal Matthew Fitzsimmons. We are also working
with Tamitrice Rice Mitchell, Director of Principal Support at SFUSD, to build strong relationships with
Malcolm and to create new traditions as a community.

KIPP has been part of several effective district?charter co?locations to date and is eager to
continue working with our partners at SFUSD to create an exemplary co?Iocation model for KIPP
Bayview Elementary.

a 
SFUS 

 

Charter School Facilities (Proposition 39) Application 1 SFUSD

6. Provide information on the charter school?s educational program that is relevant to the
assignment of facilities.

Our school offers courses that meet Califomia?s content standards, as well as prepare students to
enter middle school. Therefore the facility allocated to the Charter School must provide: (1) classrooms
that are fully furnished; (2) access to a for physical education and all school events; (3) at least one
i classroom equipped for a computer lab; (4) at least one classroom equipped for science labs and (5)

reasonably equivalent Space for administration, counseling and faculty collaboration. We wil

1 also require
access to an athletic ?eld and cafeteria.

In addition, based on our experience in our ?rst year, our students have signi?cant need for mental
health services, pull-out services, and additional supports. We responded to this need by hiring a full time
mental health counselor and a social worker for our students this year.lHowever, in order to provide these
services, we require one additional private space for con?dential counseling sessions with students and
families. We were not allocated this space for the current school year and have been providing private
counseling in shared space. We request additional private space for this purpose next year. Private space
is available at the comparison schools for these services therefore we are entitled to

such private space
under Proposition 39. (Ed. Code 47614(b); and 5 C.C.R. 

7. Include a copy of the charter school?s 2019-2020 operational calendar.

Please see attached.

 

. 

 

 

 

    
 

 
 

   

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_San Francisco CA 94124
??San Francisco CA 94124
- _San Francisco CA 94124
- _San Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94124
San Francisco CA 9124
_San Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94124
_an Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94124
- _San Francisco CA 94124
-an Francisco CA 94124
- _San Francisco CA 94124
?-San Francisco CA 94124
?-an Francisco CA 94124
??San Francisco CA 94124
_San Francisco CA 94124
??San Francisco CA 94124
_San Francisco CA 94124
_San Francisco CA 94134

 
 
  

  

 

 

Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary

Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary
Bayview
Elementary

 

- Homeless code 120

??9an Francisco CA 94131
- ?San Francisco CA 94131
?San Francisco CA 94139
??San Francisco CA 94197

-?San Francisco CA 94124

_San Francisco CA 94124
??Sen Francisco CA 94124

?_San Francisco CA 94124
?an Francisco CA 94124
- ?San Francisco CA 94124
- _San Francisco CA 94124
- ?9an Francisco CA 94124
?San Francisco CA 94124
- ?San Francisco CA 94124
_?Sen Francisco CA 94124
_?San Francisco CA 94124
- ?San Francisco CA 94080
?San Leandro CA 94578
??San Francisco CA 94115
??San Francisco CA 94133
_San Francisco CA 94124

- _San Francisco CA 94124

_?San Francisco CA 94124
- _an Francisco CA 94124
?San Francisco CA 94134
_?San Francisco CA 94107
??San Francisco CA 94107
?_San Francisco CA 94124
San Francisco CA 94124
?San Francisco CA 94124
_?San Francisco CA 94124
?San Francisco CA 94124
??an Francisco CA 94330
Daly City CA 94014
Rodeo CA 94572
?San Francisco CA 94131

 

  

TK

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Bayview
Elementary _San Francisco CA 94112

Bayvlew

Elementary _San Francisco CA 94124

Bayview
Elementary -an Francisco CA 94124

:3:an _San Francisco CA 94110
3:23;:an __San Francisco 94124
213::ch _San Francisco CA 94110
:laeymfr?ary __an Francisco CA 94124
gaymeenvtary __San Francisco CA 94124
273;:an _San Francisco c2 94122
2:111:an __San Francisco CA 94124

2:12?an _San Francisco on 94124
game _San Francisco CA 94124
23:1?:an __an Francisco CA 94124
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339$:an San Francisco CA 94102
- _San Francisco CA 94124
2:32;:an __San Francisco CA 94124
23:1?an San Francisco CA 94134

Bayvlew

Elementary __San Francisco CA 9410?
Bayview

Elementary _San Francisco CA 94124

Bayview

Elementary _San Francisco CA 94124
Bayview

Elementary _San Francisco CA 94124
Bayview

Elementary - -an Francisco CA 94124
Bayviow -

Elementary _San Francisco CA 94125
Bayview

Eiernentary __San Francisco 94104
anvlew

Elementary __San Francisco CA 94124
Bayview

Elementary -an Francisco CA 94124
Bayvlew

Elementary __San Francisco CA 94112
Bayview

Elementary __Sausallto CA 94955
Bayview

Elementary __San Francisco CA 94130

Bayview
Elementary _San Francisco CA 94102

Bayvlew
Elementary __San Franisco CA 94124

Bayview

Elementary _San Francisco CA 94116

Bayview

Elementary _San Francisco CA 94103

Bayview 
lamentary __San Francisco CA 94110

Bayvlew

Elementary _an Francisco CA 94124

Bayvlew

Elementary _an Francisco CA 941211

 

k- a- A at 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

wiewES
Aug 3 ?rst'Day of School Sep 7 Labor-Day Oct 12 Indigeneou's Peoples' Day .
Nov 11? Veterans Day Nov 2327 Thanksgiving Break Dec 21 -Jal1 1 Wi?ter Break . 7

Jan 18? Martin Luther King Day 'Feb 15-19 February Break Mar 31 . Cesar- Ch'avez'Day i
Apr-12716 Br?ak May 31 Memorial Day . . Jun 4 Last Day of Schoo

 

 

 

i



Number


.'Bayview Elementary



. . . ..
.
. Gradelevel

 

 

Certification

County: San Francisco Fiscal Year: 2018?19

District: State Board of Education - RIPE EIPP Bayviow Elementary School 9-2
Bayviow Elementary School

cos CODE 38 77131 0137307 8231ABP7

 

Charter Status

hereby certify'that, to the best of my knowledge, all data have been compiled and
reported in accordance with all applicable laws, regulations and instructions.

 
  

We? /7

Responsible Charter School Official:
School District Superintendent: Date:

County Superintendent of Schools: Date:

Any inquiries concerning this report should be directed to:

CONTACT Emma KIPP Bayview Elementary
PHONE 
FAX .
E-Mail sarah.sanchezekippbaiarea:org

 

 

 

 

 

California Department of Education
Principal Apportionment Data Collection Software
Pig. 1 o! 1 4/22/2919 1:24:54 PH

A 

 

 

Certification

County: San Francisco

District: State Board of Education
Bayviaw Elementary School
ens cab? M33 77131 

Fiscal Year: 2018-19
- RIPE KIPP Bayview Elementary School P-2

corona
Attendance Charter School

I hereby certif},r that, to the best of my knowledge.

all data have been compiled and
reported in accordance with all applicable laws,

regulations and instructions.

Responsible Charter School Official:ODV [3?9 MW: ?l jg 

School District Superintendent:

 

Date: 

 

County Superintendent of Schools: Date:

 



Any inquiries concerning this report should be directed to:

CONTACT Hm KIPP Bayview Elementary
mom (510)394-4705 
PM: . . 
E-Hail earah. sanchez?kippbayarea . org

 

 

Calitornia Department of Education

Principal Apportionment Data Collection Software

2018-18-00 Page 1 of 1 4/22/2019 1:24:59 PM

i. 

 

 

 

charter Statue

County: San Francisco Fiscal Year: 2018-19

9-2
Certificate number: 32315337

 

District: State Board of Education - RIPE Bayviow Elementary
EDS CQDE 38 37131 0111307 1254

 

Did the charter school cease operation during the current fiscal year? No

 

um

Is this charter school in its first year of operation?

 

 


Yes .
Enter Date (month, day, year) that instruction commenced 
Does this charter school operate multiple inotructional tracks? 
5 Single Track Days of Operation 
What is the site type of the charter school? 



 

California Department of Education
Principal Apportionment Data Collection aortwere

2018-18.00 Page 1 of 1 4/22/2019 1:24:38 PM


. 

 

District: State Board of

Attendance

unty: can Francisco

Education RIPE Bayview Elementary

CODE 30 77131 0137307 1954

Did the charter school cease operation during the
Is this charter 5
Enter Date (month,

Does this charter schoo

ohool in its first year of operation?
year) that instruction commenced

1 operate multiple instructional tracks?

Single Track Days of Operation

What

Regul

Regu

Classroom-based ADA included in A?l

I 

is the Site type of the charter school?

or ADA

ERIK-3

lar ADA

A-l

3-2

Extended Year Special Education 56345(b) (3)1 A-a

(Divi

Classroom-based ADA included in 

Speci
Schoo
nae tarian Schools - Licensed Children's

0
Institutions

Classroom?based ADA included in 

sor 175)

a1 Education NOnpublic, Noneectarian 
15 56366(a)(7)] and/or anpublic,


current fiscal

Charter

year?

61;35

61.27

School

 

Extended Year Special Education - Nonpublic, A-7

Nonsectarian Schools 56366ta)(7)] and/or
Nonpublic, ansectarian Schools - Licensed

Children's Institutions (Divisor 175)

2018-

Celirornia Department of xducation
Principal apportionment Data collection Softparo

Pa 1
18.00 

0.00

0.00

of 2

Grades 4-6

0.00

0.00

0.00

00

0.00

[20/2

Nb

YES

018

No

based

rodeo 7-8

0.00

0.00

0.00

0.00

.00

0500

2018-19

certirioate N?mbora ZDFOZOTA

Grades 9-12

0.00

0.00

P-2

 

4/22/2019

0.00

0.00

 

1:24:04 PM

 

 

ru_ n- . 

i

. . Attendance Charter School

County: San Francisco . Pineal. Year: 2010-19
District: State Board of Education - RIPE Bay-view Elementary 9-2

CD8 CODE 38 71131 0137307 1954 Certificate Number: 

Classroom-based ADA included in 11ADA retain (Sum or a-i?uhrough A-T excluding 61.35 0.00 0.00 0.00 51.35
classroom-haaed ADA) ..

