California Court of Appeal

In a challenge to the State Board of Education's approval of a statewide charter for a school, brought by the California School Boards Association and others, claiming that the State Board failed to determine and make a finding that the school's instructional services of a statewide benefit could not be provided through individual charters from local school districts, trial court's judgment sustaining defendants' demurrer is reversed where: 1) petitioners have alleged that the State Board did not make the findings required by the statute in approving the school's charter petition; 2) petitioners have stated a legally cognizable claim with respect to their claim that the State Board has failed and refused to enforce the conditions of approval imposed on the school's charter and should be compelled to do so; and 3) petitioners' claims that they are directly affected by the approval of statewide charter schools and have an interest in ensuring their legitimacy, are sufficient to overcome the State Board's contention on demurrer.

Appellate Information

• Decided 07/26/2010
• Published 07/26/2010

Judges

• RIVERA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Deborah B. Caplan, Edmund G. Brown, Jr.