CSBA v. CSBE, No. RG07353566 (Cal. Super. Ct. May 22, 2008)
The Alameda County Superior Court (trial level court) has dismissed a suit brought by the California School Boards Association (CSBA) seeking to overturn the California State Board of Education’s (CSBE) approval of Aspire Public Schools’ (APS) petition to operate a statewide charter school. CSBA argued that CSBE acted in an arbitrary and capricious manner in approving the APS petition. The court found that the statutory scheme and regulations governing the granting of a “statewide benefit” charter provide CSBE with “substantial discretion” in determining whether to approve such petitions. The court agreed that evidence submitted to CSBE was sufficient to support the finding that APS’ proposed state charter school met statutory requirements because it would provide instruction services of statewide benefit that cannot be provided by a charter school operating in only one school district or one county. The court noted that APS’ petition demonstrated that the proposed educational program and operational plan included unique factors and circumstance that could only be accomplished as a statewide benefit charter and not as a single-district or single-county authorized charter. Prior success in an individual school district does not preclude petitioner from obtaining approval, the court noted; instead, this is a requirement of such approval.
CSBA v. CSBE, No. RG07353566 (Cal. Super. Ct. May 22, 2008)
[Editor’s Note: The Oakland Tribune reports that the statute at issue in the suit is a 1994 law allowing the state board to issue such a charter—without local approval or oversight—with a formal finding that the proposed school will provide “instructional services of statewide benefit” that cannot be provided by a charter operating only in one district or county. CSBA’s litigation arm, the Education Legal Alliance (ELA)—later joined by the Association of California School Administrators, the California Teachers Association, and the Stockton Unified School District—claimed the state board had been derelict in its duty in granting the approval in the absence of such proof. ELA director Richard Hamilton vowed to the appeal the decision, which he said "will open the door and encourage charters to bypass local school districts and county offices of education in an attempt to avoid local oversight." He added, “There should be particular concern as to whether the [CSBE] is prepared to provide the necessary oversight for this new expansion of charter schools.” Some state legislators believe the current "statewide benefit" provision is a loophole that charter operators are exploiting in order to allowing them to go to the state board to avoid dealing with local boards that are hostile to the concept of charter schools. They have proposed legislation that would restrict the authority of CSBE to approve new charter schools, instead ensuring that power rests primarily with local school boards. See the second link below.]
Source: Oakland Tribune, 5/23/08, By Josh Richman
NSBA School Law pages on California charter school legislation