CCSA v. OUSD (Proposition 39)

Summary

On March 8, 2016, CCSA filed a lawsuit against the Oakland Unified School District (OUSD) based on its failure to comply with Proposition 39 (Prop.39). The lawsuit centers on OUSD's continued unlawful failures to share public school space with all public school students in OUSD.

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Case Overview

This case centers on OUSD's continued failures to share public school space with all public school students in OUSD. On March 8, 2016, CCSA filed a lawsuit against the Oakland Unified School District (OUSD) based on its failure to comply with Proposition 39 (Prop.39). Despite clear and unequivocal obligations under the law, OUSD continues to prioritize district students and administrators over charter school students in violation of its legal obligations. In 2016, about twenty-six percent (26%) of public school students within OUSD attend charter schools, one of the largest charter school student populations in California.

For years before, and since filing the lawsuit in March 2016, CCSA has monitored the OUSD's Prop.39 compliance and engaged directly with its counsel to urge the district to comply with law and prioritize Prop.39 compliance. OUSD has demonstrated its continued lack of concern for charter school facilities with its 2016-17, 2017-18, 2018-19 offers.

Based upon these continued failures, CCSA filed a second amended complaint in October 2017. The District responded by filing a demurrer challenging CCSA's ability to state a case. The court heard that demurrer on March 22, 2018, rejecting OUSD's claims and determining that the case should be heard in a complex cases court. After the case was transferred to the complex cases court, OUSD filed a motion for summary adjudication. While the court took the matter under consideration, it also ordered the parties to convene again at a supervised settlement conference. On September 25, the court issued a ruling rejecting most of OUSD's arguments.

By way of background, CCSA's lawsuit seeks, among other things, for a Court order commanding OUSD to provide "reasonably equivalent" facilities offers to CCSA's member charter schools operating in OUSD. CCSA alleges that OUSD fails to meet Prop.39 requirements in many ways including:

  • Forcing charter schools to make immediate decision without adequate information
  • Offering only "excess" or leftover space to charter schools
  • Failing to provide an analysis of comparison group schools
  • Failing to offer contiguous facilities
  • Failing to provide facilities near where the charter schools wish to be located
  • Failing to follow legally required methodology for calculating the number of classrooms to offer
  • Improperly calculating specialized and non-teaching station space
  • Failing to offer any analysis of reasonable equivalence compared to comparison group schools
  • Improperly calculating the pro rata share
  • Forcing charter schools to use and pay for OUSD maintenance and operations

For more details, please see selected pleadings under the "Case Activity" tab.

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