California Supreme Court Grants CCSA Petition for Review of LAUSD Prop. 39 Case
April 22, 2013 On April 17, the California Supreme Court (Court) granted CCSA's Petition for Review in CCSA's case against Los Angeles Unified School District's (LAUSD) implementation of Proposition 39. As you may recall, in January, the Court of Appeal published a decision holding that LAUSD had the discretion to use norming ratios instead of using the facilities inventory methodology required by the Prop. 39 Implementing Regulations. The Court of Appeal based its conclusion on the determination that the LAUSD practice was "consistent with the intent of Proposition 39."
CCSA sought the Court's review in February. We urged the Court to consider whether LAUSD may disregard statewide regulations adopted by the State Board of Education for the purpose of implementing Prop. 39 and use its own methodology to determine how many classrooms to offer to charter schools. Many charter school supporters filed letters supporting our request, including about 20 charter schools, Pacific Legal Foundation, Parent Revolution, and prominent charter school leaders, including Reed Hastings and Ted Mitchell. We greatly appreciate these efforts, as they most likely contributed to the Court's decision to review this important statewide issue.
As a result of the granting of our Petition for Review, there is no current judicial precedent either approving or rejecting LAUSD's use of "norming ratios" to calculate charter school classroom offers. The status of this issue remains where we started a year ago with CCSA continuing to maintain that the use of "norming ratios" is unlawful under Proposition 39 and its implementing regulations. If you have any questions about how this case affects your current Prop. 39 offer, we urge you to contact your legal counsel, including the attorney you are working with in CCSA's Pro Bono Legal Review Program.
We will keep members informed as the case progresses.