CSBA, San Jose USD v. SBE, Promise Academy

Summary

This case involves a challenge to the State Board of Education's (SBE) approval on appeal of the charter petition for Promise Academy. The trial court found in favor of the SBE.

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This case involves a challenge to the State Board of Education's (SBE) approval on appeal of the charter petition for Promise Academy. The trial court found in favor of the SBE.

In March 2018, the California School Boards Association (CSBA) and San Jose Unified School District ("District") filed a petition for writ of mandate and complaint for injunctive and declarative relief against the SBE, alleging the SBE was required to consider the charter petition in the form it was denied. Here, both the SJUSD and the Santa Clara Board of Education considered and denied Promise Academy's petition for a charter school serving grades K-12, but the SBE approved the petition for grades K-8. The trial court rejected the CSBA and District's arguments that the SBE had no authority under the Charter Schools Act to approve a petition with material revisions other than those necessary to reflect the SBE as the authorizer. The court found that the CSBA and the District could not identify "any clear statutory language in section 47605 or legislative history demonstrating an intent to limit an agency (whether local district, county board, or SBE) in its ability to modify a proposed charter when deciding whether to grant or deny 'the petition.'" The court further rejected the argument that the change of grade level should have been considered a "material revision," as a material revision could only be considered after a petition is approved.

CCSA is following this case closely for the immediate implications for Promise and its planned 2018 opening, and for broader implications. Promise, as the Real Party in Interest, was represented by Hansberger & Klein.

Timeline

  • July 5, 2018: Court finds in favor of SBE and issues Trial Court Decision.
  • March 19, 2018: CSBA and San Jose USD file Verified Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief.

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