California School Boards Association Wins Statewide Charter Lawsuit
State Board of Education affirms settlement - Aspire Charter Schools surrenders statewide benefit charter
WEST SACRAMENTO - The California School Boards Association's (CSBA) Education Legal Alliance (ELA) and its partners have prevailed in a 2007 lawsuit against the State Board of Education (SBE) and Aspire Charter Schools, challenging the approval of Aspire’s statewide charters. Today, following a closed session meeting of the SBE, the terms of the settlement were affirmed publicly. In June, the Alameda Superior Court ruled in favor of ELA and found that Aspire did not meet the standards of a statewide benefit charter. Aspire Charter Schools agreed to surrender its statewide benefit charter status, and will be ineligible to seek statewide benefit charter status for a five-year period under the terms of the agreement. SBE agreed to accept the surrender and the conditions of the settlement. SBE and Aspire will pay $300,000 ($150,000 each) in attorney's fees and costs related to the lawsuit up to the date of this agreement. The ELA represents the interests of public education through judicial advocacy and to state agencies. In addition to CSBA, the plaintiffs in the lawsuit included the Association of California School Administrators, the California Teachers Association and the Stockton Unified School District.
The lawsuit was originally filed based on two claims - both of which were supported in the Alameda Superior Court's June ruling. The first claim of the lawsuit - to ensure that statewide charters meet the same standards outlined in the law as locally-approved charters - has been settled with SBE and Aspire per today’s public announcement. The second claim of the lawsuit was to ensure that the SBE consistently follows the administrative procedures outline in the law when reviewing, analyzing and approving statewide charter applications. This claim has been challenged by the SBE and is on appeal. The ELA will continue litigation to ensure compliance with the law.
“Today’s settlement is an important victory for parents and children across the state. Charter schools are a common public education option. It is important that all charters - whether locally approved or state approved - meet the standards established in the Education Code and comply with the law,” explained Keith Bray, ELA director and CSBA general counsel. “As a public school option, statewide benefit charter schools must demonstrate, at the time of application, the same thoroughness and rigor expected of charter schools overseen by local educational agencies (LEAs).”
Since the Alameda Superior Court's ruling, ELA has been working with the SBE and Aspire on a settlement that would support the best interests of the children and families impacted by the court ruling. Aspire Charter Schools applied for local charters in the communities where their schools are operating. Aspire has secured locally-approved charters for all six schools, and will continue providing services to students.
CSBA is the nonprofit education association representing the elected officials who govern public school districts and county offices of education. With a membership of nearly 1,000 educational agencies statewide, CSBA brings together school governing boards, and administrators from districts and county offices of education to advocate for effective policies that advance the education and well-being of the state’s more than 6 million school-age children. A membership-driven association, CSBA provides policy resources and training to members, and represents the statewide interests of public education through legal, political, legislative, community and media advocacy.
CSBA is the non-profit education association representing the elected officials who govern public school districts and county offices of education. With a membership of nearly 1,000 educational agencies statewide, CSBA brings together school governing boards, and district and county office administrators to advocate for effective policies that advance the education and well-being of the state’s more than 6 million school-age children.