The California Charter Schools Association is accusing the Los Angeles Unified School District of failing to provide adequate facilities to house dozens of charter schools, as required under state law.
According to a lawsuit filed Monday, only 45 out of 81 charter schools have been approved for facilities. None of the buildings approved comply with the law's requirements, the Charter School Association says. This is the second time in three years that charters have sued LAUSD for breaching Proposition 39, which gives charters the right to access district facilities. LAUSD settled a similar lawsuit with CCSA that was filed in May 2007. According to the lawsuit:
While some charter schools are fortunate to find space at current or former parochial schools or private schools, many are forced to rent commercial locales at high prices that were not built as schools and that lack basic school facilities – like libraries, play yards, cafeterias, and similar facilities that are common at LAUSD traditional district schools.
Jed Wallace, president and CEO of the CCSA, said the higher rent strips charters' budgets of much-needed funds for student learning.
LAUSD violates Prop 39 every year, forcing charter schools to find and lease expensive, private rental space to house their schools ... Charter schools play an important role in California’s public education and we believe all children have a right to attend school facilities that are equitable to those of traditional public schools.
Ever since charters began in 1992, their relations have been tense with many school districts, who often see the institutions as competitors, snatching away students and much needed per-pupil funding.
A San Diego Union Tribune story found that the conflict around building space also boiled down to cost considerations. For example, the 2006 story said:
Before Proposition 39, districts had full control of their properties. They could sell properties to generate cash or lease them to private entities at market rate to fill funding shortfalls. Not anymore.
Charters now demand the right of first refusal when district facilities become available. Lawyers representing San Diego charter schools say it is illegal for the district to lease surplus properties for extra income instead of offering them to charter schools.
Unlike private entities, charter schools by law don't have to pay market rate. Districts can only charge fees to recover the costs of providing facilities. That means they lose out on lease revenues when their buildings go to charter schools.
There are 166 charter schools located within LAUSD, serving approximately 60,000 students and about 10 percent of the total student population. CCSA's lawsuit is asking for, among other things, the appointment of a special representative to oversee building access compliance and for the district to carry out a five-year plan to address space requirements for charters.
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