 

 

Classroom-based ADA Totals (sum of. 114 through 61.27 0.00 0.00 0.00 61.27
A?a including only classroom-banal ADA) 

 

Hon classroom-based ADA Totals (Difference of 11-11 0.00 0.00 0.00 0.00 0.00.
3-9 and 11-10) 

 

other

ADA for Students in Transitional Kindergarten 3-1
pursuant to EC 46300 included in Section A

(Lines A-l, and 1-1?7, Column,

First: Year ADA Only)

0;;00



 

Non classroom?based ADA not eligible for funding 3-2 0.00 0.00 0.00 0.00 0.00
pursuant to EC 47612.5(b) and 51745.6 and not - 
included in A?ll

 

 

 

Course Based Independent Study ADA, pursuant to 13-3 0.00 0.00 00 0.00 0.00
EC 517495, included in A?ll . . .-

 

Course Based Independent Study ADA not eligible 13-4. 0.00 0.00 0.00 0.00 0.00
for funding, pursuant to EC 47612.5(b) and -
51745.6, included in 3-2

 

Calitornia Department 0! Education
Principal Apportionment Data Colleation So?tuare

Page 2 of 2 4/22/2019 1:24:44 PM
201848.00

 

 



 

  

  

 



 

 
    

 

 

 

 

 

 

1 1-7
2 pain/20134911212013 77 1162 7'4
3 31 1210 1-1" 57 . 
P14 mulmmomms 642 - as 
5 12/1olzomo1mno19 10 567 a 65 1c.
. 01107120190211;me 21 9113- 65 21
1 Dwell/20194310112019 970 64 
my (magnum/2019 751 - s4 is
9 04101/2019-04125/2019 - - - - - :g -
041291201941512412019 - - - - g: .
11 (Eamon-053112019 - - - 
Cumuia?vefoh! '21s 7607 251.35 545 216 7607 8520 124 91.611:

 

 

 

 

 

rum- 

no N-IS sruneurs (mocha
Inseam?

 
 

'bs/zoizomoamnom
09/17/201910/1212018

1u121201s-1z/07/2o13
anagram-0110412025
summon-0210mm
02/041'2019413/01/2019

3a.
a


9


magnum/2412019
11 05/27/2019-05121/2019

SD

 

 

 

   

03/04I2019-03f312019 .

 

 

Cumulative Total

 

 

 

 

 

 

Bayview Elementary SchoolMint Applications

   
      

  

2019?00-30 11:30:40 -07oc
2019-00-30 11:33:59 -0700
:2019-09-04 10:35:48 -0700
201 -09-23 15:57:20 -0700
201 
I 201 

2019-10-29 14375113306

6090005
8600010
6095880
0121175
0133009
6300305
6302921
0057043



1403225
1403225
2453365
1049093
2488398
1571911
2528331
2541876

   

'1 :?39?13?

    
  

  
   
      
 

   

      
 

    
   

     

   

5,40
35361

      
   
     

   
  

 

       
  
  

     
 

    
 

     

"3501475

  

EXHIBIT 

 

    

. Michael Davis, Director
Policy 8: Planning and Charter Schools

SAN FRANCISCO - . .
SFUSD PUBLIC SCHOOLS 
(415) 241-6121

 
 
   

 

 

'9 San Francisco Unified?School District . 555 Franklin Street, Third Floor 0 San Francisco, California 94102 7

 

January 31, 2020

By U.S. Mail and Email tomilanminkovig?"? ltip?p bgjyarealom 

Milan Ninkovic

KIPP Bay Area Schools
1000 Broadway, Suite 460
0a kland, CA 94607

Re: Preliminam Proposal Regarding Facilities to be Allocated Under Pro position 39
Dear Mr. Ninkovic:

This letter constitutes a preliminary proposal in response to the request you submitted to the San
Francisco Uni?ed School District (?District") on behalf of the KIPP Bayview Elementary School ("Charter
School"), dated November 1, 2019, for facilities for the 2020-21 school year.

I. Introduction

Education Code section 47614 (?Prop 39") and its implementing regulations (Cal. Code Regs, tit. 5, 
11969.1 et seg., ?Prop 39 Regulations?) require a school district, in response to a request for facilities, to
prepare in writing, on or before February 1, a preliminary proposal regarding the space to be allocated
to the charter school and/or to which the charter school is to be provided access. (Cal. Code Regs, tit. 5,
The District has accordingly prepared this preliminary proposal in compliance with the
Prop 39 Regulations. 

ll. Preliminag Proposal Reguirements

Section 11969.9, subdivision of Title 5 of the California Code of Regulations sets forth several
requirements to be addressed in the District's preliminary proposal, as discussed in more detail below.

A. Projections of ln-District Classroom ADA upon which Proposal is Based

The Prop 39 Regulations require the District to set forth the projections of in-District classroom average
daily attendance upon which the District?s preliminary proposal is based. The District has
determined that the ADA projections set forth in the Charter School's November 1, 2019 request are
reasonable. Therefore, this preliminary proposal is based on the 115.6 units of in-District ADA that the
Charter School has projected for the 2020-21 school year.

B. Specific Location of Space

For the 2020-21 school year, the District offers to the Charter School of the facilities located at the
Treasure Island Elementary campus, 13th Street at Avenue, San Francisco 

 

 

Milan Ninkovic
January 31, 2020
Page 2 of 3

The District offers the Charter Schooluse of the following facilities located at the Site:

1. Exclusive Use of Certain Facilities. The Charter School shall have exclusive use of the following
fa located at the Site: Ten (10) classrooms, Girls and Boys Restrooms, office space, outdoor play
and parking areas

2. Shared Use of Certain F_acilities. The Charter School shall have shared use of the following
facilities located at the Site: staff restrooms, and multipurpose room. Subject to the foregoing, the
administrators of the charter school and all? other programs operating at the site shall- meet and review
their respective school year schedules and will work togethergln good faith to eliminate or minimize
scheduling confiicts.

C. Conditions Pertaining to the Space

All conditions pertaining to the Charter School?s use of the aforementioned facility are set forth in the
enclosed Draft Facilities Use Agreement. 

D. Projected Pro Reta Share Amount

in accordance with 5 CCR this preliminary offer includes the projected pro rata share
amount for 2020-21, and the method used to determine this fee. For 2020-21, the District's full pro rata
share charge is $3.89 per square foot.

Pursuant to the provisions of 5 CCR 11969.7, the District used actual costs from fiscal year 2018-19 to
determine the District's total unrestricted general fUnd costs for school facilities and divided that
amount by the total school facility square footage of the District- The totai unrestricted general fund
costs included those unrestricted general funds appiied to deferred maintenance, and furnishing and
equipment replacement, along with debt service costs. Utility costs were excluded, as charter schools
are charged directly for usage. Using this methodology, the District determined a pro rata share amount
of $3.89 per square foot.

In addition, please be advised that the District reserves the right to assess and coliect from the Charter
School, separate from the pro rata share charge, the actual costs attributable to that portion of the
agilocated facilities that are based on the Charter School?s classroom out~of?District ADA for the 2020-
2021 school year.

E. Comparison Group Schools Used in Developing Preliminary Proposal

Pursuant to section 11969.3, subdivision (ajl3), of the Prop 39 Regulations, the comparison group for
purposes of the Charter School?s facilities request shall be three schools in the District with similar grade
levels that the largest number of students of the Charter School would otherwise attend. The District?s
student assignment policy, which is significantiy based on student choice, makes it dif?cult to predict
which District school a Charter Schooi Student would otherwise attend.

The District has determined that the schools-iisted below constitute the "comparison group? for the
Charter School's request, as that term is de?ned by section 11969.3, subdivision of the Prop 39
Regulations.

1. Bret Harte Elementary School

 1- .. 

i
i

I



i

EMichaEI Davis

Milan Ninkovic
January 31, 2020
Page 3 of 3

2. George Washington Carver Elementary School
3. Malcolm Academy
F. Differences Between Preliminary Proposal and Charter School?s Facilities Request

The Charter School requested to remain in its 2019-20 school year location (350 Harbor The
Preliminary Offer does not meet Charter School's Request, but provides reasonably equivalent facilities
that will adequately house the Charter School's program.

Ill. Conclusion

The Prop 39 Regulations require that the Charter School reSpond in writing, on or before March 1, 2020,

'to this preliminary proposal. Please contact me at (415) 241-6121 to continue discussions concerning

the Charter School's facilities request.

Sincere! 

     

Director, Policy 8: Planning and Charter Schools

Enclosure: Draft Facilities Use Agreement

cc: Myong Leigh, Deputy Superintendent

 

 

 

FACILITIES USE AGREEMENT BETWEEN
SAN FRANCISCO UNIFIED SCHOOL DISTRICT AND
KIPP BAY AREA SCHOOLS

This Facilities Use Agreement (?Agreement") is made by and between the
San Francisco Unified School District, a California public school district ("District"), and KIPP Bay
Area Schools a California non-profit public benefit corporation for use of educational
space located within the boundaries of the San Francisco Unified School District for operation
of KIPP Bayview Elementary School ("Charter School?). Distri and Charter School may be
referred to herein individually as a "Party" or collectively a 

 
  
   
  
   
 

RECITALS i

b?lic benefit corpao ?tion that is operating a
{Cu nd er the laws of the Charter Schools Act of
in grades through?53 In the 2020-

WHEREAS, Charter School is a non-prof}: 
charter approved by the State Board of Educati?

2021 school year; and

 

WHEREAS, pursuant to the requirements of California. Education Code section 47614
and its implementing regulations ("Proposition on or about April 1, 2020, the Governing
Board of the District made a written ?nal offer to provide the Charter School with facilities for
its 115. 6' In- -district students for the 2020-21 school year; and 

WHEREAS, the District and Charter School enter into this Agreement wherein the
District and Charter School mutually agree that the Charter School will occupy classrooms and
use facilities (the as particularly described In Exhibit A and located at 13th Street at
Avenuefs'an FrancIsco, California, Treasure Island Elementary (the "School Site"), for the
2020- 21 school year, under Proposition 39 and consistent with California Code of Regulations

tit. 5, section 11969.1 etseq

 

 
  

 

NOW THEREFORE, in consideration of the covenants and agreements hereinafter set
forth, the Parties agree as follows;-

AGREEMENT

1. Use of Premises. District agrees to allow use of the Premises at the School Site(s) by
Charter School for the sole purpose of operating Charter School's educational program
in accordance with all applicable federal, state and local regulations relating to the
Premises and to the operation of Charter School?s educational program. Charter School
shall not use the Premises for any use other than that speci?ed in this Agreement
without the prior written consent of District.

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS Page 1

1.1.

1.2.

1.3.

1.4.

1.5.

1.6.

1.7.

   
 
  
 

the school

Charter School shall not commit, or suffer to be committed, any waste upon the
Premises, or allow any sale by auction upon the Premises, or allow the Premises
to be used for any unlawful purpose, or place any loads upon the floor, walls or
ceiling which endanger the structure, or place any harmful liquids in the
plumbing, sewer or storm water drainage system of the Premises. No waste
materials or refuse shall be dumped upon or permitted to remain upon any part
of the Premises except in trash containers designated for that purpose.

Any uses which involve the serving and/or sale of alcoholic beverages and the
conducting of games of chance are prohibited Premises.

  

The Premises shall be non-smoking and nosmoking shall be allowed' In or on the
Premises, including, but not limited to all balconies, courtyards, play courts,
walkways and parking areas. 

