Date: November 2007

CSBA and its Education Legal Alliance have filed a lawsuit challenging the state Board of Education's approval earlier this year of Aspire Public Schools' petition to operate as a statewide benefit charter. Joining in the lawsuit are the Association of California School Administrators, the California Teachers Association and the Stockton Unified School District.

Legislation enacted in 1994 provided for the creation of statewide benefit charter schools, which are able to bypass geographical limitations on charter schools and operate at multiple sites throughout the state. Such charter petitions go directly to the SBE, which can only approve them if it makes a formal finding, based on information presented in the petition, that the charter will provide "instructional services of statewide benefit" that cannot be provided by a charter operating in only one district or county.

Aspire's petition failed to document the unique circumstances required, so the finding made by the SBE of the requisite instructional services is without factual support, according to the suit. A March 30 letter to SBE from CSBA, its Alliance and the other plaintiffs asked state board members to rescind their approval for failure to make the finding as required by law. No action was taken in response, and this lawsuit follows that refusal to act, according to Alliance Director Richard Hamilton.

"Our concern is that the SBE has been derelict in its duty to enforce the unique characteristics allowing it to approve statewide benefit charters that bypass local district approval and avoid needed local oversight,” Hamilton said.

The lawsuit seeks a court order to overturn the state board's approval of Aspire's statewide charter; it also seeks to close the two schools the company has opened in Stockton and Los Angeles under that charter once the 2007-08 school year is over. The 17 schools that Aspire operates under charters issued by local school boards would not be affected, Hamilton noted.