|Alabama||Yes. Public charter schools have the same rights and access to Alabama Public School and College Authority facilities funding opportunities as traditional public schools.||Charter schools have the right of first refusal to purchase or lease any closed or unused facility placed on the market from the local school district.|
|Alaska||Yes. A school district must direct state aid to charter schools for construction or maintenance of a charter facility, subject to the same terms and conditions that apply to state aid for traditional public schools. The charter school facilities construction, lease and major maintenance grant program provides grant aid based on a per-pupil funding formula, subject to legislative appropriation and available funding. Grant allocations cannot be less than $1 per-pupil per year.||Charter schools have access to tax-exempt financing through the Alaska Municipal Bond Bank Authority. School districts are also required to offer to a charter school the right of first refusal for a lease of space in an existing school district facility or in a facility within the school district that is not currently being used as a public school, if the chief school administrator determines the facility meets requirements for health and safety applicable to public buildings or other public schools in the district. If the school district requires lease payments by a charter school, the school district must negotiate a lease agreement with the charter school for an amount that does not exceed the true operational costs calculated on a square foot basis.|
|Arizona||Yes. In addition to a base support level, charter schools receive a per-pupil allocation called “charter additional assistance.” The sum total, called “equalization assistance” can be used for anything from teacher salaries to transportation to facility construction. The amount of additional assistance in FY 2015-16 is $1,734 per-pupil in grades K-8 and $2,022 per-pupil in grades 9-12. In addition, subject to legislative appropriation, the Charter School Stimulus Fund provides financial support to charter school applicants and charter schools for start-up costs and costs associated with renovating or remodeling existing buildings.||Charter schools have access to bond financing from industrial development authorities. The state department of education must also annually publish a list of vacant and unused portions of buildings that are owned by the state or by school districts and that may be suitable for the operation of a charter school.|
|Arkansas||Yes. Conversion charter schools are entitled to apply for the same forms of state financial assistance for facilities as traditional public schools. An open-enrollment public charter school may apply for grant monies under the Open-Enrollment Public Charter School Facilities Funding Aid Program for the lease, purchase, renovation, repair, construction, installation, restoration, alteration, modification, or operation and maintenance of an approved facility. Although authorizing legislation for an Open Enrollment Public Charter School Facilities Loan fund and an Open-Enrollment Public Charter School Capital Grant Program remain in place, they are currently not funded.||Charter schools have access to financing through ADFA’s Capital Improvement Revenue Bonds program and Bond Guaranty program. In addition, an open-enrollment charter school has a right of first refusal to purchase or lease, at fair market value, a closed public school facility or unused portions of a public school facility located in a public school district from which it draws its students, if the public school district decides to sell or lease the public school facility. However, a public school district is exempt from these provisions if, through an open bid process, it receives and accepts an offer to lease or purchase the property from a purchaser other than the open-enrollment charter school for an amount that exceeds the fair market value. Districts cannot require lease payments that exceed the fair market value of a property.|
|California||Yes. Each school district is required to make available to each charter school operating in the school district facilities sufficient for the charter school to accommodate all of its 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. Districts can only charge a charter school a proportionate share of its facilities costs that are paid from the general fund. Districts must allocate facilities to in-district charter schools based upon the charter school’s projection of average daily attendance of in-district students. If the charter school generates less than it projected, the charter school must reimburse the district for the over-allocated space at rates to be set by the state board of education. Through the Charter School Facility Grant Program, the state may reimburse charter schools serving 55% or more pupils that qualify for free or reduced price meals up to $750 per unit of average daily attendance but not more than 75% of the annual facilities rent or lease costs for the charter school. Charters may access per-pupil facility grant funding for 50% of the total cost for new construction or renovation of charter facilities. This program is subject to available statewide school bonds passed to support charter school facilities. In addition, the Charter School Revolving Loan Fund allows charter schools to receive low-interest loans for as much as $250,000, and allows up to five years for repayment.||Charter schools have access to tax-exempt financing through the California Municipal Finance Authority, California School Finance Authority and the California Statewide Communities Development Authority. Charter schools also have a first right of refusal to any surplus school district property.|
