April 18, 2013
The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, April 17, 2013. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
California Charter Schools Association v. Los Angeles Unified School District, S208611—Review Granted—April 17, 2013
The question presented is whether a school district may use norming ratios as a method of assigning classroom space to charter schools under California Code of Regulations, title 5, section 11969.3, subdivision (b)(1), which states, “Facilities made available by a school district to a charter school shall be provided in the same ratio of teaching stations (classrooms) to [Average Daily Attendance] as those provided to students in the school district attending comparison group schools.”
In California Charter Schools Association v. Los Angeles Unified School District (2012) 212 Cal.App.4th 689, a published opinion authored by Los Angeles Superior Court Judge Edward Ferns (sitting by assignment), the Court of Appeal, Second District, Division Five, held that the school district’s use of norming ratios to determine the number of classrooms to provide to charter schools did not violate the regulation. The court found the use of norming ratios was consistent with the goal of Proposition 39 to ensure that facilities are shared fairly among all public and charter school students.
Review Denied (with dissenting justices)