Today's Fresh Start v. Los Angeles County Board of Education et al.

Summary

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.

  • Print

Case Overview

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.

Case Activity

Ask A Question

From Our Blog

Wildfires: A California Charter School Resource Toolkit & Infographic

To help you plan for potential fires, CCSA vendor [Warren G. Bender Co.](http://wgbender.com/) has put together a helpful guide with

Help the Charter Community Affected by North Bay Area Wildfires

Several families and staff members within the [Pathways Charter School](http://www.pathwayscharter.org/) community have lost their homes due to the devastating North