    

Charter School shall require all invitees and guests to use the Premises only in
conformance with the permitted use and witti applIcabIe governmental laws,
regulations, rules and ordinances. During the Term, Charter School shall comply
District facilities, except where actual District practice substantially differs from
of?cial policies, in which case the Charter School shall comply with actual District
practice. Charter School shall comply with the District?s most recently published
foIIcIes and procedures, which are accessible at the District? 5 website

sfusd edu, will be provided by District to the Charter School by July 1 of

 

 

Charter School shall not do nor permit anything to be done In or about the

PremIses nor brIng or keep anything therein which will In any way increase the
District eXIstIng Insurance rate or affect any fire or other' Insurance upon the
or any partt ereiof or any of the contents of the Premises, nor shall the Charter
School sell or permit to be kept, used or sold in or about the Premises any
articles which may be prohibited by a standard form poiicy of fire insurance.

 

Civic Center Act. Charter School agrees to comply with the provisions of the
Civic Center Act (Education Code 38131 et seq.) to make the Premises
accessible to members of the community. The Parties understand that the
Premises are to be used primarily for educational programs and activities and, as
such, any use of the Premises by members of the community shall not interfere
with Charter School's educational program. Any request received by Charter

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS I i i . Page 2

School for use of the Premises pursuant to the Civic Center Act shall be 
forwarded to the District.

2. Effective Date; Term; Delivery.

2.1. This Agreement shall become effective upon proper execution of the Parties and
ratification by the District's Board of Education. The effective date shall be the
date upon which the last signature is af?xed or the date the Board of Education
ratifies the Agreement, whichever is later (?Effective Date?).

  
  
   
  
  

Date and shall only be for the

2.2. The term of this Agreement shall begin on the Eff
school session, but in no case

2020-21 school year, including the 202,, ..
extending beyond July 31, 2021. ("Ter .

2.3. The Facilities shall be available fo 'cupancy and use the Charter School for a

 

 

district to no fewer than seven accordance WIth sectIon 11969. 9
subdivision of Title 5 of the CalIfornIa Code of Regulations .

 

3. Pro Rata Share Charge for Facilities Costs.

3.1. For and in consideration of the use of the Premises for the Term of the
Agreement, Charter School agrees to pay District the following sums ("Pro Rata
Share?) under California Code of Regulations, Title 5, section 11969.7:

7' 5 per square foot. As detailed in Exhibit B.
Charter School's square footage of . As detailed in Exhibit A.

  
  
 
 
 

he Pro Rata Share is 5 annually 0" quarterly.

3.2. The Pro Rata Share ._for the first quarter shall be invoiced by the District on

September 15, 2020 Thereafter, the Pro Rata Share shall be invoiced on the
followmg te 'ecember 15,2020, March 15,2021 and June 15,2021.

   

3.3. Charter School shall pay to District the Pro Rata Share upon receipt of
the invoices mentioned above, without deduction, seto?, or demand.

3.4. Charter School acknowledges that late payment by Charter School to District of
the Pro Rata Share and other sums due hereunder will cause District to incur
costs not contemplated by this Agreement, the exact amount of which will be
extremely difficult to ascertain. Those costs include, but are not limited to,
processing and accounting charges. Accordingly, if District does not receive any
installment of the Pro Rata Share or any other sum due from Charter School by

 

2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS Page 3

4:00 pm. within ten {10) days after the Pro Rata Share is due, Charter School
shall pay to District, as additional sums due, a late charge equal to five percent
of the overdue amount or the maximum amount allowed by law, whichever
is less. The Parties hereby agree that any late charge assessed to Charter School
shall represent a fair and reasonable estimate of the costs District will incur by
reason of late payment by Charter School. Acceptance of any late sums by
District shall in no event constitute a waiver of Charter School's default with
respect to any overdue amount, nor prevent District from exercising any of its
other rights and remedies granted hereunder.

  
 
 

4. OveraAllocation. The District reserves the right toII over-allocation and other
applicable fees and reimbursements from Chart School pursuant to California Code of
Regulations Title 5, section 11969. 8.

 

 

5.. Utilities. District shall furnish or ca furnished to remises necessary
utilities. For purposes of the AgreemehII utIlItIes include electrIcaIIl natural gas sewer,
waste disposal/recycling and water servic DIstrIct will invoic the Charter School
quarterly (September 15, December 15, March 5 and June 15) for the Charter School' 5
proportional share of utilities. The payment of 'saI I ities will be the sole responsibility
of the Charter School. The District? 5 failure to furnish or cause to be furnished utilities
when the failure Is caused by acts beyond the reasonable control of the District, (ii)
strikes, iockouts, labor disturbances or labor disputes of any kind; any laws, rules,
orders, ordinances, regulations, requirements or any other action by federal, state,
county or municipal authority; or (iv) any other unavoidable delay, shall not cause the
District to be in default of the Agreement and shall not result in any liability of the
District. Charter School shall comply with all District energy conservation policies
reiatmg toru' If the Premises.

   

 

 
    

6. :AddItIonal SerVIcesIJ Charter School and District may negotiate additional services or
eqmpment as requested by Charter School. District shall assess Charter School
separately for the cost to provide the additional services, if any.

   

7. Shared School IISIite(s) andIRecreational Facilities. Charter School acknowledges and -
understands that the Premises are located' In an operating public school site. IIAs such,

 

other outdoor play areas (collectively' ?Shared Space?) will be used by other parties,
including the District. Charter School shall cooperate with the other parties and the
District in reaching amicable arrangements concerning the use, maintenance and
security of the Shared Space.

8. Condition of Premises. -
8.1. District is responsible for compliance with the requirements of the Americans
with Disabilities Act, California Fair Employment and Housing Act, and other
applicable building code standards.

 

2020-21 Facilities Use Agreement Exhibits - SFUSD and KBAS Page 4

8.2. Any agreements, warranties or representations not expressly contained in this
Agreement shall in no way bind the District or Charter School, and District and
Charter School expressly waive all claims for damages by reason of any
statement, representation, warranty, promise or agreement, if any, not
contained in this Agreement.

8.3. The Parties agree that if the structural elements of the Premises become
damaged to a lesser condition than currently exists, and if the structural damage
is due to no fault or negligence of Charter hen District will repair the
damage in order to bring it back to a conditio hich is similar to the condition
which exists at the time Charter Schooltakes ssession of the Premises. The
District shall, as soon as reasonably possible aft {the damage occurs, provide
the Charter School with facilities, fo"?any part of the Charter School program that
is displaced by the partial damage and/or the repair work of the same. District
may, however, terminate this Ag ement if the cost to Premises
exceeds Five Hundred Thousand dollars (SSQO QQO) per InCIdentm District pro-
rate the Pro Rata Share during the "rep' lot! if the resultIng structural
damage prohibits Charter School from out its normal daily activities. If

District elects not to perform a repair estImate-d to cost in excess of Five

Hundred Thousand dollars Charter School may elect to remain in

possession of the Premises and pay the Pro Rata Share, unless revised through

mutual agreement of the Parties, or Charter School may elect to terminate this

Agreement.

   

 

 

 

    

8.4.. Asused in the Agreement, the term "structural elements of the building" are
efIned as and shall be limited to the foundation, footings, floor slab but not

   
 
  

skylights PlumbIng, electrical and heating systems shall be considered
"structural elements of the building"

 
  

9. Title to School Site(s) I Classroom Buildings. The Parties acknowledge that title to the
School Site and PremIs held by District and shall remain with the District at all times

10. District's Entry ana?gcess to Premises.

10.1. District and its authorized representatives may enter the Premises at any time
for the purpose of inspection ("Inspection"); or to perform deferred
maintenance in or on the Premises; or to alter, improve, or repair the Premises
in a manner so as not to disrupt the normal classroom and school activities. The
District shall attempt to provide the Charter School with reasonable notice of
such entry when practicable, but shall not be obligated to do so in the event of
an emergency or imminent threat to health or safety of the occupants. The
District shall comply with the requirements of Education Code sections 45125.1

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS Page 5

and 45125.2 regarding accessing the Premises and the protection of minor
students.

10.2. The Charter School waives any claims for damages for any inconvenience to or
interference with the Charter School?s business, any loss or use of quiet
enjoyment of the Facilities related to the District's entry for the purposes
identi?ed in this Section. The Charter School shall provide the District with keys
to unlock all necessary doors in the Facilities, excluding the Charter School's
vaults and safes.

  
  
    

the Agreement or is not in
?nail reasonable costs and

10.3. If Charter School is violating the use restrict
material compliance with any applicabl I
expenses reasonably and actually' Incu
Inspection shall become due and ._ible by Charte
due District, within ten (10) day
Inspection.

       
 
 
    

hool as additional sums

 
  
 

10.4. If Charter School fails to perform any or condition to erformed by
Charter School pursuant to the Agree .. :the Charter School?s charter,
District and its authorized representativelsh have the right, after reasonable

. prior written notice to Charter School, to en ,the Premises during normal

I business hours for the purpose of performing the _enant or condition at

I District's option after thirty (30) days? written notiC??to and failure to perform by

Charter School (provided, no written notice is required in the case of

i emergencies). All reasonable costs incurred by District in shall be reimbursed to

_.__Dis_trict by Charter School within ten (10) days of written demand, together with

at the Interest Rate computed from the date incurred by District until

paid An ?performance by District of Charter School?s obiigations shall not waive

or cure this-?default. All reasonable out-of-pocket costs and expenses actually

ncurred by 'DI?sfrict, "including reasonable attorneys? fees (whether or not legal

  

    
 
 
   

 

 

 

10.5.
for inconvenience, annoyance, disturbance, loss of business or other damage to
Charter School by reason of making the repairs or the performance of any work.
The District shall make reasonable effort to minimize disruption of the Charter
School?s program.
I 2020-21 Facilities UseAgreement - Exhibits - SFUSD and KBAS Page 6 2

ch - owns? as _Hcs_ s_

 

 

11-;

Surrender of Premises, Furnishings and Equipment.

11.1.

11.2.

11.3.

 

11.5.

On the last day of the Term, or on sooner termination of this Agreement, Charter
School shall surrender the Premises, Furnishings and Equipment to District and
any existing improvements in good order, condition and repair, free and clear of
all liens, claims and encumbrances, though nothing in this provision shall be
construed to authorize Charter School to allow or cause to be placed any liens,
claims and/or encumbrances of any kind. The condition of the Premises when
surrendered shall be similar to that existing as of the Effective Date of this
Agreement excepting normal ordinary wear ear and any structural
improvements made by District subsequent Effective Date. This
Agreement shall operate as a conveya ignment to District of any
improvements identi?ed by District to *he Premises.

  
  
  
    
        
 

subject to all applicable laws,
the California Department of

Removal of Charter School?s property sh
including any local permits and/or approva .
General Services, Division of the State Archit??

