Today's Fresh Start v. Los Angeles County Board of Education et al.
On June 11, 2013, the California Supreme Court issued a decision holding that the statutory procedures for revocation of a charter are sufficient to satisfy constitutional due process requirements.
On June 11, 2013, the California Supreme Court issued a decision in Today's Fresh Start, Inc. v. Los Angeles County Board of Education et al., holding that the statutory procedures for revocation of a charter are sufficient to satisfy constitutional due process requirements. The Supreme Court rejected Today's Fresh Start's bias and due process claims, some based on the lack of an adequate record. The Court asserted that the requirements of due process are more flexible in administrative adjudications and found that the legislature's choice of procedures comported with due process. The case before the Supreme Court came from the Second District Court of Appeal, which overturned the trial court's ruling and held that a charter school is not entitled to an evidentiary hearing before an unbiased decision-maker prior to revocation.
CCSA filed an amicus curiae brief arguing that the court need not address constitutional due process principles in this case because LACOE did not comply with Education Code section 47607 before revoking the school's charter. This section governs charter revocation, and requires an authorizer to take at least six procedural steps in the revocation process, including providing specific notice to the charter school and a reasonable opportunity to remedy the concerns. Additionally, CCSA pointed out that after the LACOE's revocation process occurred, the State Board of Education ("SBE") adopted regulations that govern future charter school revocation proceedings.
- July 11, 2013: The California Supreme Court issued its decision in the case. Today's Fresh Start, Inc. v. Los Angeles County Office of Education: Decision issued by California Supreme Court
- May 30, 2013: The California Supreme Court held oral argument.
- March 19, 2012: CCSA filed amicus curiae brief
- February 16, 2012: TFS filed Reply Brief
- January 26, 2012: LACOE filed Answer Brief
- December 28, 2011: TFS filed Opening Brief
- July 12, 2011: The Second District Court of Appeal issued its decision. Today's Fresh Start v. LACOE, et al: Decision Issued by Cal. App. Ct.
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