CSBA, other groups call for rescission of statewide charter

Arguing that the state Board of Education disregarded California law when it gave Aspire Public Schools permission earlier this year to open a statewide benefit charter, CSBA, the California Teachers Association and the Association of California School Administrators have “respectfully” demanded that the board rescind its action.

In a March 30 letter to state Board of Education President Kenneth Noonan, the three education groups objected that the board did not make two findings required by state law and ignored its own regulations when it gave Aspire permission to open schools that will be chartered by the state rather than the individual districts and counties in which the schools operate.

Aspire is an Oakland-based company that operates 17 schools in California which are chartered by their local district or county boards. The statewide benefit charter petition that the state board approved in January gives Aspire permission to open two new campuses in Stockton and Los Angeles. The state board would be responsible for monitoring these schools, but local districts would still be required to provide facilities.

The state board can approve a statewide benefit charter only if specific conditions are met, including:
• the board must have evidence that the state charter can offer “instructional services of a statewide benefit”
• these services could not be provided by a campus chartered by a local district or county board

“Neither of these findings was properly considered,” the associations wrote in their letter to the state board, “nor is there any basis in the entire record that would support the findings even if they were properly made.”

CSBA Senior Policy Analyst Stephanie Farland, who closely monitored the state board deliberations, said it was clear that board members either did not understand the regulations governing statewide benefit charters or deliberately disregarded the rules. “We are very concerned about the impact on local governance and accountability,” Farland said. “Aspire already successfully operates schools that are chartered by local school boards in Oakland, Los Angeles and elsewhere. Because of its success locally, Aspire does not meet the standard that its services could not be provided through a local charter.”

Farland said the associations are hopeful that the state board will address their concerns at its May 9-10 meeting.
When the Legislature authorized statewide benefit charters under Assembly Bill 1994 in 2002, Farland said, the law was intended to restrict charter schools from operating without approval and oversight by the local governing boards in the districts and counties—not to give the state board sweeping powers to authorize charters statewide.

Aspire’s petition is the second statewide benefit charter approved by the state board. In 2006, board members give High Tech High permission to open up to 10 charter schools throughout the state.

For the second straight year, CSBA is sponsoring legislation to give local school boards the authority to deny charter petitions if the creation of a charter school would have a negative educational impact on the other students in the district. Gov. Arnold Schwarzenegger vetoed Assembly Bill 2954 by Carol Liu, D-La Cañada Flintridge, last year.

This year’s version of the legislation, AB 1609 by Mark Leno, D-San Francisco, also includes a provision that would repeal the state Board of Education’s authority to approve statewide charter schools.

Related link:
Read the letter sent to the state Board of Education @ www.csba.org/benefit_charter_letter.pdf