Determination of Comparison Schools. The comparison schools that determine what OUSD must offer, in its preliminary and final offers, to a charter school in response to the charter school’s request for facilities under Prop. 39 shall come from only one attendance area, i.e., the single high school attendance area in which the largest number of all of the students of the charter school reside. The District shall identify, and shall include as an exhibit to each preliminary and final offer, all Districts schools located within the boundary of each high school attendance area. For each grade span (TK-5, 6-8, and 9-12) in which a charter school has at least one grade level, the District shall determine separate space allocations for each grade span and shall use comparison schools from the same high school attendance area for each grade range. As an example, and not as a limitation, for a charter school that serves students in grades TK-8, the comparison schools for determining TK-5 space allocations for the charter school will be the District-operated schools serving any of the grade levels TK-5 (including, but not limited to, District-operated schools serve grades TK-5, TK-6, TK-8, and TK-12) located within the applicable high school attendance area. Similarly, the comparison schools for determining 6-8 space allocations for the charter school will be the District-operated schools serving any of the grade levels 6-8 (including, but not limited to, District-operated schools serve grades TK-8, 6-8, 6-12, and TK-12) located within the applicable high school attendance area.) Notwithstanding the foregoing, the District shall not use a District school as a comparison school if the planned grades to be served by a charter school in the relevant Prop. 39 year and District school only overlap over by one grade. As an example, but not as a limitation, a 6-12 District school shall not be used as a comparison school for a TK-6 charter school, as the two schools only overlap by only one grade (6th grade).
