PUBLISHED: September 2015
CA Charter School Assn had asked Court to depublish appellate decision
Last week, CSBA’s Education Legal Alliance filed an amicus letter opposing the California Charter School Association’s request of the California Supreme Court to depublish the appellate decision in Westchester Secondary Charter School v. LAUSD. State law requires local education agencies (LEAs) such as districts or county offices of education to “make reasonable” efforts to facilities “near” to where charters “wishes to locate.” The Westchester decision clarifies this requirement, which otherwise creates a situation ripe for litigation. The court first held an LEA did not have to offer space at the specific location requested by the charter. Additionally, the court held an LEA could consider the impact on district students and students from other charter schools in determining where to offer space to the charter. If approved, the request to depublish would prevent other districts from relying on the decision as precedent in responding to future charter facility requests.