 

All property that? Is not removed on or before the end of the Term shall be
deemed abandoned by Charter School and assoCiated costs to store, remove or
dispose of abandoned property shall be the responsibility of the Charter School.
If the Premises are not surrendered at the end of the Term or upon earlier

 
    

occupancy shall be a tenancy on a month-to-month basis for a pro rata share
equal to one hundred ?fty percent (150%) of all sums charged and
owing the previous thirty (30) calendar day period.

No payment of money by Charter School after the termination of the
Agreement, or after the giving of notice of termination by the District to the
Charter School, shall reinstate, continue or extend the Term.

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS Page 7'

 



WW

. 12;

13'.

 

Taxes and Assessments. The District shall pay any assessment on the Premises,
excluding any improvements which Charter School constructs or causes to be
constructed on the Premises, whether real estate, general, special, ordinary or
extraordinary, or rental levy or tax, improvement bond, and/or fee imposed upon or
levied against the Premises or Charter Schodif' legal or equitable interest created by this
Agreement, and the taxes assessed against and levied upon Charter School's alterations
and utility installations that may be imposed by any authority having the direct or
indirect power to tax and where the funds are generated with reference to the
Premises? address and where the proceeds so generated are applied by the city, county
or other local taxing authority having jurisdiction. The ovisions of this Section shail
survive the expiration or earlier termination of this Agreement Nothing' In this Section
shall be construed to override the reqmrement" cition "Title to and Removal of

  

that Charter School obtain the express wr' .. 7. consent of the ?District to perform any

improvements on the site, unless expre

   
 
   

Maintenance.

13.1. Routine Repair, Cleaning and General nance- (So-located School Sites.
In cases of co- -location between the DIstrIct'and Charter School, District shall be
responsible for the routine repair, cleaning and generai maintenance of the
Premises and any furnishing or equipment provided to Charter School. For
purposes of the Agreement,? 'routine repair, cleaning and general maintenance?
shall mean the school facility component work performed on an annual basis
each year to keep facilities in proper operating condition. District shall also be

7 for ongoing Operations and maintenance of the facilities on the

Premises as defined' In California Code of Regulations, Title 5, section 11969 

The DistrI t__wshall only be obligated to perform routine repair, cleaning and

general may-Etenance on the Premises on an equivalent basis as that performed

at other comparable District school sites. Charter School will be responsible for

leitsfair share of routine repair, cleaning and general maintenance costs.

 

13.2. Deferred Mamtena'nce District shall be responsible for the major maintenance
of the Premises For purposes of the Agreement, "major maintenance" includes,
for example, the major repair or replacement of plumbing, heating, ventilation,
air conditioning, electrical, roofing, and floor systems, exterior and interior
painting, and any other items considered deferred maintenance under Education
Code section 17582. All other kinds of maintenance shall be considered routine
maintenance and shall also be the responsibility of District. The District shall only
be obligated to perform deferred maintenance on the Premises on an equivalent
basis as that performed at other comparable District school sites.

 

2020-21 Facilities Use Agreement Exhibits - SFUSD and KBAS . Page 8

 

14. Title to and Removal of Charter School's Improvements I Premises; Equipment
Requirements.

14.1. Charter School shall not construct or cause to be constructed on the Premises
any improvements (?Charter School's s?lmprovements Without express prior
written consent from the District. For District consent and approval, Charter
School's Improvements must be considered necessary to the operation of
Charter School?s educational program. District may withhold consent at its sole
discretion, however, such consent shall not be unreasonably withheld.

  
  
  
 
 
 

14.2. Charter School shall at its expense obtain all;
governmental approvals and permits, in
Environmental Quality Act 
authority including any Site(s), gr

permits or approvals, if applicabl?

icessary environmental and
'thout limitation the California

 
 
 
   

14.3. Any modi?cations to the Premises must be approvedin writing in advance by
District. Charter School?s contractor must be approved In advance by District.
All contractors and subcontractors of Charter School, if any, shall be duly
licensed in the State of California. Charter School shall be solely responsible for
maintaining the Premises and Charter School?s Improvements installed thereon
the Term of this Agreement, including any extensions, and for compliance

?'fplicable laws or ordinances, rules and regulations.

  
  
 
 

14.4 under all circu?r?stances, Charter School must seek and receive approval from

?3th Division of State Architect for any of Charter School?s Improvements.

 

14.5. not install any ovens, stoves, hot plates, toasters, or similar
items (not including microwave ovens) without the prior written consent of the

District.

 

14.6. Charter School shall at all times indemnify and hold District harmless from all
claims for labor or materials in connection with construction, repair, alteration,
or installation of structures or improvements within the Premises performed by
Charter School, and from the cost of defending against such claims, including
attorney?s fees. Charter School shall provide District with at least ten (10) days
written notice prior to commencement of any work which could give rise to a
mechanics? lien or stop payment notice. District has the right to enter upon the
Premises for the purpose of posting Notices of Non-responsibility. In the event a

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and ?was i Page 9

 

3354:

lien is imposed upon the Premises as a result of such construction, repair,
alteration, or installation, Charter School sha?li either:

14.6.1. Record a valid Release of Lien; or

14.6.2. Deposit suf?cient cash with the District to cover the amount of the claim
on the lien in questiOn and authorize payment to the extent of the
deposit to any subsequent judgment holder that may arise as a matter of
public record from litigation with regard to the lien-holder claim; or

 

14.6.3. Procure and record necessary bondst it"frees the Premises from the
claim of the lien from any action to foreclose the lien.

  
  
   
  
  
   
   
   

If Charter School fails to accompli
fifteen (15) days after the filinglo'
Agreement shall be in defau?it' a

.pemof these-three ?optional actions within
nt notice, the
all be subject to imme? 'ate termination.

14.7. On or before the expiration of this Ag 
any earlier termination of this Agreem? Charter School shall remove Charter
School's Improvements, at its sole expense :arter School shall repair any
damage to the School Site and/or the Premises caused by removal of Charter
School?s Improvements and restore the School SIte'and the Premises to good
condition, less ordinary wear and tear. In the event that Charter School fails to
timely remove Charter School?s Improvements, District, uponI ?fteen (15) days
written notice, may either (1) accept ownership of Charter School?s

provements with no cost to District, or (2) remove Charter School?s

ovements at Charter School?s sole expense. If the District chooses to accept

ownershi" of Charter School?s Improvements, Charter School shall execute any
necessary documents to effectuate the change In ownership of Charter School's

Improvements? If the District removes Charter School?s Improvements, Charter

:School shall pay all invoices for the removal of Charter School's Improvements

 

or within thirty 0) days after

 

   
 
  
  

 

 

responsible for ensurmg compliance with all applicable ?ngerprinting and criminal
background InvestIgatIon requirements described In California Education Code section
45125.1, which may be met under the ?ngerprinting provisions of Title 22 of the
California Code of Regulations and applicable provisions of the California Health and
Safety Code relevant to community care facility licensing (Health 8: Saf. Code 1500 et
seq.). Charter School shall provide written verification of compliance with the
fingerprinting and criminal background investigation requirements to District prior to
Charter School taking possession of the Premises and prior to conducting its educational
program on the Premises.

 

2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS Page 10

 

16.1. Charter School?s Default. The occurrence of any one of the following events 
shall be considered a default of the Agreement by Charter School:

. 16.1.1. The failure of the Charter School to utilize the Premises for the sole
purpose of operating a charter school or in compliance with the terms
and. conditions of this Agreement or District policies as set forth in
Section 1.5 above, which failure continues for thirty (30) days after
written notice thereof by. The District st notify the Charter School 30
days prior to considering this defau

   
  
 

 

 

16.1.2 The failure of Charter SchoolIItciE .. -pay the Pro Rata Share or other
I fees identi?ed herein when hereunder kwhich failure continues for
fifteen (15) days after wri notice thereof bFDIstrict to Charter School;
provided, however, that yInotice shall be In lieu and not in addition
to, any notice required under .Code of.Civil ProceduF I?ection 1161, and
the three (3) day cure period-sh ncurrently wit .-_aIIr_iy cu re period
required under California law, inc dif'ig Code of Civil Procedure section
1161;

 

 
    

 

 

16.1.3 The revocation or non- -renewal of the Ch rter School? 5 charter, upon
exhaustion of any administrative, non-JudICIaI appeals as provided under
Education Code sections 47605 or 47607;

. 16.1.4. The failure of Charter School to observe or perform any of its other
covenants or obligations hereunder, which failure continues for thirty
30) ,days after written notice thereof by District to Charter School (unless

    
 

 

 
   
 

same to completion, provided, however, in no event shall the default
ontinue for more than ninety (90) days after written notice thereof by

I I Procedure section 1161, and the thirty (30) day cure period shall run
. concurrently with any cure period required under California law,
including Code of Civil Procedure section 1161;

16.1.5. Charter School's abandonment of the Premises for a period of ?fteen (15)
consecutive days (with or without the payment of fees), it being agreed
that the fact that any of Charter School's property remains in the
Premises shall not be evidence that Charter School has not vacated or

 

2026-21 Facilities Use Agreement - Exhibits - srusb and KBAS Page L111- 

 

 

abandoned the Premises; provided, however, any normal holidays or
vacation days shall not constitute abandonment of the Premises;

16.1.6. The making by Charter School of any general assignment or general
arrangement for the benefit of creditors; the filing by or against Charter
School or any guarantor of the Agreement of a petition to have Charter
School or any guarantor of the Agreement adjudged a bankrupt or a
petition for reorganization or arrangement under any law relating to
bankruptcy (unless, in the case of a petition filed against Charter School
or any guarantor of the Agreement, th is dismissed within sixty

(60) days); the appointment of a trust receiver to take possession of

substantially all of the Charters ts located at the Premises, or

nt, where possession is not

 

 
   
  
     
    
    
 

 

 

  

16.1.7. The making or furnishing by Cha CW1001 of any warranty,
representation or statement to DIStl'fj connection with the
Agreement, or any other agreement high Charter School and District

are parties, which is false or misleading In a ,material respect .when
made or furnished; or

 
 

16.1.8. The assignment, subletting or other transfer, or any attempted
assignment, subletting or other transfer, of the Agreement.

  
 
    

 

of any default by Charter School, District shall have the right, in
addition ll other rights available to District under the Agreement or now or
ater permittegby law or equity, to terminate the Agreement by providing 

   
   

The rights and remedies of District set forth herein are not exclusive, and District
may exercise any other right or remedy now or later available to it under the
Agreement, at law or in equityr

16.2. District?s Default. District shall not be in default of any of its obligations
hereunder, unless District fails to perform such obligations within a reasonable
time, but in no event less than thirty (30) days, after written notice by Charter
School to District specifying that District has failed to perform its obligations;

 

21120-21 Facilities Use Agreement? Exhibits- srusb and ?ans Page 12 

 

 

 

:7 Indemni?cation.

