On May 24, 2010, CCSA filed a lawsuit against Los Angeles Unified School District (LAUSD) based on LAUSD's failures to comply with Proposition 39 and a Settlement Agreement between CCSA and LAUSD dated April 2008. The lawsuit centers on LAUSD's continued failures to share public school space with all public school students in the LAUSD area, despite clear and unequivocal obligations under the law.
For the 2010-2011 school year, 81 charter schools in LAUSD applied for Prop 39 facilities and yet LAUSD issued only 45 letters purporting to be final offers of facilities. Not one of those purported offers is complied with the law.
- Complaint: CCSA v. LAUSD, including exhibits (PDF 10MB)
- Complaint: CCSA v. LAUSD, exhibits NOT included (PDF 1 MB)
In December 2010, CCSA obtained a court order against LAUSD, requiring LAUSD to offer facilities to every charter school in accordance with law and the terms of the April 2008 Settlement Agreement. For the 2011-2012 Proposition 39 facilities request cycle, which was in progress at the time of the court's order, LAUSD almost doubled the number of its facilities offers to charter schools. Those offers were improved but still failed to comply with law in some respects. For example, the offers still failed to specify charter schools' share of non-classroom and specialized classroom spaces at the LAUSD campuses, as required by law. This failure prompted CCSA to obtain another court order in May 2011, obligating LAUSD to supplement its facilities offers with more specific information about the non-classroom space and specialized teaching space offered to charter schools.
On June 22, 2011, CCSA and LAUSD agreed to stay the litigation. Under the terms of the stay, which was ordered by the court, CCSA will continue to monitor LAUSD's Prop. 39 compliance, among other things. If LAUSD fails to abide by the terms of the court orders, which includes the obligation on LAUSD's part to provide member charter schools with Prop. 39 facilities, CCSA will have the ability to immediately seek redress before the Court, which will be retaining jurisdiction over the case. In addition, CCSA and LAUSD will return to court on June 22, 2012 to determine next steps.
Other Recent Prop. 39 Legal Actions Against LAUSD
New West CMS v. LAUSD, et al. (2008) Los Angeles Superior Court Case No. BS 115979
- Complaint (PDF 500KB)
- Final Decision against LAUSD (PDF 2 MB)
- Post Judgment Ruling against LAUSD (PDF 1.5 MB)
- New West's Opening Brief in the Appeal of this matter in Second District Court of Appeal B21577 (PDF 1.5 MB)
- CCSA's Amicus Curiae Brief (PDF 1 MB)
- Appellate Court's August 19, 2010 Decision (PDF 165 KB)
New West CMS v. LAUSD, et al., (2009) Los Angeles Superior Court Case No. BS 122116
New West CMS v. LAUSD, et al., (2010) Los Angeles Superior Court Case No. BS 126609
Past Prop. 39 Legal Actions Against LAUSD
- CCSA, PUC, et al. v. LAUSD, et al., (2007) LA Superior Court Case No. BS 108934
- CCSA, Green Dot, et al. v. LAUSD, et al., (2007) LA Superior Court Case No. BS 108936
Other Prop. 39 Litigation Statewide
CSBA et al v. SBE et al (Prop. 39 Regs), (2009) Third Appellate District Case No. C061328
About Proposition 39
Prop. 39 was approved by the voters in 2000 with the intent of forcing districts to provide equitable and adequate facilities to charter school students. In exchange for equal access to facilities, charter schools and their proponents agreed to support a measure to lower the voter threshold that districts need in order to pass school bonds (to 55%). LAUSD's three bond measures--K, R, and Y--were approved post-Prop 39 as a result of the bargain.