California School Boards Association et al. v. California State Board of Education (Aspire Public Schools Inc.)
Published: Jul. 28, 2012 | Result Date: Jun. 22, 2012 | Filing Date: Jan. 1, 1900 |Case number: RG07-353566 Bench Decision – Writ issued
Court
Alameda Superior
Attorneys
Plaintiff
Deborah B. Caplan
(Olson Hagel & Fishburn LLP)
Defendant
Gregory D. Brown
(Burnham Brown APLC)
Jennifer A. Bunshoft
(Office of the Attorney General)
Facts
Plaintiffs sued Defendant, alleging that Defendant violated state law that allows for approval of state charters only where it can be demonstrated that the same program cannot be implemented through local charter approval.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the State Board of Education's approval of Aspire Public Schools Inc. violated the law because the record did not support Aspire's claims that its programs could not be provided through locally approved charters.
Result
The Superior Court concluded that the record did not establish that Aspire's program could not be provided through locally approved charters and issued a writ directing the State Board to set aside its approval, but it gave Aspire a year in which to seek local approvals for its state charter schools in order to prevent disruption of the education program at those schools.
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