New West Charter Middle School v. Los Angeles Unified School District

Proposition 39, approved in 2000, amended Education Code section 47614 to provide, in pertinent part, “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.” (Ed. Code, § 47614, subd. (b).) Plaintiff and appellant New West Charter Middle School (New West) sought school facilities for the 2008-2009 school year from defendant and respondent Los Angeles Unified School District (LAUSD), pursuant to Education Code section 47614.

LAUSD offered New West a number of classrooms and the shared use of other facilities at Fairfax High School. New West accepted the offer; thereafter, LAUSD purported to withdraw it, and refused to allow New West to colocate at Fairfax. New West sought and obtained writ relief requiring LAUSD to provide facilities at Fairfax or another location satisfying LAUSD’s duties under Education Code section 47614. LAUSD then offered facilities at Logan…