17.provided, however, that if the nature of District's default requires more than
thirty (30) days to cure, District shall not be in default if District commences a
cure within thirty (30) days and thereafter diligently prosecutes the same to
completion.

16.2.1. Charter School shall have no rights as a result of any default by District
until Charter School gives thirty (30) days? notice to District specifying the
nature of the default. District shall then have the right to cure the
default, and District shall not be deemed in default if it cures the default
within thirty (30) days after receipt oft otice of the default, or within
a longer period of time as may reaso' be necessary to cure the
default.

  
  
   
   
  
  
   

theftharter School may exercise
0 it under the

16.2.2. If District defaults under this agreement
any other right or remed

To the fullest extent permitted by law, Chart ghool (?Indemnifying Party")
shall indemnify, defend release and protect DIstrIct, its affiliates, successors and
assigns, and its of?cers, directors, shareholders, board members, other
members, partners, agents and employees ("indemnified Party? or ?Indemni?ed
Parties?) and hold the Indemnified Parties harmless from any and all losses,

 

costs, damages, expenses and liabilities (including without limitation court costs

reasonable attorneys? fees) incurred in connection with or arising from any
In __the use or occupancy by Charter School of the Premises (including
without IImItatIon the operation by Charter School of the School from the

 

 

Premises), or (II) In connection with the operations by Charter School at the
Premises, IncludIng without limiting the generality of the foregoing:

 

__ny defa Charter School' In the observance or performance of any of
the terms, covenants or conditions of the Agreement on Charter School's
observed or performed;

 

17.1.2. The use or occupancy of the Premises by Charter School or any person
claiming by, through or under Charter School or Charter School?s
employees, agents, contractors, licensees, directors, officers, partners,
trustees, visitors or invitees, or any such person in, on or about the
Premises either prior to, during, or after the expiration of the Term of the
Agreement (singularly, "Liability"; collectively, "Liabilities?); and

 

2020-21 Facilities Use Agreement Exhibits 4 sruso and K845 Page 13

 

 

{Museum mauw+17.1.3. Any claim by a third party that District is responsible for any actions by
Charter School in connection with any use or occupancy of the Premises
or in any way related to this Agreement.

 

17.2. To the fullest extent permitted by law, District (?Indemnifying Party?) shall
indemnify, defend, release and protect Charter School, its affiliates, successors
and assigns, and its of?cers, directors, shareholders, board members, other
members, partners, agents and employees (?Indemni?ed Party? or ?Indemni?ed
Parties?) and hold the Indemnif ed Parties harmless from any and. all losses,

  
 
   
 
  
 

and reasonable attorneys? fees) incurred'
cause in the use or occupancy by Cha

17.2.1. Any default by District in 
terms, covenants or conditions
observed or performed;

 

17.2.2. The use or occupancy of the Premises District or any person claiming
by, through or under District or District? 5 employees, agents, contractors,
licensees, directors, officers, partners, trustees, visitors or invitees, or any 

such person in, on or about the Premises either prior to, during, or after i

the expiration of the Term of the Agreement (singularly, "Liability?; .

collectively, ?Liabilities?); and 

I


  
 
  

n'y claim by a third party that Charter School' Is responsible for any
actions by District In connection with any use or occupancy of the
Premise or in any way related to this Agreement.

 

17.3. The revisions of his shall survive the expiration or sooner termination of this

I
17.4. An lndem ifying Party shall, upon request by an indemnified Parties, undertake i
the defense 3f any Liabilities threatened or asserted against such Indemni?ed i

Party on the following terms and conditions:

17.4.1. Notice of the assumption of such defense (?Notice") shall be delivered to
such Indemni?ed Party within ?fteen (15) days after transmittal by the 
Indemni?ed Party of a request that Indemnifying Party defend such i
Liability; 1

 

2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS Page 14 i

. 

 

 

 

17.5.



18.1.

18.2.

18.3.

   
 

Iris jance.

 

17.4.2. Such defense shall be conducted by reputable attorneys retained by
Indemnifying Party and approved by the other Party, and with the prior
written approval of all the Indemni?ed Parties against whom such
Liability has been asserted or threatened, which approval shall not be
unreasonably withheld, delayed or conditioned, all at Indemnifying
Party?s sole cost and expense. In the event the interests of Indemnifying
Party and any such Indemnified Parties in the action con?ict in such
manner and to such an extent as to require, consistent with applicable
standards of professional responsibility, the retention of separate counsel
for any of the Indemnified Parties' In ,2in the action, Indemnifying
Party shall pay all fees and costs cha
chosen by such Indemni?ed Part

  
   
  
  
 

17.4.3. Indemnifying PamI agre 

commenced (whether 0
of the directors, officers,

Charter School at the Premises. District and Charter-School hereby agree and
acknowledge that the relationship between District and Charter School for
purposes of this Agreement is solely a landlord/tenant relationship and not a
principal/agent relationship or any other relationship. Charter School is acting
behalf? In Operating from the Premises any school thereon (or any
oseIs) thereupon) and' IS not operating as an agent of District.

  
 

I'?s??rance is to be Iaced with insurers with a current A. M. Best Insurance rating
?than inus: VII and subject to the approval of District. Charter
School shall furnish District with the original certificates and amendatory
endorseme ffecting coverage required.

  
 

Charter School acknowledges that the insurance to be maintained by District on
the School Site will not insure any of Charter School's property or improvements
made by Charter School.

Charter School shall, at Charter School's expense, obtain and keep in force during
the term of this Agreement:

 

2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS Page 15

incurred by separate counsel

 

 

 

 

 
 
   
   

18.3.1. Commercial General Liability Insurance with limits not less than
$5,000,000 (-five million dollars) per occurrence and $10,000,000 (ten
million dolgars) in the aggregate for Bodily Injury and Property Damage,
including coverage for claims of sexual abuse and molestation.

18.3.2. Automobile LiabiiIity Insurance with limits not less than $5,000,000 (?ve
million dollars) each occurrence Combined Single Limit for Bodily Injury
and Property Damage, including Owned, Not-Owned and Hired
automobiles.

  
  
  
   
   
  
 
  
    
  
 

Employer's Liability limits not
ch accident.

18-3.3. Workers' Compensation lnsurance,.?
less than 000, 000 (one milli

  

18.3.4. Directors and Of?cials Erro
not less than 000 ,00033{t
aggregate.

Insurance with limits

And Omissions
occurrence and in the

 
 

employee dish
of no less than $1,000,000 (one
million dollars) per occurrence. Suc yerage should be primary and
noncontributory to any other coveragI ailable to the District with
respect to ciaims arising out of the Charte Ichool?s performance under
this agreement.

18.3.5. Crime coveragejfor losses resu
the District as a loss payee withI

18.3.6. The Charter School shall maintain unemployment insurance.

nce carrier, deductibles and/or self-insured retentions shall be
by District, which approyal shall not be unreasonably withheld. Prior

District'?by the Charter School;

 

18.4.2. State?the coverage is primary and any coverage by District is in excess
thereto;

18.4.3. Contain a cross liability endorsement; and
18.4.4. Include a separate endorsement naming District as an additional insured.

At least thirty (30) days prior to the expiration of each certificate, and every
subsequent certificate, Charter School shall deliver to District a new certificate of

 

I 2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS Page 167'

 



insurance consistent with all of the terms and conditions required in connection
with the original certificate of insurance as described herein. Charter School
understands and agrees that the District may withhold payment for services
performed for any violations of the insurance provisions of this Agreement.

 

18.5. Additional Requirements: All policies shall be written on an occurrence basis,
except as otherwise provided for in this subsection. Coverage may be provided
on a claims-made form, provided that the following requirements are met:

  
  
 

18.5.1. The retroactive coverage date shall be n, and shall commence
before the beginning of any Charter. School operations and/or
performance under this Agreeme

 

18.5.2. Charter School shall maint he required cowerage throughout the term
of this Agreement and, WIth?out lapse, and provide Certi?cates of
insurance to the DistrI request for a (3) years
beyond the expiration or termInatIon of this Agreement such that should
occurrences during the Agreem? give rise to clalms made after
expiration or termination of the ??ment, such claims shall be covered.

 

     
   
 

18.5.3. If coverage is cancelled or non-renew ,and not replaced with another

claims-made form with a retroactive date to the beginning of any
Charter School operations and/or performance under this Agreement,
Charter School shall purchase an extended reporting period for a
minimum of three years after the expiration or termination of the

.. .7 ., Agreement.

If requested by the District 3 copy of the policy? 5 claims reporting
requurement or any other policy documents shall be provided to the
DIstrIct

    
   
    
  

all be made or permitted to be made of the Premises, nor acts

. done, that,? ill increase the existing rate of insurance upon the building
buildi of the Premises or cause the cancellation of any insurance
"polIcy, coverIng same, or any part thereof, nor shall Charter School sell,
or permIt to be kept, used, or sold? In or about the Premises any article
that may be prohibited by the standard form of i? re insurance policies.
Charter School shall, at its sole cost and expense, comply with any and all
requirements pertaining to the Premises, of any insurance organization
or company, necessary for the maintenance of reasonable fire and
casualty insurance, covering the Premises? buildings, or appurtenances.
Fire and casualty insurance premium increases to District due to
equipment and/or activities of Charter School shall be charged to Charter
School.

   
 

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS . Page 17

 

 



18.5.6.1.Name as Additional Insured the San Francisco Uni?ed School
District, its Board, officers and employees.

18.5.6.2.That such policy is primary and non-contributory to any other
insurance available to the Additional insured, with respect to any
claims arising out of this Agreement and that such policies apply
I separately to each insured against who claim is made or suit is
i brought.




18.5.6. Comprehensive General Liability policy must provide the following:
i
I




  
   
  
  

dvance written notice to the

18.6. The Charter School shall provide thirty_(3 .. 
Fin coverage to the following

District of cancellation, non-renewal 0
office:

 

 

Contracts Office 
135 Van Ness Street,
San Francisco, CA 94102 

 

18.6.1. Should any of the required' InsuranE? be provided under a form of
coverage that includes a general annual aggregate limit or provides that
claims investigation or legal defense costs aregmcluded in such general
annual aggregate limit, such annual aggregati?'limit shall be double the
occurrence or claims limits speci?ed above.

