A Legal Victory for Los Angeles Charter Schools
A recent court ruling has marked a significant win for Los Angeles charter schools, as a judge struck down a controversial policy that would have restricted their access to classroom space across nearly 350 public school campuses. The decision comes just weeks before the new school year begins and is seen as a major step in protecting the rights of students who rely on charter schools.
The policy in question, which was set to take effect this fall, aimed to block charter schools from using spaces at campuses designated for specific programs. These included schools with special programs for Black students, low-performing "priority" schools, and community schools that offer comprehensive support services to students and families. Out of approximately 1,000 campuses in the district, 346 would have been off-limits to charters, which are privately managed public schools serving about one in five L.A. public-school students.
The ruling invalidated key parts of the policy, which had been supported by a majority of the Los Angeles Unified School District (LAUSD) Board of Education. However, it faced strong opposition from charter schools, which argued that the policy violated state law by denying them access to facilities they were legally entitled to use.
Myrna Castrejón, president and chief executive of the California Charter Schools Association, praised the court’s decision, calling it a victory for all public school families. She emphasized that the policy's attempt to exclude charter students from learning alongside traditional district students in shared communities was unlawful under California law.
Despite the court’s ruling, LAUSD still retains the ability to restrict charter placements based on safety or capacity concerns. In a statement, the district expressed satisfaction with most aspects of the ruling, arguing that the charter association had mischaracterized the policy and the court’s decision. The district has not yet decided whether to appeal the ruling.
A Longstanding Battle Over School Access
The conflict over access to school facilities has been ongoing for decades, with numerous lawsuits shaping the landscape. In the 1990s, charter schools initially provided an alternative for overcrowded traditional public schools. However, their growth was met with resistance from unions and political groups, particularly when they sought to use public school campuses. Chartered schools, which are typically non-union, receive per-pupil funding similar to traditional schools.
Over time, enrollment in LAUSD has dropped significantly, largely due to factors such as declining birth rates, immigration, and housing affordability. This has led to a surplus of available classroom space, but competition among schools remains fierce. Supporters of traditional schools argue that their campuses need more room to expand programs that help students succeed, including initiatives like the Black Student Achievement Plan and efforts focused on priority and community schools.
However, many charter schools are also designated as community schools, and LAUSD did not take steps to protect their unique status. While district-run schools have seen a sharper decline in enrollment, some charter schools have also closed or consolidated due to fewer students.
Challenges in a Changing Educational Landscape
The current ruling arrives during a challenging period for both charter and district-operated schools. Federal policies, such as those under the Trump administration, have added complexity to the situation. Despite being pro-charter, the administration has introduced uncertainty through budget cuts and immigration enforcement, which have affected student attendance and graduation ceremonies.
Amy Held, executive director of Larchmont Charter School, highlighted the impact of these changes on high-need students. “You're watching federal funding... likely being disrupted, which impacts some of our highest-need kids,” she said. “There's a palpable fear that is not healthy for anyone.”
Charter association vice president Keith Dell’Aquila noted that the district has been a supportive partner to charter schools and families, offering resources and collaboration during this difficult time.
What the Law Says About Charter School Access
California law guarantees charter schools the right to use public-school facilities that are "reasonably equivalent" to those used by other public-school students. It also outlines a process for charter schools to request space and pay rent to districts.
In his ruling, Judge Stephen I. Goorvitch criticized the LAUSD policy for prioritizing district schools over charters and for being too vague. He concluded that the needs of charter schools must be given equal consideration as those of district-run schools.
Charter leaders have raised concerns that the restrictions could force them to operate out of multiple district campuses, rather than maintaining a single location for their students. A district staff analysis supported these fears, noting that the policy could lead to more multi-site arrangements, increased renovation costs, and challenges in meeting legal obligations to locate charters near where they wish to operate.
The Broader Implications
Critics of the legal obligation for public school districts to share campus space, established by Proposition 39 in 2000, argue that the requirement is cumbersome and often overlooked. While the proposition was primarily promoted for lowering the threshold to pass school construction bonds, its provision requiring shared space has been a point of contention.
Under Proposition 39, charters cannot be excluded from campuses or offered leftover space. The sharing process must be renewed annually, and while some charters have negotiated multi-year agreements, the overall number of requests has declined significantly. For the 2015–16 school year, LAUSD received 101 requests, while for the upcoming 2025–26 year, the district received 38 requests—still representing over 9,300 students. Six of these charters will have to operate out of more than one district site.