CHARTER SCHOOL PETITION APPEALS

California School Boards Association’s Education Legal Alliance v. State Board of Education – California Court of Appeal, Third District (Case No. C099069)

MEMBER(S) INVOLVED: Napa Valley Unified School District

IMPORTANCE OF STATEWIDE ISSUE:

The reform of the appeals process for charter school petitions that have been denied by school district and county office governing boards and sent to the State Board of Education (SBE) was a key part of Assembly Bill 1505 (2019). The SBE failed to comply with several of the AB 1505 reforms when it reversed the denials of the Mayacamas Charter Middle School (MCMS) petition by the Napa Valley Unified School District (NVUSD) and the Napa County Board of Education (NCBOE) in September 2022. As a result of this decision by the SBE, local governing boards that are charged with the authority to approve or deny charter school petitions, and oversee those that are approved, will find it difficult to follow the reforms in AB 1505 unless the SBE’s action that misinterpreted and misapplied those reforms is reversed by the court.
SUMMARY OF THE CASE:
On Jan. 10, 2023, CSBA’s ELA filed a Writ of Mandate and Complaint for Declaratory Relief in the Sacramento County Superior Court. (NVUSD previously filed its Writ of Mandate in December 2022 and the cases were heard concurrently.) The SBE is named as the respondent/defendant and because of the charter school’s direct and immediate interest in the litigation, the Napa Foundation for Options in Education (nonprofit corporation petitioning to establish and operate MCMS) has been named as a real party in interest.

On June 29, 2023, Judge Shellyanne W.L. Chang granted the ELA’s and NVUSD’s Writs of Mandate, finding the SBE abused its discretion in granting the appeal, and ordered the SBE to set aside its decision to grant the charter appeal. The ELA filed its Writ alongside a similar Writ of Mandate by NVUSD to represent the statewide interests of governing boards who serve as local charter authorizers and to ensure that the legislative intent of AB 1505, which limited the SBE’s role in charter appeals, was carried out. Both the ELA and NVUSD prevailed in this first lawsuit to test the new standard for State Board review under AB 1505.

The court concluded that “there was no proper legal basis for the State Board’s decision in this matter” so “the State Board decision must be set aside.” The court directed the SBE to file with the court, within 30 days, a document setting forth how it complied with the ruling. This case is a victory for NVUSD and for school districts and county offices of education statewide as it reinforces the discretion due to their decisions on denial of charter petitions under AB 1505.

On Aug. 3, 2023, the Napa Foundation for Options in Education filed an appeal of Judge Chang’s order in both matters.

CURRENT STATUS AND/OR OUTCOME:
The parties are currently litigating Napa Foundations for Options in Education’s appeal in the Third District Court of Appeal. The case has been briefed by all parties. The ELA hopes for a decision in early 2025.
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