|Colorado||Yes. Charter schools are entitled to per-pupil facilities aid from the state education fund for capital construction. All charter schools with capital construction needs are eligible for funding; however, a charter school located in a district facility receives half its allocated amount. In addition, charter schools may apply for capital funding under the Building Excellent Schools Today (BEST) program, a competitive grant program. BEST funds can be used for the construction of new schools as well as general construction or renovation of existing school facility systems and structures. School districts are required to invite charter schools to discuss their capital construction needs prior to submitting a request to the voters or floating a bond for facilities funding, although the district is not required to include the charter schools as part of their requests or bonds. Through the Charter School Intercept Program, a charter school that is entitled to receive monies from the state public school fund may request that the State Treasurer make direct payments of principal and interest on the bonds on behalf of the charter school. In addition, if space is available in a school district facility, a charter school may not be charged for that space, although other costs for facilities operations and maintenance must be negotiated between the charter school and the school district.||The Colorado Educational and Cultural Facility Authority (CECFA) may issue bonds on behalf of charter schools. The charter school debt reserve fund, supported by the moral obligation pledge of the state to support up to $500 million in debt, enhances charter schools' ability to borrow funds from CECFA and to obtain more favorable rates. Charter schools can lease or purchase land from the state.|
|Connecticut||Yes. Competitively awarded grants are available to assist established state charter schools in financing school building projects and repayment of debt incurred for school building projects. Preference must be given to applications that include matching funds from non-state sources.||Charter schools have access to tax-exempt financing for their facilities needs through the Connecticut Health and Educational Facilities Authority’s Charter School Loan Program. School districts that provide material support, such as the use of district facilities, to high-performing charter schools can count the performance of the charter school students as part of the district for accountability purposes.|
|Delaware||Yes. The state funds minor capital improvements at charter schools in the same manner as it funds such improvements at vocational technical school districts. Through the Charter School Performance Fund, charter schools with a proven record of success can apply for supplemental funding that can be used for facilities. The fund is subject to appropriation.||Charter schools have access to tax-exempt industrial development revenue bonds through the Delaware Economic Development Authority. In addition, the state department of education and state department of administrative services must publish a list of all vacant and unused buildings and portions of buildings owned by the state or school districts that may be suitable for charter schools. School districts must make unused buildings or space in buildings available for charter schools and must bargain in good faith over the cost of rent, services and maintenance related to such space.|
|District of Columbia||Yes. Charter schools receive an annual facilities allowance of $3,072. The Office of Public Charter School Financing and Support provides grants and facilities financing to charter schools. In addition, the City Build Charter School Initiative promotes community revitalization with a particular emphasis on strengthening charter schools. Most of the grants from this program have been allocated for facilities and expansion projects.
||Charter schools have access to tax-exempt bonds through D.C.'s Revenue Bond Program. Charter schools are also given the right of first offer to purchase, lease, or otherwise use an excess school facility.|
|Florida||Yes. For fiscal year 2015, the state appropriated $50 million in capital outlay funds to eligible charter schools on a per-pupil basis. Funds can be used for purchasing, construction, or maintenance of facilities. In addition, school boards can levy up to 1.5 mills for construction, renovation, maintenance or repair of facilities for district schools, including charter schools. The state provides an exemption from ad valorem taxes for facilities used to house charter schools, and provides some additional exemptions for some other facilities-related fees. In addition, if a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it is provided for a charter school's use on the same basis as it is made available to other public schools in the district. For an existing public school converting to charter status, no rental or leasing fee for the existing facility or for the property normally inventoried to the conversion school may be charged by the district school board to the parents and teachers organizing the charter school.||Charter schools are eligible through their counties or municipalities to access tax-exempt industrial development revenue bonds through the Florida Industrial Development Financing Act.|
|Georgia||Yes. Charter schools receive a per-pupil allocation for capital expenses, dependent on state appropriation. Charter schools included in their district’s local facilities plan are also eligible for capital outlay funding. In addition, the Department of Education administers a need-based, per-pupil facilities competitive grant program and a matching grant program for facilities-related expenses. The state requires districts to make surplus facilities available to charter schools on the same basis as they make such facilities available to traditional schools. Charter schools cannot be charged a lease or rental fee for use of these facilities.||Charter schools have access to tax-exempt financing through county development authorities.|
|Hawaii||Yes. The public charter school commission can request charter school facilities funding from the legislature as part of its annual budget request. Funding amounts are prioritized for allocation by the charter school facilities funding working group. In addition, state grants-in-aid for facilities have been awarded on a case-by-case basis.
