CSBA et al v. SBE et al (Prop. 39 Regs), (2009) Third Appellate District Decision

An appellate court recently validated all the Prop. 39 regulations in a unanimous opinion authored by the future Chief Justice of the California Supreme Court. The Third Appellate District granted CCSA's appeal, upholding the regulations that prevent a district from moving a conversion charter school after its first year of operation without a waiver from the SBE, among other things. The court rejected the arguments made by CSBA and its co-plaintiffs that the SBE went beyond its authority in enacting the Prop. 39 regulations. The court's opinion means that the SBE's 2008 Prop. 39 regulations remain valid and will continue to apply to the 2011-12 facilities request cycle.