. The insurance requirements under this Agreement shall be the greater of
(1) the minimum limits and coverage specif ed in this Agreement, or (2)
the ?broader coverage and maximum limits of coverage of any insurance

'4 7 or proceeds available to the Named insured. lt' IS agreed that these
Insurance requirements shall not in any way act to reduce coverage that
is broaderior that includes higher limits. No representation is made that
the minIm insurance requirements stated hereinabove are suf?cient

 

     
 
 
   

 

 

 

18.7.
i to each insurance policy maintained under this Agreement. When required by
an insurer, or if a policy condition does not permit Charter School to enter into a
pre-loss agreement to waive subrogation without an endorsement, then Charter
i School agrees to notify insurer and obtain such endorsement. This requirement
shall'not apply to any policy which includes a condition expressly prohibiting
waiver of subrogation by the insured or which voids coverage should the Charter
School enter into a waiver of subrogation on a pre-Ioss basis. Charter School
shall notify District of any such express prohibition or condition in any
applicable policy which may void coverage.

 

[m 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS Page 18

 

 

3.9;

18.8. Should any required insurance lapse during the term of this Agreement, requests
for payments originating after such lapse shall not be processed until the District
receives satisfactory evidence of reinstated coverage as required by this
Agreement, effective as of the lapse date. If insurance is not reinstated, the
District may, at its sole option, terminate this Agreement effective on the date of
such lapse of insurance.

18.9. Approval of the" Insurance by the District shall not relieve or decrease the liability
of Charter School hereunder. -

  
 

Signs. Charter School may, at Charter School' is cost, have the right to place an
onsite sign on the Premises to advertise Charter School?s educational program, provided

approval and consent shall not be unreasonably withheld. Any signs shall be at Charter
School's cost and' In compliance with the local ordinances pertaInIng thereto. In
connection with the placement of any of Charter School?s signs, DIstrIct agrees to

 

necessary. Throughout the Term of the Agree'm Charter School shall at its sole cost
and expense, maintain any of its signage and all appurtenances In good condition and
repair At the termination of the Agreement, Charter School shall remove any signs
which it has placed on the Premises and School Site, and shall repair any damage caused
by the installation or removal of Charter School?s signs. 

Notice. Any notice required or permitted to be given under the Agreement shall be
deemed to have been given, served and received if given in writing and personally

 
 
 

fac5ImIle transmIssmn, addressed as follows:

DISTRICT
San FranCIsco UnIerd School District

555 Franklin Street Floor

San Francisco, CA 94102
ATTN: Michael 
Director

CHARTER SCHOOL:

KIPP Bay Area Schools
1000 Broadway, Suite 460
Oakland, CA 94607

ATTN: Milan Ninkovic

 

2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS I Page. 19

 

i 25.

21.

22.

23.

24.

26.

Any notice personally given or sent by facsimile transmission shall be effective upon
receipt. Any notice sent by overnight delivery service shall be effective the business day
next following delivery thereof to the overnight delivery service. Any notice given by
certi?ed or registered mail shall be effective three (3) days after deposit in the United
States mail.

. Subcontract, Assignment and Sublease. Charter School shall not have the right,

voluntarily or involuntarily, to assign, license, transfer or encumber the Agreement or
sublet all or part of the Premises. Any purported tran hall be void and shall at
District? 5 election, constitute a default. No consent t11 ransfer shall constitute a waiver
of the provisions of this Section.

    
  
 
 
 

Joint and Several Liability. If Charter person or entity, each
person or entity shall be jointly and sev?r ly liable for the obligations of Charter School

hereunder.

Independent Contractor Status. The Agreemez
entities and is not intended to and shall not be ..



oral or written. The Agreement may be amended or modi?ed only by a written
instrument executed by both Parties.

 

26.1. Charter Sc 5 all at Charter School?s expense comply with all requirements of
all governmental authorities, in force either now or in the future, in its use of the
Premiese, and shall faithfully observe in Charter School?s use of the Premises all
laws, regulations and ordinances of these authorities, in force either now or in
the future including, without limitation, all applicable federal, state and local
laws, regulations, and ordinances pertaining to air and water quality, hazardous
material, waste disposal, air emission and other environmental matters
(including the California Environmental Quality Act and its
implementing regulations in Charter School's use of the Premises), and all

 

2020-21 Facilities Use Agreement - Exhibits - SFUSD and KBAS Page 20

District policies, rules and regulations as set forth in this Agreement
("Environmental Laws?).

26.2. The judgment of a court of competent jurisdiction, or Charter School?s admission
in an action or a proceeding against Charter School, whether District be a party
to it or not, that Charter School has violated any law or regulation or ordinance
in Charter School?s use of the Premises shall be considered conclusive evidence
of that fact as between District and Charter School. If Charter School fails to
comply with any law, regulation or ordinance District reserves the right to take
necessary remedial measures at Charter xpense, for which Charter
School agrees to reimburse District on dema

   
   
 

  

- 7

rdous Material to be
or disposed or about the Premises
and any improvements by Chart chool or its agents mployees, contractors,
subtenants, or invitees, except mited quantities of sta rd off ce,
classroom and janitorial supplies (which shall b9?PS?d and st Jed In strict
compliance with Environmental Lavir's). r-SChool shall comply with all
Environmental Laws In its use of the Pr?? As used herein, the term
"Hazardous Materials" means any hazardou substance, material or
waste which is or becomes regulated by any lo governmental authority, the
State of California or the United States Government The term "Hazardous
Materials" includes, without limitation, petroleum products, asbestos, PCB's, and
any material or substance which is de?ned as hazardous or extremely
hazardous pursuant to Title 22 of the California Code of Regulations, Division 4.5,
hapter 11, Article 4, section 66261.30 et seq. (ii) defined as a "hazardous waste"
pursuant to section (14) of the federal Resource Conservation and Recovery Act,
42 901 et. seq. (42 U.S.C. 6903), or defined as a "hazardous
substance! i'iIrsuant to section 10 of the Comprehensive Environmental
Ensation and Liability Act, 42 .s. c. 9601 et. seq. (42 u. s. c.

i 26.3. Charter School shall not cause or permit; 
generated, brought onto, used, 5

     
  
 

 

 

   
   
  
  

 

    
         

statute law, ordinance, or regulation of any governmental body or agency
(Including the U. SE Environmental Protection Agency, the California Regional

 

which regulaw the use, storage, release or disposal of any Hazardous Material.

25.4. Notice of Hazardous Substance. Charter School will notify District in
writing if Charter School has or acquires notice or knowledge that any Hazardous

Substance has been or is threatened to be, released, discharged, disposed of,

i transported, or stored on, in, or under or from the Premises or School Site in

violation of Environmental Laws. Charter School shall provide copies to

District of all written assessments, complaints, claims, citations, demands, fines,

inquiries, reports, violations or notices relating to the conditions of the Premises

or compliance with Environmental Laws. Charter School shall supply

i 2020-21 Facilities Use Agreement Exhibits - SFUSD and KBAS Page 21

27.

28.

29.

30.

 

District with copies of all notices, reports, correspondence, and submissions
made by Charter School to the United States Environmental Protection Agency,
the United States chpational Safety and Health Administration and any other
local, state or federal authority that requires submission of any information
concerning environmental matters or Hazardous Substances pursuant to
Environmental Laws. Charter School shall notify District of any liens
threatened or attached against the Premises pursuant to any Environmental
Laws.

26.5. Inspection. District and District?s agents, servants; and employees including,
without limitation, legal counsel and enviroi fental consultants and engineers
retained by District, may (but without theloblIgatIon or duty to do so), at any
time and from time to time, on not less than ten. (10) business days' notice to
Charter School (except' In the event of an emergency, In which case, no notice

  

 

 

26.6.
this Agreement shall include any and all Claims arising from any breach of
Charter School?s covenants under this Section. 

Attorneys' Fees. If either Party files any action or brings any proceedings against the
other arIsIng out of the Agreement, the prevailing party shall be entitled to recover, in
addItIOn to its costs of suit and damages, reasonable attorneys' fees to be fixed by the
'rt .The party? shall be the Party who is entitled to recover its costs of
counted In calculatIng the amount of a judgment for purposes of determining whether a
Party? Is entitled to its costs or attorneys' fees.

 

or any subsequent breach of the same or any other term, covenant, or condition herein
contained.

Successors and Assigns. The Agreement shall be binding upon and inure to the benefit
of the Parties hereto and their respective heirs, legal representatives, successors, and
assigns.

Counterparts. The Agreement and all amendments and supplements to it may be
executed in counterparts, and all counterparts together shall be construed as one
document.

 

2020-21 Facilities Use Agreement - Exhibits SFUSD and KBAS Page 22

31.

as.?

 

Captions. The captions contained in the Agreement are for convenience only and shall
not in any way affect the meaning or interpretation thereof nor serve as evidence of the
interpretation thereof, or of the intention of the Parties hereto.

Severability. Should any provision of the Agreement be determined to be invalid, illegal
or unenforceable in any respect, such provision shall be severed and the remaining
provisions shall continue as valid, legal and enforceable.

Incorporation of Recitals and Exhibits. The Recitals and?each Exhibit attached hereto
are hereby incorporated herein by reference.

 

 

Authorization to Sign Agreement. Each individual executing the Agreement on behalf

 

Agreement and that the Agreement Is binding upon that Party Iniia cordance with its
terms. . .

   

 

 

2020-21 Facilities Use Agreement Exhibits SFUSD and KBAS Page 23

ACCEPTED AND AGREED on the date indicated below:
SAN FRANCISCO UNIFIED SCHOOL DISTRICT
By: - Date:

Myong Leigh
Deputy Superintendent, Policy and Operations

 

By:
Michael Davis
Director, Charter Schools

 

 

APPROVED AS TO FORM:

By:
Tamera Wong
Senior Deputy General Counsel

 

 

 

KIPP BAY AREA SCHOOLS

By: Date
Beth Sutkus Thompson
CEO 

 

  
  

By: Date

 

 

Milan'Ninlgovic
Directorbszeal Estate

 

 

 

 

2020-21 Facilities Use Agreement Exhibits - SFUSD and KBAS Page 24

Exhibit 
DESCRIPTION OF PREMISES AND SITE

The Premises that are being allocated to Charter School shall consist of approximately
square feet of space at the Treasure Island Elementary campus, located at 13th
Street at Avenue, San Francisco, California.

1. Exclusive Use of Certain Facilities. The Charter School shall have exclusive use of the
following facilities of the School Site: ten classrooms, offices, GIrls and Boys Restrooms, storage
rooms, and outdoor Play areas. -

  
 

2. Shared Use of Certain Facilities Pursuant to sharing, agree negotiated between the
with the Charter School, the Charter School will share staff restrooms, multi purpose room,
and Parking areas. -

   

 

 

2020-21 Facilities Use Agreement Exhibits - SFUSD and KBAS Page 2-5-

EXHIBIT 

 

 

VIA EMAIL TO 
February 27, 2020

Michael Davis

Director, Policy Planning and Charter Schools
San Francisco Uni?ed School District

555 Franklin Street, Third Floor

San Francisco, CA 94102

RE: Response to Proposition 39 Preliminary Proposal (2020-21)
Dear Mr. Davis:

KIPP Bayview Elementary received the San Francisco Uni?ed School District?s
(?District?) January 3 2020 preliminary proposal of Proposition 39 facilities for the 2020?21 school
year. We now respond pursuant to Section 11969.9(g) of the Proposition 39 regulations to express our
concerns with the proposal and to present a counter-proposal.

