California appellate court rules that district can use norming ratios to determine classroom space for charter schools
California Charter Sch. Ass’n v. Los Angeles Unified Sch. Dist., No. B242601 (Cal. App. Ct. Dec. 5, 2012)
Abstract: The California Court of Appeals, Second Appellate District, has ruled that the Los Angeles Unified School District (LAUSD) did not violate state law, specifically Proposition 39 (Prop 39), which requires public school districts to share their facilities fairly among all public school pupils, including those in charter schools, when it used norming ratios to determine classroom space for charter schools. The appellate court concluded that LAUSD’s “use of norming ratios is consistent with the intent of Proposition 39″ because it furthers the goal of ensuring that public school facilities are being shared fairly among all public school pupils, and that the charter schools’ in-district students are being accommodated in conditions reasonably equivalent to those in which they would be if they were attending other public schools of the District.
Facts/Issues: Under Section 47614 of the California Education Code (Prop 39), “Each school district shall make available, to each charter school operating in the school district, facilities sufficient for the charter school to accommodate all of the charter school’s in-district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district.” The California Charter Schools Association (CCSA) filed two suits against LAUSD, alleging the school district had failed to comply with Prop 39 in extending facilities offers to charter schools.
LAUSD and CCSA entered into a settlement agreement to resolve the suits. CCSA subsequently filed suit in state court against LAUSD, alleging a breach of the settlement agreement and violation of Prop 39. CCSA claimed LAUSD’s facilities offers for the 2012-2013 school year failed to provide facilities to charter schools in the same ratio of teaching stations (classrooms) to ADA [Average Daily Attendance] as those provided to students in the school district attending companion group schools, as required by Regulation Section 11969.3(b)(1). CCSA objected to LAUSD’s use of norming ratios used for the school district’s students.
The trial court ruled that LAUSD’s use of norming ratios to determine the number of classrooms to provide to charter schools violated California Code of Regulations, title 5, Section 11969.3 (b)(1) and ordered LAUSD to refrain from using “norming ratios” to reduce teaching stations offered to charter schools in the future.
Ruling/Rationale: The appellate court reversed the trial court’s decision. The appellate court read Regulation Section 11969.3(b)(1) as requiring LAUDS to provide its facilities to charter schools in a manner that will promote the intent of Prop 39 of public school facilities being shared fairly among all pupils, including those in charter schools. As a result, the court drew a distinction between facilities that are “provided” and “classroom inventory.”
The appellate court rejected CCSA’s interpretation of the statute because it could lead to “anomalous results,” such as a school district having “to count classrooms that have been contracted for but not yet built and classrooms at closed school sites.” Instead, it found LAUSD’s use of norming ratios “furthers the goal of ensuring that public school facilities are being shared fairly among all public school pupils and that the charter school’s in-district students are being accommodated in conditions reasonably equivalent to those in which those students would be accommodated if they were attending other public schools of the District.”
California Charter Sch. Ass’n v. Los Angeles Unified Sch. Dist., No. B242601 (Cal. App. Ct. Dec. 5, 2012)
[Editor's Note: On December 7, 2012, Howard Blume of the Los Angeles Times reported on this decision, noting that LAUSD had painted a grim scenario, in which charter students would enjoy small classes at a neighborhood campus that could see its own students bussed elsewhere and deprived of rooms needed for services to disabled students and students learning English, among others.
Attorney David Huff, who represented LAUSD, said "hundreds of classrooms across the district" would have been affected. He added that charters would have been provided space at an average rate of 15 students per classroom, whereas the district average is about 26 per classroom.
According to the news report, Julie Umansky, CCSA's attorney, challenged whether LAUSD students would have faced any hardships. "There was no evidence to support any of those assertions," she said. The original court order "would have required the district to go through its inventory and evaluate classroom space. We would hope that would have resulted in more classrooms available for charter schools."]
