Charter schools celebrate victory as court ends L.A. Unified policy

A Legal Victory for Charter Schools in Los Angeles

A recent court ruling has delivered a significant win for charter schools in Los Angeles, striking down a controversial policy that would have severely limited their access to classroom space at public school campuses. The policy, set to take effect as the new school year begins, aimed to prevent charters from using space at nearly 350 campuses across the district.

The policy targeted campuses with specific designations, including those offering special programs for Black students, low-performing "priority" schools, and community schools that provide comprehensive support services to students and families. As a result, approximately 346 out of 1,000 campuses would have been off-limits to charter schools, which are privately managed but publicly funded institutions.

This decision invalidates key parts of a high-profile policy supported by a majority of the Los Angeles Unified School District (LAUSD) Board of Education. However, the policy faced strong opposition from charter schools, which argued that it violated state law by denying them access to facilities they are legally entitled to use.

Myrna Castrejón, president and CEO of the California Charter Schools Association, praised the ruling, calling it a victory for all public school families. She emphasized that the court recognized LAUSD’s attempt to exclude charter students from learning alongside traditional district students as a violation of California law.

There are currently 235 charter schools within the LAUSD, more than any other school system in the country. Despite the court’s decision, LAUSD will still be allowed to restrict charter placements based on safety or capacity concerns.

The district expressed satisfaction with the ruling, stating that the charter association had mischaracterized the policy and the court's decision. They remain committed to serving all students while meeting legal obligations. It is unclear whether LAUSD will appeal the ruling.

A Longstanding Conflict Over School Access

The conflict over access to school facilities has been ongoing for decades, marked by numerous lawsuits. In the 1990s, charter schools initially provided an alternative for overcrowded traditional public schools. However, they faced resistance from unions and political groups when they used available space in district-run campuses.

Charter schools are typically non-union and receive per-pupil funding similar to traditional public schools. Over time, factors such as declining enrollment, housing affordability, lower birth rates, and reduced immigration have led to a 50% drop in LAUSD enrollment since its peak. While this should theoretically increase available space, competition for students remains intense.

Supporters of traditional schools argue that their campuses need more space to offer expanded programs that help students succeed. They claim that the existing process for allocating space to charters is unfair and undermines efforts like the Black Student Achievement Plan, priority schools, and community schools.

However, many charter schools are also designated as community schools, and LAUSD did not take action to protect their unique status and mission.

Challenges in a Shared Crisis

The current ruling comes at a difficult time for both charter schools and district-operated campuses. Federal policies under the Trump administration, despite being pro-charter, have created uncertainty. Both LAUSD and charter schools have worked together to support immigrant students and their families during periods of heightened immigration enforcement.

Federal funding cuts and increased fear among immigrant communities have impacted attendance and graduation ceremonies. Amy Held, executive director of Larchmont Charter School, highlighted the growing sense of fear among students and families, which she said is unhealthy for everyone involved.

Keith Dell’Aquila, vice president of the charter association, noted that the district has been a supportive partner to charter schools and families. This includes sharing resources and being open to communication and collaboration.

What California Law Says

California law guarantees charter schools the right to use public-school facilities that are “reasonably equivalent” to those available to other students. The law also outlines a process for charter schools to request space and pay rent to districts.

The LAUSD policy, approved by the board in 2024, was deemed too vague and prioritized district schools over charters. Judge Stephen I. Goorvitch ruled that charter schools must be given the same consideration as district-run schools.

Charter leaders have expressed concerns that the restrictions could force them to operate from multiple campuses, increasing costs and making it harder to meet legal requirements. A district staff analysis confirmed these worries, noting that the policy could lead to more multi-site arrangements and higher renovation costs.

Critics of the policy argue that the legal obligation for districts to share space was a minor part of Proposition 39, which was primarily focused on lowering the threshold for passing school construction bonds. Under Proposition 39, charters cannot be excluded from campuses or offered leftover space.

The process for sharing space is cumbersome and must be restarted annually. Most charters have found alternative arrangements, with some negotiating multi-year agreements with LAUSD.

For the 2015–16 school year, LAUSD received 101 requests for space. For the upcoming 2025–26 school year, the district received 38 requests, representing over 9,300 students. Six of these charters will have to operate from more than one district site.