Is SCCS obligated to provide the Natural Bridges site to PCS at a below-market rate?
No. Five years ago PCS and SCCS negotiated a market-rate lease, rather than a Proposition 39 facilities agreement in order to house 100% of its student body in a single facility—including students residing outside SCCS’s attendance area. Under Prop 39 law, SCCS must offer PCS facilities that are “reasonably equivalent” to facilities (e.g. age- and grade-appropriate) offered to SCCS students. Under Prop 39, SCCS must offer PCS space proportional to the number of its students who live in SCCS’s attendance area. Again, since PCS and SCCS negotiated a market-rate lease at a facility to house both in-district and out-of-district students; therefore the Prop 39 terms were superceded. SCCS has consistently stated its commitment to providing appropriate housing for the PCS students that would otherwise attend SCCS schools.