We appreciate the District?s concurrence with our projected in?district ADA of 1 15.6, and the
District?s determination that KIPP is entitled to the exclusive use of ten (10) classrooms, girls and boys
restrooms, office space, and outdoor play and parking areas based upon the agreed-upon ADA. We
understand the District will also allocate KIPP shared use of staff restrooms and multipurpose room. We
accept the District?s allocation in this regard.

We are surprised and deeply concerned, however, with the District?s inexplicable proposal to
relocate KIPP to the Treasure Island Elementary campus. The relocation would be highly disruptive to
our families and the roots we have developed in Bayview, and is inconsistent with the mandate of
Proposition 39. The logistics of commuting to and from Treasure Island from Bayview?Hunters Point for
the school day are unreasonably daunting, to say the least. As stated in our facilities request, we request
to remain at the Malcolm Academy campus where KIPP has been located since opening the school in
2018-19. We therefore submit a counter-proposal that the District allocate us the ten (10) classrooms and
other space identi?ed in your preliminary proposal that we are entitled to at the Malcolm site so that we
can continue to serve our students in the Bayview?Hunters Point community.

We thank the District for its review of our facilities request, and its consideration of our concerns
and counter-proposals in this letter. We look forward to working together to develop a ?nal offer that
addresses these concerns and counter-proposal, and is consistent with Proposition 39 in time for your
issuance of the ?nal noti?cation of facilities by April 1, 2020.

Please contact me if you have any questions, and we look forward to your reply.
Sincerely,

Milan Ninkovic

Director of Facilities
KIPP Bay Area Public Schools

711 11.1-1 11111111111111] .. -i

 

 

EXHIBIT 

 . 

grip?

  

Michael Davis, Director
Policy Planning and Charter Schools

SFUS I 55?? E?mail: davism@sfusd.edu
PUBUC SCHOOLS (415) 241-6121

 

 

San Francisco Unified School District 0 555 Franklin Street, Third Floor 0 San Francisco, California 94102

 

April 1, 2020
By Email to milan.ninkovic@kinnbavarea.org

Milan Ninkovic

Bay Area Schools
1000 Broadway Suite 460
Oakland, CA 94607

Re: Final Notification of Facilities to be Allocated Under Proposition 39

Dear Mr. Ninkovic:

This letter constitutes Final Notification of the Proposition 39 facilities offer by the San Francisco Unified
School District (?District?) to Bayview Elementary School (?Charter School) for facilities for the
2020-21 school year. 

I. Introduction

Education Code section 47614 (?Prop 39?) and its implementing regulations (Cal. Code Regs, tit. 5, 
11969.1 et seq., "Prop 39 Regulations?) require a school district, in response to a request for facilities, to
prepare in writing, on or before April 1 of the preceding school year, a final notification of the space to
be offered to the charter school (Cal. Code Regs, tit. 5, The District has accordingly
prepared this final notification in compliance with the Prop 39 Regulations.

II. Final Noti?cation Requirements

Section 11969.9, subdivision of Title 5 of the California Code of Regulations sets forth several
requirements to be addressed in the District?s final notification, as discussed in more detail below.

A. Response to Charter School's Concerns (Charter School's February 27, 2020 Response to
District's Preliminary Offer) District Response Underlined

Location of Offered Space

The Charter School, in its February 27 response to the District's preliminary offer, stated; "The logistics
of commuting to and from Treasure Island from Bayview-Hunter?s Point for the school day are
unreasonably daunting, to say the least. As stated in our facilities request, we request to remain at the
Malcolm campus where has been located since opening the school in 2018-19. We therefore
submit a counter-proposal that the District allocate us the ten (10) classrooms and other space
identified in your preliminary proposal that we are entitled to at the Malcolm site so that we can
continue to serve our students in the Bayview-Hunter?s Point community.

 



Milan Ninkovic
April 1, 2020
Page 2 of 3

This Final Notification from the District provides for continued allocation of the six 16) classrooms at

Malcolm Academy currently used by the Charter School, and installation of interior walls to provide

three j3l private counseling spaces.

B. Speci?c Location of Space

For the 2020-2021 school year, the District proposes to continue to locate the Charter School at the
Malcolm Academy facilities located at 350 Harbor Road, San Francisco in co-location with the
District?s Malcolm Academy elementary school.

C. Description of Space to be Allocated to Charter School
The District offers the Charter School use of the following facilities located at the Site:
Exclusive Use

The Charter School shall have exclusive use ofthe following facilities located at the Site: six (6)
classrooms and office space.

Shared Use

The Charter School shall have shared use of the following facilities located at the Site: girls, boys and
staff restrooms, multipurpose room, cafeteria, kitchen and outdoor play and parking areas. Subject to
the foregoing, the administrators of the charter school and all other programs/schools operating at the
site shall meet and review their respective school year schedules and will work together in good faith to
eliminate or minimize scheduling conflicts.

D. Conditions Pertaining to the Space

All conditions pertaining to the Charter School?s use ofthe aforementioned facility, including installation
of interior walls, will be negotiated among the District and the Charter School in the Facilities Use
Agreement.

E. Projections of ln-District Classroom ADA upon which Proposal is Based

The Prop 39 Regulations require the District to set forth the projections of in-District classroom average
daily attendance upon which the District's preliminary proposal is' based. The District has
determined that the ADA projections set forth in the Charter School?s November 1, 2019 request are
reasonable. Therefore, this preliminary proposal is based on the 115.6 units of in?District ADA that the
Charter School has projected for the 2020-21 school year.

F. Projected Pro Rata Share Amount

In accordance with section (4) of 5 CCR 11969.9 this Final Notification includes the projected pro
rata share amount for 2020-21, and the method used to determine this fee. For the 2020-21 school
year, the District?s full pro rata share is $3.89 per square foot.

Pursuant to the provisions of 5 CCR 11969.7, the District used actual costs from fiscal year 2018-19 to
determine the District?s total unrestricted general fund costs for school facilities and divided that
amount by the total school facility square footage of the District. The total unrestricted general fund



. 

Milan Ninkovic
April 1, 2020
Page 3 of 3

costs included those unrestricted general funds applied to deferred maintenance, and furnishing and
equipment replacement, along with debt service costs. Utility costs were excluded, as charter schools
are charged directly for usage. Costs for furnishings and services not provided by the District to the
Charter School were also excluded. Using this methodology, the District determined a pro rata share
amount of $3.89 per square foot.

In addition, please be advised that the District reserves the right to assess and collect from the Charter
School, separate from the pro rata share charge, the actual costs attributable to any over-allocation to
the Charter School of facilities for the 2020-21 school year.

G. Payment Schedule for Pro Rata Share Amount

The District will charge the Charter School the pro rata share amount on a quarterly basis, beginning
with September 15, 2020. Additional terms ofthe payment schedule will be set forth in the Facilities
Use Agreement.

Ill. Conclusion

The Prop 39 Regulations require that the Charter School respond in writing, on or before May 1, 2020, to
this Final Notification. The District is committed to further negotiating, in good faith, the provision of
reasonably equivalent facilities to support the Charter School?s educational program and instructional
calendar. Please contact me at (415) 241-6121 to continue discussions concerning the Charter School?s
facilities request.

Sincerely,
?b?ae/ c? 57am:

Michael Davis
Director, Policy Planning and Charter Schools

cc: Myong Leigh, SFUSD Deputy Superintendent

 

 

?he, 

EXHIBIT 

 

 

VIA 

April 28. 2620'

its/lichael Davis
Director, Policy Planning and Charter Schools.
Saanrancisco Uni?ed School 
555 Franklin Street, Third Floor

San Francisco, 94102

RE: Acceptance Under Protest omeposition39 Facilities .Natz?tatibn - (20203-21)

Dear Mr. Davis:

 

KIPP BiayView San Francisco Uni?edSchool Distrietfsz
(?District?). April "2020 noti?cation of Propositim 39 facilities. for jibe 2020*21 schoolyear.
We submit this response pursuant to Sec?ion 11969.96) of the Proposition-39 Regulationsto
notify?the DisiIict-that- KIPP-intendsto o'ecupy the; facilities offered at? the Malco1m site.
However, We a?ocept?the fa?c" "ties under protest-while-we: continue to discuss With the Distriet?re;
n?mber-Of claSSI?oom?s'that is entitled "to underl?ropositioni39?. Weh'oPe'to reach. a
resolutionias 230011 as possible? -

The District?s January 31, 2020 .ifaoili?essproposal provided the District?s determination
that KIPP is entitled to ten classrooms and other space based. on our in?districf'ADA of 
We accepted that determinatiOn and 'sube?t?ted a-eonnter??proposal thatthe'locatfionremain at the
Malcolm where we requeSteciJfacili?es and KIPPfhas?beicn located- since opening the
school inf-201 8-119. We-appreeiate that the DistricliSiApril 1 noti?cation is fer the'iMalmlm 
campus. the .Distrief?'s April 1% .fmal, proposal manplicably and improperly reduces the.
number of .icl'ass-rooms; allocated- to.KIPP%by offering only six- classrooms.

proposal. violates the. Voter mandati? *of Proposition 39 and would
signi?cantly and-detrimental)! irnpaetIQlPP?s programs. KIPP- needsa minimum 
classrooms as: teaching stations-next year: one class, one class, two let-grade classes,
"two End-grade classes, and one class. Today, we have a?toial of merely six classrooms
at'Malcolm for all of'iwirhich 'are?teacl?ng 'With only "six solassroom?s
again KJP-P wonld lack two instructional classrooms, amental health Counseling
room and'l'principalis of?ce. The Di?stric?t?s proposal does, not-accommodate. KIP?P?is'in?district
ADA in conditions that are reasonably eQuiValent?to conditions at District?operatedsphools. and
does not.proVide KIPP commensurateuspecialized teaching space. it wenld force KIPP to pack.
even more pupils into the same space. 11115wa Which con?nues to :depriVeKJPP?s Sfude'nts: and,
families of the. private meeting: space that is, necessary for ihe mentalhealthserViCes. pull-out.
services and additional supports that. are part of program.

 

- Milan Nmkomc I

 

Wo are accepting under protest on
District that W111- allocate KIPP su?i?cient
students and the community In the interi
Distfiot? noti?cailon but under protest.

