Update: CCSA v. LAUSD (Prop. 39 Litigation)
December 7, 2012 Update: CCSA v. LAUSD (Prop. 39 Litigation)
Yesterday the California Court of Appeal issued a brief decision in CCSA's Prop. 39 litigation against LAUSD. In an unpublished opinion, the court upheld LAUSD's use of "norming ratios" when assigning classrooms to charter schools, finding that the practice is "consistent with the intent of Proposition 39." CCSA is currently evaluating the decision and potential next steps. CCSA will inform you immediately if we take further action to challenge the decision.
As you may recall, CCSA had prevailed in the Superior Court on June 27 in its challenge of LAUSD's use of the "norming ratios" to allocate classroom space, rather than adhering to the Prop. 39 regulations which govern the allocation of classroom space. This court decision is limited to the unique facts of LAUSD and is not authoritative outside of LAUSD. The decision does not affect charter schools applying to other districts for Prop. 39 facilities. If you have applied for Prop. 39 facilities to a district other than LAUSD and your district references this court decision, we encourage you to notify CCSA.
How will this decision affect my charter school?
We understand that LAUSD has been using "norming ratios" in prior years to allocate classroom space under Prop. 39. The Court of Appeal's decision simply allows LAUSD to continue this practice. Therefore, we believe that the practical impact on charter schools requesting and occupying LAUSD facilities under Prop. 39 will be quite minimal, because future facilities offers under Prop. 39 will likely be based on this continued practice.
Does this mean that CCSA's case against LAUSD is over?
No. This Court of Appeal decision only invalidates one court order of the three court orders which CCSA has obtained against LAUSD over the past two years. The other two court orders - requiring LAUSD to make offers of Prop. 39 facilities to all eligible charter schools and to provide more detailed descriptions in its offers regarding non-classroom space allocations - remain in full effect and unchanged. The litigation is still active, and CCSA still has the ability to raise objections to instances of Prop. 39 non-compliance during the current 2013-2014 Prop. 39 cycle.
What does an unpublished decision mean?
An unpublished decision is a court decision that is not precedent-setting for other court cases. This decision only affects how LAUSD makes its allocations of classroom space, not allocations made by other districts. The decision is limited to LAUSD's use of "norming ratios" only.
Please contact Phillipa Altmann at (213) 244-1446 x245 if you have any questions.