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California Supreme Court Declines Review of Charter Location Case

  • January 20, 2017

January 20, 2017

On January 18, 2017, the California Supreme Court declined to review the appeal of the Third District Court of Appeal’s decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262 (“Anderson“), and also denied the charter school’s request for depublication of the Court of Appeal decision.

As the California Supreme Court declined to review Anderson, the Court of Appeal decision is final, and all charter schools in California must be compliant with the geographical boundary provisions of the Charter Schools Act as described in Anderson.  In Anderson, the Court of Appeal confirmed that charter schools may not locate sites outside of their authorizer’s boundaries unless an exception applies, and the Charter Schools Act provides no exception for independent study resource centers to locate within the authorizer’s county, but outside the authorizing district’s boundaries.  Many districts, both charter authorizers and non-charter authorizers, are impacted by this decision and will need to take action to ensure compliance with it.

For a full analysis of Anderson, please see our previous bulletin.

If you need help understanding the implications of this decision on a charter school your district has authorized, or on a charter school operating in your district’s boundaries that your district did not authorize, please contact us for further information.

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