||The state department of education must identify unused public school facilities that may be appropriate for charter schools and solicit applications from charter schools interested in using and occupying all or portions of the facilities of the department school. If a charter school occupies or uses the facilities of a department school immediately prior to converting to a charter school, upon conversion that charter school must be given continued exclusive or joint use of the buildings or facilities unless the state demonstrates a tangible and imperative need to reclaim all of the facilities.|
|Idaho||Yes. The department of education distributes facilities funds to charter schools on a per-pupil basis. The amount of facilities funding is calculated as a percentage (30% in FY 2015) of the statewide average of all bond and plant facility levies per student by Idaho school. The percentage for distributions in subsequent fiscal years will increase by 10% each time the public school budget increases by 3% or more and decrease by 10% each time the budget is cut. Otherwise, the distribution percentage will remain the same as the previous year, with the minimum and maximum distribution percentages being 20% and 50%, respectively. Charter schools that do not receive these funds can submit a claim to the department of education for partial reimbursement of related expenses.
||The Public Charter School Debt Reserve assists qualifying charter schools in obtaining favorable financing for facility improvements and construction. A charter school's board of directors can borrow money as a nonprofit corporation to finance the purchase of school building facilities. Charter schools also have access to tax-exempt facilities financing through the Idaho Housing and Finance Association. In addition, school districts can authorize the transfer or conveyance of any surplus district-owned property to charter schools.|
|Illinois||No||Charter schools have access to tax-exempt revenue bonds and lease financing for capital projects through the Illinois Finance Authority. A charter school may also negotiate and contract with a school district, the governing body of a state college or university or public community college or any other public for-profit or nonprofit private entity for the use, operation and maintenance of a school building. Conversion charter schools are not required to pay rent for a space deemed available in school district facilities.|
|Indiana||Yes. Through the Charter and Innovation Network School Grant and Advance programs, charter schools that meet performance expectations receive a $500 per-pupil allocation for facilities and transportation and have access to low-interest state loans. Subject to funding availability, charter schools can apply to the Charter School Facilities Assistance Fund for grants or loans for constructing, purchasing, renovating or maintaining charter schools.
||Charter schools have access to bond financing through the Indiana Finance Authority and other authorized bond banks. In addition, the state department of education is required to publish on its website a list of closed, unused or unoccupied school buildings that were previously used for classroom instruction. A charter school must submit an intent to claim if it is interested in leasing or purchasing one of the facilities on the list. The school corporation that owns the facility can then lease it to the charter school for $1 per year or sell it to the charter school for $1.|
|Iowa||No. Charter schools generally share facilities with traditional public schools in the district.||No|
|Kansas||No||Charter schools have access to taxable and tax-exempt financing for capital projects and programs through the Kansas Development Finance Authority.|
|Louisiana||Yes. Depending upon legislative appropriations, based on a charter school’s average daily membership for the first five years of its existence, each start-up charter school receives for each student an amount equaling the average per-pupil budgeted amount for each of those five years from the district in which the charter school is located for facility acquisition and construction services.
||Charter schools have access to tax-exempt financing through the Louisiana Public Facilities Authority. In addition, Local school boards must make available to chartering groups any vacant school facilities or any facility slated to be vacant for lease or purchase up to fair market value. For conversion charter schools, the facility and all the property within the existing school must be made available to the chartering group. If such facilities were constructed at no cost to the local school board, then such facilities including all equipment, books, instructional materials, and furniture within such facilities shall be provided to the charter school at no cost. Otherwise, the chartering group is required to pay a proportionate share of the local school board's bonded indebtedness. Charter schools may also negotiate with local school boards in which they are located for the use of facilities and operation and maintenance.|
|Maine||No||Charter schools have the right of first refusal to purchase or lease at or below fair market value a closed non-charter public school facility or property or unused portions of a non-charter public school facility or property located in a school administrative unit from which it draws its students. In addition, charter schools can purchase or lease at or below fair market value part or all of any surplus or unused state-owned facility or property located in the state.|
|Maryland||No||Charter schools have access to tax-exempt financing through the Maryland Health and Higher Educational Facilities Authority and the Maryland Industrial Development Financing Authority. Charter schools can also apply for bond financing through various county and municipal industrial development authorities. In addition, a county board must notify charter schools of school buildings or sites that are no longer in use and allow the charter school to use the facility on the county board's terms. The county board can use the utilization rate of surrounding school sites and buildings when authorizing a public charter school to occupy a school site or building. Any portion of a building or property occupied by a charter school is exempt from property taxes.|
|Massachusetts||Yes. Subject to legislative appropriation, charter schools receive a per-pupil capital needs allowance as part of their per-pupil tuition revenue.
