Association of California School Administrators - Trial court rules SBE had authority to OK benefit charters

Trial court rules SBE had authority to OK benefit charters

A lawsuit involving ACSA and others against the State Board of Education over the issue of statewide benefit charter schools has received an initial unfavorable ruling at the trial court level. The court ruled that the State Board of Education was within the scope of its authority in issuing a statewide benefit charter to Aspire Public Charter Schools.

The lawsuit was initially filed at the end of 2007 over action taken by SBE in January of that year. ACSA joined the lawsuit, along with the CSBA Education Legal Alliance, California Teachers Association and Stockton Unified School District.

ACSA and the other plaintiffs believe the SBE’s action usurped local LEA involvement, oversight and establishment of future Aspire Charter Schools. With this action, Aspire has the ability to locate and establish charter schools wherever it deems appropriate. No LEA review or input would be required.

ACSA Management Services Executive Brett McFadden said the association feels that SBE went beyond the scope of its statutory authority. “Our argument is not against Aspire – they provide a good service,” McFadden said. “Our argument is against the State Board’s legal rationale.”

McFadden said ACSA’s understanding of the Education Code as it covers statewide benefit charters is that such entities must serve a population not already being served within the realm of standard public education and that they must have a unique educational delivery system that is not offered by an LEA.

Plans are already under way for an appeal of the trial court ruling. The initial interpretation from the attorneys handling the case is that the trial court judge may not have fully grasped the issue, because his analysis did not seem to address the plaintiff arguments raised in the lawsuit.

“This may be an issue that we have to let a higher court answer,” McFadden said. “And this is the exact reason the ACSA Board of Directors created the ACSA Education Legal Support Fund. It is apparent that, increasingly, the legal arena is becoming another battleground for public education advocates.”

ACSA is coordinating with CSBA’s Education Legal Alliance on this suit. The ELSF is guided by an advisory committee, chaired by ACSA Past President Bob Lee and comprising school attorneys, superintendents, a county superintendent of schools and members of CSBA’s Education Legal Alliance.

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