Legal challenges continue to be a major obstacle in the charter school movement. Many schools are forced to divert financial resources away from important educational programs in order to address challenges such as overregulation by authorizers and facilities inequities, among other things.
CCSA established the Charter Schools Legal Defense Fund (LDF) with the goal of providing California charter school students continued access to programs, facilities, and resources needed for high-quality education.
The Charter Schools Legal Defense Fund:
- Litigates key issues which substantially impact California's charter school movement
- Monitors and participates in State and Federal cases that are focused on key charter school issues
- Contributes to the expansion of the charter school movement's legal capacity
- Coordinates a program offering certain pro bono and reduced rate incorporation services.
- Participates in charter school trainings on topics such as Proposition 39 applications and incorporation practices.
- Considers applications for and issues 24-month, zero-interest loans for legal support to CCSA member schools and developers facing unfair treatment by their school districts/authorizers or who are confronting other barriers in the expansion of the charter school movement.
Loan issuance is subject to:
- Charter school applicant's fulfillment of LDF Loan Program criteria
- Charter schools applicant's completion of LDF Loan Application process
- CCSA's determination of capacity
Recent Legal Actions
On May 24, 2010, CCSA filed a lawsuit against LAUSD based on LAUSD's failures to comply with Proposition 39 and a Settlement Agreement between CCSA and LAUSD dated April 2008. After obtaining two favorable court orders in the case compelling LAUSD's compliance with Prop. 39, CCSA obtained a stay of the case in June 2011, allowing CCSA to monitor LAUSD's compliance with Prop. 39 and the court to retain jurisdiction of the case. Learn more about this lawsuit and the LDF's work on Prop. 39 matters at www.equalschoolspace.org
Court Ruling Could Have Implications for Statewide Benefit Charter Decisions
On July 26, 2010, the Court of Appeal of the State of California for the First Appellate District issued its decision on an appeal filed by the California School Boards Association (CSBA) on a suit against the State Board of Education (SBE) and Aspire. If left unaddressed, the decision could undermine the SBE's authority and ability to set its own procedures, to administer the work related to reviewing statewide benefit charters, and will require the SBE to comply with the two-pronged test articulated by the Appellate Court. Download a Factsheet
CCSA wins Prop. 39 appeal for conversion schools; CSBA's attempt to invalidate regulations fails
An appellate court recently validated all the Prop. 39 regulations in a unanimous opinion authored by the Chief Justice of the California Supreme Court. The Third Appellate District granted CCSA's appeal, upholding the regulations that prevent a district from moving a conversion charter school after its first year of operation without a waiver from the SBE, among other things. The court rejected the arguments made by CSBA and its co-plaintiffs that the SBE went beyond its authority in enacting the Prop. 39 regulations. The court's opinion, and the California Supreme Court's denial of review of the case, means that the SBE's 2008 Prop. 39 regulations remain valid and will continue to apply to the 2011-12 facilities request cycle and future cycles. Read the Appellate Court's December 30, 2010 Decision.
Compilation of Selected Laws Applicable to Charter Schools
In partnership with the law firm Procopio Corey Hargreaves & Savitch, CCSA's LDF publishes a Compilation of Selected Laws Applicable to Charter Schools. This booklet is a handy reference for charter school operators and board members-- bookmark it or print it out and keep it handy for easy desk reference. It contains all the relevant legislative and regulatory changes affecting charter schools in 2011.