CCSA Responds to NonClassroom-Based Court Ruling
October 24, 2016 On October 17, 2016, the California Court of Appeals (Court) issued its decision in the Anderson Union High School District v. Shasta Secondary Home School (Shasta) appeal and case. The Shasta case concerned the establishment of a resource center by Shasta Secondary Home School (SSHS), a nonclassroom-based charter school, outside the geographic boundaries of its authorizing school district and within the county of authorization in a neighboring school district, Anderson Union High School District (AUHSD). In a strict reading of the Charter Schools Act, the Court ruled that SSHS was not permitted to open a resource center within AUHSD. CCSA issued a statement following the court's ruling.
We are very disappointed by the decision of the Court. The Court's decision contravened the long standing interpretation of the relevant provisions of the Charter Schools Act that contributed to many nonclassroom-based charter schools establishing such resource centers. While the decision will not be final until November 16th, and technically only applies to SSHS, it could likely impact thousands of students and families attending nonclassroom-based charter schools at resource centers located outside authorizing school district and within the county of authorization across the state. We know that school districts, like many of our nonclassroom-based charter schools, having been monitoring and anticipating the Court's decision. As a result of the decision, students and families will have uncertainty about the applicability of the Shasta decision to their resource center program, and whether their resource center will remain open.
CCSA convened a conference call for nonclassroom-based charter schools immediately following the release of the ruling to brief them on the case, our thoughts about how to address the negative consequences of the decision should it remain unchanged and take effect as well as legal, legislative and regulatory options that may be available to address the situation. CCSA, in conjunction with APLUS+ and the Charter School Development Corporation, will be seeking to collect information from nonclassroom-based charters to determine the potential impact of the decision on schools and students in order to support our legal, legislative and regulatory efforts to seek review of the decision and to address the negative consequences on the schools, students and their families. We encourage charter schools to look out for the survey, and respond as soon as possible.