||Charter schools have access to tax-exempt bond financing, direct loans and guarantees for capital projects through the Massachusetts Development Finance Agency. In addition, the Massachusetts Charter School Loan Guarantee Fund guarantees the debt for the acquisition, construction, renovation and leasehold improvement of charter school facilities.|
|Michigan||Yes. Revenue from taxes levied or bonds issued by a school district may be used to support the operation or facilities of a charter school operated by the school district. Property occupied by a charter school and used exclusively for educational purposes is exempt from some real and personal property taxes. Charter schools may be located in all or part of an existing public school building.
||Charter schools have access to tax-exempt financing through the Michigan Public Education Facilities Authority to finance land acquisitions, facilities, equipment and energy conservation improvements, or to refinance existing debt.|
|Minnesota||Yes. Charter schools receive a per-pupil operating capital revenue allowance. If these funds are insufficient to cover a building lease, a charter school may apply to the commissioner for building lease aid. Building lease aid cannot be used for custodial, maintenance service, utility, or other operating costs. The amount provided cannot exceed the lesser of 90% of the approved cost or $1,314 per-pupil. Charter schools cannot use money received by the state to purchase land or buildings. Charter schools may own land and buildings if obtained through non-state sources.
||A charter school may receive money from any source for capital facilities needs. In the year-end report to the commissioner of education, the charter school must report the total amount of funds received from grants and other outside sources.|
|Mississippi||Yes. A plant and maintenance cost component is included in the calculation of the state per-pupil allocation. Charter schools are allocated funding from this program.
||Charter schools have the right of first refusal to purchase or lease at or below fair market value a closed or unused portion of a public school facility property in the school district in which the charter school is located if the school district decides to sell or lease the public school facility or property. In addition, charter schools may negotiate and contract at or below fair market value with a school district, state institution of higher learning, public community or junior college, or any other public or for-profit or nonprofit private entity for the use of a facility for a school building.|
|Missouri||No||Charter schools have access to bond financing through the Missouri Health & Educational Facilities Authority and various county and city industrial development authorities.|
|Nevada||Yes. Subject to legislative appropriation, charter schools may apply to the state department of education for available money for facilities if certain qualifications are met.
||Charter schools meeting certain performance qualifications have access to tax-exempt financing through the Nevada Department of Business and Industry for costs related to acquisition, construction, improvement, restoration, or the rehabilitation of property, buildings, and facilities. Charter schools can contract with the local school board of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school. Charter schools can use any public facility in the school district or buildings owned by the school district, upon approval of the school board, but not during school hours. School districts can donate surplus personal property to a charter school located within the district.|
|New Hampshire||Yes. Subject to legislative appropriation, charter schools are eligible to receive state school building aid for the purpose of acquiring land or buildings or for constructing, reconstructing, or improving the charter school if the building is owned by the school district and under lease to the charter school and the lease does not include an option to purchase the building. Charter conversion schools are also eligible for state school building aid. Charter schools can lease, through the school district, buildings that receive state school building aid.
||Charter schools have access to tax-exempt financing and additional financing assistance through the New Hampshire Health and Education Facilities Authority and the New Hampshire Municipal Bond Bank.|
|New Jersey||No||The New Jersey Economic Development authority acts as a conduit for tax-exempt bond issuance, and the New Jersey Redevelopment Authority provides tax-exempt financing for capital projects.|
|New Mexico||Yes. Charter schools have access to facilities funding grants through the Public School Capital Outlay Fund. Charter schools may also request capital outlay funding directly from their state legislators, ask local voters to approve a property levy, and are eligible for matching funds from the state if a minimum level of funding is not met. Charter schools are also eligible to receive funding generated through a district-imposed local tax for maintenance and renovation, among other things. In addition, the Public School Capital Outlay Program offers lease payment assistance grants to charter schools.
