Charter school ruling to be appealed

The trial court has issued a ruling in CSBA's litigation against the State Board of Education regarding the SBE's approval of Aspire Public School's statewide benefit charter petition. The court ruled in favor of the SBE, but CSBA and its Education Legal Alliance, joined by co-petitioners the California Teachers Association, the Association of California School Administrators and Stockton Unified School District, will immediately file an appeal of the trial court's decision.

"It is unfortunate that the trial court judge reached this decision," said Richard Hamilton, director of the Education Legal Alliance. "However, we are convinced that the SBE exceeded its legal authority in approving the statewide benefit charter petition without first making the necessary legal finding that the program cannot be replicated at the local district level."

A statewide benefit charter school is able to bypass the geographical limitations on charter schools and operate at multiple sites throughout the state. The charter petition comes directly to the SBE and may be granted only when the SBE makes a finding that the charter will provide instructional services of statewide benefit that cannot be provided by a charter operating within only one district or county. In January 2007, the SBE approved the application of Aspire Public Schools to operate a statewide benefit charter, initially authorizing schools in the Stockton and Los Angeles unified school districts in which Aspire already operates locally approved charter schools.

According to Hamilton, the SBE's approval of Aspire's petition is particularly troublesome. "We are concerned that this approval by the SBE, now approved by the court, will open the door and encourage charters to bypass local school districts and county offices of education in an attempt to avoid local oversight and move straight to the SBE, where they are likely to receive a favorable reception. There should be particular concern as to whether the SBE is prepared to provide the necessary oversight for this new expansion of charter schools."

In his ruling, the trial court judge said that the Education Code did not support CSBA's interpretation that local control is strongly favored or that statewide benefit charters are a “narrow exception” to the usual process. According to Hamilton, this statement is clearly contrary to the Legislature's intent when it approved the legislation enacting the statewide benefit process. Hamilton said that will present a strong issue in the appeal.