    

Sincerely,


KIPP Bay Area Pnblifc- schools

th the hope we can reach a workable solution with the:
classrooms so the school can meet the needs of its
am; we intend to Occupy the; six classrooms proposed :11

 

 

0 
SUMMONS 
(CITACION JUDICIAL)
NOTICE TO RESPONDENTS:
(A VISO AL DEMANDADO):
SAN FRANCISCO UNIFIED SCHOOL DISTRICT, a California school district;
BOARD OF EDUCATION OF THE SAN FRANCISCO UNIFIED SCHOOL
and VINCENT MATTHEWS, in his capacity as Superintendent
YOU ARE BEING SUED BY PETITIONER:
(LO ESTA DEMANDANDO EL DEMANDANTE):
KIPP BAY AREA SCHOOLS, a California nonpro?t public bene?t corporation
operating a California public charter school

 

 

 

You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.

You have 30 CALENDAR DAYS after this summons and legal papers are served on you to ?le a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can ?nd these court forms and more information at the California Courts
Online Self-Help Center your county law library, or the courthouse nearest you. If you cannot pay the ?ling fee, ask
the court clerk for a fee waiver form. If you do not ?le your response on time, you may lose the case by default, and your wages. money, and property
may be taken without further warning from the court.

There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonpro?t legal services program. You can locate
these nonpro?t groups at the California Legal Services Web site the California Courts Online Self-Help Center
or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.

Lo han demandado. Si no responde dentro de 30 dias, Ia corte puede decidir en su contra sin escuchar su versidn. Lea la informacidn a
continuacion.

Tiene 30 DIAS DE CALENDARIO despu?s de que le entreguen esta citaci?n papeles legales para presenter una respuesta por escrito en esta
corte hacer que se entregue una copia al demandante. Una carta a una llamada telef?nica no lo protegen. Su respuesta por escn'to tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar esfos form ulan'os de la corte mas infonnacion en el Centro de A yuda de las Cortes de California en la
biblioteca de ieyes de su condado 0 en la corte que lo quede mas cerca. Si no puede pagar Ia cuota de presentacion, pida al secretario de la corte
que le d? un fonnulario de exencion de page de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento la corte le
podra quitar su sueldo, dinero bienes sin mas advertencia.

Hay otros requisitos legales. Es recomendabie que Ilame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remision a abogados. Si no puede pagara un abogado, es posible que sample can ios requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de Iucro. Puede encontrar estos grupos sin ?nes de lucro en el sitio web de Califomia Legal Services,
en 6! Centro de Ayuda de las Cortes de California, (vwvw.sucorte.ca.gov) poni?ndose en contacto con la corte of
coiegio de abogados locales. AVISO: Por fey, la corte tiene derecho a reclamar las cuotas los costos exentos por imponer un gravamen sobre
cualquier recuperacion de $10,000 :5 mas de valor recibida mediante un acuerdo a una concesidn de arbitraje en un caso de derecho civil. Tiene qUe
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.

The name and address of the court is: CASE 

(El nombre direccion de la corte as): a 0
Superior Court of California - County of San Francisco [Fe400 McAllister Street

San Francisco, CA 94102-4515

Civic Center Courthouse

 

 

 

 

The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:

(El nombre, la direccion el namero de tel?fono del abogado del demandante, 0 del demandante que no tiene abogado, es):
John C. Lemmo (190885) Kevin M. Davis (259693) Jacob Kozaczuk (294734) (619) 238-1900

Procopio, Cory, Hargreaves Savitch LLP 
525 Street, SW 'ego, CA 92101 
DATE: 3 Win? Clerk, by
(Fecha) (Secretario)

(For proof of service of this summons, use Proof of Service of Summons (form P??g?dl 
(Para prueba de entrega de esta citation use of fonnulario Proof of Service of Summons (POS- 
NOTICE TO THE PERSON SERVED: You are served

1. as an individual defendant.

2. as the person sued under the ?ctitious name of (specify):

Deputy
(Adjunto)

 

 

 

 

 

3. on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor)
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) El CCP 416.90 (authorized person)
other (specify):

4. by personal delivery on (date):

 

 

 

Page 1 of 1
Form Adopted for Mandatory Use SUMMONS American Legal Net Inc Code of Civil Procedure 412.20, 465

Judicial Council of Califomia 
July 1, 2009]

 

 

 

FormsWork?owcom

 

CM-O1O

 

OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and admess) FOR COURT USE ONLY
John C. Lemmo (190885) Kevin M. Davis (259693) Jacob Kozaczuk (294734)
Procopio, Cory, Hargreaves Savitch LLP

 

525 Street, Suite 2200 
San Diego, CA 92101 . Court
TELEPHONE NO. (619) 238?1900 FAX No (619) 235-0398 San FranCIsco County Superior
ATTORNEY FOR (Name) Petitioner Kipp Bay Area Schools MAY 22 2020

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SILJEEI ADDRESS 400 McAllister Street
Mf'll lilo 400 Street
AND ZIP CODE San Francisco, CA 94102-4515
BRANCH NAME Civic Center Courthouse
nut KIPP BAY AREA SCHOOLS v. SAN FRANCISCO UNIFIED

 

 

 

 

 

 

 

 

 

I IZIST I l\iCT
. . CASE COVER SHEET Complex Case Designation CASE 
. ed Limited Ci Counter i:i Joinder 2 ll _5 1 7 
(Amount (Amount . JUDGE:
demanded demanded is Filed With first appearance by defendant 
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1?6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
Auto (22) Breach of contract/warranty (06) (Cal- Rules of Court. rules 3-400?3-403)
Uninsured motorist (46) Rule 3.740 collections (09) Antitrust/Trade regulation (03)
Other (Personal InjuryIProperty El Other collections (09) Construction defect (10)
DamageIWrongful Death) Tort Insurance coverage (18) Ci M333 tort (40)
Ci Asbestos (04) Other contract (37) Securities litigation (23)
liability (24) Real Property EnvironmentalfToxic tort (30)
Medical malpractice (45) Eminent domain/Inverse El Insurance coverage claims arising from the
Other condemnation (14) above listed provisionally complex case
(Other) Tort El Wrongful eviction (33) types (41)
Business tort/unfair business practice (07) Other real property (26) Enforcement Of Judgment
Civil rights (08) Unlawful Detainer Enforcement lofjudgment (20)
i:i Defamation (13) Commercial (31) Miscellaneous Civrl Complaint
Fraud (15) El Residential (32) Ci (27) 
i:i Int all ctu al property (19) Drugs (38) Other complalnt (not specr?ed above) (42)
Ci Professional negligence (25) Judicial Review Miscellaneous CIVII Petition
i__i (WW 0 n-Pl IPD tort (35) Asset forfeiture (05) Partnership and corporate governance (21)
I -r.wmmn i:i Petition re: arbitration award (11) Other petition (not speci?ed above) (43)
- . nation (35) Writ of mandate (02)

 

Ci

. i i _)_nplr)yment (15) Other iudicral review (39)

2. This case CI is is not complex under rule 3.400 of the California Rules of Court. lfthe case is complex, mark the
factors requiring exceptional judicial management:

a. El Large number of separately represented parties d. Large number of witnesses

b. Extensive motion practice raising dif?cult or novel e. Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court

c. Substantial amount of documentary evidence f. Substantial postjudgmentjudicial supervision

Remedies sought (check all that apply): 3. monetary b. i2 nonmonetary; declaratory or injunctive relief c. punitive
Number of causes of action (specify): Two (2)

This case Ell ?5 IE is not a class action suit
If there are any known related cases ?le and serve a notice of related case. (You ..
Date: May 21, 2020 
John C. Lemmo Q3 2
(TYPE OR PRINT NAME) OR ATTORNEY FOR PARTY)
NOTICE 
- Plaintiff must file this cover sheet with the first paper filed in the action or proceedl' 9 (except small claims cases or cases ?led

under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to ?le may result
in sanctions,

. Flle this cover sheet in addition to any cover sheet required by local court rule.

- If this case is complex under rule 3. 400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.

0 Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only. 
Page 1 2

Cranes?

  

form 

 

 

 

 

 

. i if COVER SHEET Cal. Rules ofCourt. rules 230. 3220, 3400?3403. 3.740;

Cal Standards of JudICIal std. 3.10
?t 

 

 . CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET

To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and ?le, along with your ?rst paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case ?ts both a general and a more speci?c type of case listed in item 1,
check the more speci?c one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be ?led only with your initial paper. Failure to file a cover sheet with the ?rst paper ?led in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.

To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is de?ned as an action for recovery of money
owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identi?cation of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time?for?service requirements and case management rules, unless a defendant ?les a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.

To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its ?rst appearance a joinder in the
plaintrii?s desrgnation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that

the case is complex.

Auto Tort
Auto (22)?Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other (Personal Injury]
Property DamagelWrongful Death)
Tort

Asbestos (04)

Asbestos Property Damage
Asbestos Personal Injuryl
Wrongful Death
Product Liability (not asbestos or

toxic/environmental) (24)

Medical Malpractice (45)

Medical Malpractice?
Physicians Surgeons

Other Professional Health Care
Malpractice

Other (23)

Premises Liability slip

and fall)

Intentional Bodily 
assault, vandalism)

intentional In?iction of
Emotional Distress

Negligent lnfliction of
Emotional Distress

Other 

(Other) Tort

Business Tort/Unfair Business
Practice (07)

Civil Rights discrimination,
false arrest) {not civil
harassment) (08)

Defamation slander, libel)
(13)

Fraud (16)

Intellectual Property (19)

Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice

(not medical or legal)

Other Tort (35)

Employment

Wrongful Termination (36) Other

Employment (15)

CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract {not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach?Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract!
Warranty
Other Breach of Contract/Warranty

Collections money owed, open
book accounts) (09)

Collection Case?Seller Plaintiff
Other Promissory NotelCollections
Case

insurance Coverage (not provisionally
complex) (18)

Auto Subrogation
Other Coverage

Other Contract (37)
Contractual Fraud
Other Contract Dispute

Real Property

Eminent Domain/Inverse
Condemnation (14)

Wrongful Eviction (33)

Other Real Property quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure 7
Quiet Title 

Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)

Unlawful Detainer

Commercial (31)

Residential (32)

Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)

Judicial Review

Asset Forfeiture (05)

Petition Re: Arbitration Award (11)

Writ of Mandate (02)
Writ?Administrative Mandamus
Writ?Mandamus on Limited Court

Case Matter
WritHOther Limited Court Case
Review

Other Judicial Review (39)

Review of Health Of?cer Order
Notice of Appeal?Labor
Commissioner Appeals

Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400?3.403)

Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
insurance Coverage Claims
(arising from provisionally complex
i 1 case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certi?cation of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous CivilCompIaint
RICO (27) 
Other Complaint (not speci?ed
above) (42)
Declaratory Relief Only
Injunctive.Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case 
Other Civil Complaint
(non-tor?non?complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition {not speci?ed
above) (43)
Civil Harassment
Workplace Violence
Eider/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition

 

(EM-010 [Rev July 1, 2007]

CIVIL CASE COVER SHEET

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American LegaINet, Inc.