||Charter schools have access to three facilities-financing programs administered by the Capital Outlay Bureau and are entitled to tax-exempt financing through the New Mexico Financing Authority as well as through county governments for school bonds. In addition, the school district in which a charter school is located must provide a charter school with available facilities for the school’s operations unless the facilities are being used for other educational purposes. In addition, an agreement for the use of school district facilities by a charter school may provide for reasonable lease payments.|
|New York||Yes. Through the Charter School Stimulus Fund, charter schools can receive grants for facility construction, renovation, financing, leasehold improvements and other facility-related expenses.
||Charter schools in New York City have access to tax-exempt financing through the Build NYC Resource Corporation to construct, renovate, or equip facilities. The New York City School District must provide charter schools in need of space and requesting co-location in a public school building a co-location site in a public school building at no cost, or offer space in a privately owned or other publicly owned facility at the expense of the school district and at no cost to the charter school. If an appropriate public school space is not available to a charter school, the city school district must pay the charter school the lesser of either the actual rental cost of an alternative privately owned space or 20% of the basic tuition multiplied by either current enrollment for a new charter school or the additional enrollment of an expanding charter school. The space must be reasonable, appropriate and comparable and in (or within reasonable proximity to) the community school district to be served by the charter school. Charter schools can contract with a school district or the governing body of a public college or university for the use of a school building and grounds and the operation and maintenance thereof.|
|North Carolina||Yes. At the request of a charter school, local school boards must lease any available building unless the local school board can demonstrate that the building is practically or economically infeasible or the local board does not have adequate classroom space to meet its enrollment needs. Local school boards may also provide facilities free of charge, but charter schools are responsible for maintenance of and insurance for the school facility.
||Charter schools have access to tax-exempt financing through the North Carolina Capital Facilities Finance Agency.|
|Ohio||Yes. A per-pupil facilities aid allowance is included in the state allocation. In addition, high-performing charter schools have access to grants for facilities-related costs through the Community School Classroom Facilities grant program||Subject to legislative appropriation, charter schools may use loans guaranteed under the Facilities Loan Guarantee Program to acquire, improve, or replace classroom facilities. When a school district decides to dispose of property, it must first offer that property for sale to the governing authorities of certain start-up charter schools and the board of trustees of any college-preparatory boarding school that are located within the territory of the school district at a price that is not higher than the appraised fair market value of that property. If more than one community school governing authority or college-preparatory boarding school board of trustees accepts the offer the board must sell the property to the governing authority or board that accepted the offer first. The district is allowed to dispose of the property if no charter school offers to buy or lease the building within 60 days after the district makes the offer.|
|Oklahoma||Yes. The Charter School Incentive Fund provides support for costs associated with renovating or remodeling existing buildings and structures for use by a charter school. The department of education allocates per-pupil funds to match funds allocated through the federal State Charter School Facilities Incentive Grants Program. In addition, the Common School Building Equalization Fund provides aid for acquiring buildings. To qualify, charter schools have to provide matching funds of not less than 10% of the total grant. The maximum grant award is $4 million.
||Charter schools are eligible for tax-exempt financing through the Oklahoma Development Finance Authority.|
|Oregon||No. Charter schools must pay and/or arrange for educational facilities out of their state school funds.
||Charter schools have access to bond financing facilities assistance through the Oregon Financing Authority. Upon written request from a developing or operating charter school, school districts and other public bodies must list vacant or unused buildings or portions of buildings suitable for charter school use. Building owners have no obligation to sell or lease facilities to charter operators.
|Pennsylvania||Yes. Charter schools leasing buildings or portions of buildings receive an annual lease reimbursement. The reimbursement amount is the lesser of the charter school’s annual lease payment or $160 per-pupil for elementary schools, $220 per-pupil for secondary schools and $270 per-pupil for area vocational-technical schools.
