This is a follow-up to Legal Update 39-2016 from last November, which discussed the court of appeal decision Anderson Union High School District v. Shasta Secondary Home School (“SSHS”) about where charter schools may be located. The court ruled in favor of Anderson Union and against SSHS, a charter school, finding that whether a charter operates a classroom-based facility or a “resource center” with only, e.g., work stations, a small library, some desks and a white board, it is subject to the geographic limitations of the Education Code that a charter school can be located only within the boundaries of the public entity that sponsored the charter school.

LEGAL UPDATE

February 2, 2017

To: Superintendents, Member School Districts (K-12)

From: Frank Zotter, Jr., Senior Associate General Counsel

Subject: Supreme Court Declines to Review Decision about Where Charter Schools Can be Located

Memo No. 04-2017

This is a follow-up to Legal Update 39-2016 from last November, which discussed the court of appeal decision Anderson Union High School District v. Shasta Secondary Home School (“SSHS”) about where charter schools may be located. The court ruled in favor of Anderson Union and against SSHS, a charter school, finding that whether a charter operates a classroom-based facility or a “resource center” with only, e.g., work stations, a small library, some desks and a white board, it is subject to the geographic limitations of the Education Code that a charter school can be located only within the boundaries of the public entity that sponsored the charter school.

SSHS sought review of the court of appeal’s decision by the Supreme Court, but the Supreme Court turned down that request on January 18. It also declined to order the court of appeal’s decision “not published,” so that the appellate decision now sets precedent throughout California.

As a consequence of the ruling, both classroom-based and nonclassroom-based charter school programs must be located within the jurisdiction of the authorizing district. There are limited exceptions to this rule under Education Code § 47605.1 et seq., allowing a charter school to establish a resource center or similar facility in an adjacent county under certain conditions. Anderson Union and SSHS, however, are both located in Shasta County.

Implications for Districts

As we suggested at the time this decision was originally released, districts should review existing approved charter schools and, in concert with legal assistance, assess the possible application of this ruling for their charter schools. Districts that are the authorizing entities for out-of-jurisdiction charter schools, or those that have another district’s charter facility located within their territory, should advise their boards of the ruling. Those districts in the latter category will want to give notice to any existing charter schools whose location violates this ruling.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice. Application of the law may vary depending on the particular facts and circumstances at issue. We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

Supreme Court Declines to Review Decision about Where Charter Schools Can be Located (K-12)

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