||Charter schools have access to tax-exempt financing through the State Public School Building Authority for construction and improvement of facilities, and can apply for bond financing through local industrial authorities.|
|Rhode Island||Yes. District-sponsored schools can access state aid for reimbursements of facilities costs. Independent charter schools and mayoral academies can seek reimbursements for up to 30% of their expenses.
||Charter schools have access to tax-exempt financing through the Rhode Island Health and Educational Building Corporation.|
|South Carolina||Yes. Charter schools have access to loans through the Charter School Facility Revolving Loan Program for costs related to the construction, purchase, renovation and maintenance of facilities.
||Charter schools have access to tax-exempt financing through the South Carolina Jobs-Economic Development Authority. In addition, the state department of education must make available, upon request from an existing charter school or charter school applicant, a list of vacant and unused portions of buildings that are owned by school districts in the state and that may be suitable for the operation of a charter school. The owner of a building on the list is not required to sell or lease the building or a portion of the building to a charter school. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given the first refusal to purchase or lease the building under the same or better terms and conditions as it would be offered to the public. Charter schools are exempt from state and local taxation, except the sales tax, on their earnings and property whether owned or leased.|
|Tennessee||Yes. A per-pupil facilities aid allowance is included in the state allocation. In addition, districts must include in the local share of funds paid to a charter school the required district match for capital outlay.
Tenn. Code Ann. § 49-13-112; Tenn. Code Ann. § 4-31-101,-119;
|Charter schools have access to tax-exempt financing through the Tennessee Local Development Authority. School districts are required to submit a list of all underutilized and vacant properties to the department of education and the comptroller of the treasury. The department must make a district’s list available to any charter school operating in the district or any sponsor seeking to establish a charter school. Districts with underutilized and vacant properties must make the properties available for use by charter schools operating in the district, subject to a lease agreement.|
|Texas||No||Charter schools have access to bonds guaranteed by the Permanent School Fund. Open-enrollment charter schools also have access to facilities-related financing assistance through a credit enhancement program and through the Public Finance Authority. The board of trustees of an independent school district that intends to sell, lease, or allow use for a purpose other than a district purpose of an unused or underused district facility must give each open-enrollment charter school located wholly or partly within the boundaries of the district the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the board of trustees, before offering the facility for sale or lease or to any other specific entity. The board of trustees of a school district is not required to accept an offer made by an open-enrollment charter school. Districts cannot require conversion charter schools to pay rent for or to purchase a facility in order to use the facility.|
|Utah||Yes. Of the per-pupil funding provided to charter schools, 10% is designated for facilities-related costs.||Charter schools have access to loans through the Charter School Revolving Account for construction, renovation and equipment and to tax-exempt financing from the Utah Charter School Finance Authority for facilities-related costs. The Charter School Credit Enhancement Program allows charter schools to obtain favorable financing by providing the state’s moral obligation and a means of replenishing a qualifying charter school’s debt service reserve fund.|
|Virginia||No||The Virginia Small Business Financing Authority can issue bonds to charter schools for facilities-related costs. In addition, charter schools cannot be charged rent for space deemed available in school division facilities. All other costs for operation and maintenance are subject to negotiations between the charter school and the school board.|
|Washington||The Washington Supreme Court found the state's charter school laws unconstitutional in their 2015 ruling in League of Women Voters v. State of Washington.||The Washington Supreme Court found the state's charter school laws unconstitutional in their 2015 ruling in League of Women Voters v. State of Washington.|
|Wisconsin||No||Charter schools have access to tax-exempt financing through the Wisconsin Health and Educational Facilities Authority and the Wisconsin Public Finance Authority. The City of Milwaukee can sell or lease city-owned properties used for school purposes that have been deemed unused or underutilized for at least 12 consecutive months. Upon adoption by the common council of the resolution to approve the sale or lease of the property, the Milwaukee school board is required to provide the common council and city employees and agents copies of all documents related to the property and access to and entry into the property for purposes related to the sale or lease.|
|Wyoming||Yes. Funds for major building and facility repairs and replacements are distributed based on square footage computations for each school district. A school building or facility that is owned by a school district and used for operating a charter school qualifies to receive its proportionate share of the district’s funding under this program.
||Charter schools are not required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the improvement, modification, operation and maintenance of the facilities used by the charter school are subject to negotiation between the charter school and the district board.|