January 19, 2017
On January 18, 2017, the California Supreme Court denied a petition for review in the Anderson Union High School District v. Shasta Secondary Home School matter (Supreme Court Case: S238632; Court of Appeal Case: C078491). The Court also denied a request for depublication. Therefore, the Court of Appeal’s decision governs the case and further appeal in a California state court is precluded.
As noted in our prior Alert regarding this matter, the California Court of Appeal of the Third Appellate District held that the geographic restrictions in Education Code sections 47605 and 47605.1 apply to all charter schools, whether classroom-based or nonclassroom-based - See more at: http://aalrr.com/publications/alerts/qp/geographic-restrictions-apply-to-nonclassroom-based-charters#sthash.KXtWlsiu.OG3NkpsA.dpuf. Therefore, under Anderson, no charter school, whether classroom-based or nonclassroom-based, may operate any site, including a satellite facility for nonclassroom based educational support, outside of the geographic boundaries of the authorizing school district but within the same county; they may, however, operate a resource center, meeting space, or other satellite facility in an adjacent county in accordance with the requirements of Education Code 47605.1(c).
We advise all charter school authorizers, as well as charter operators, to be aware of this limitation on any new charter schools and to consult with their legal counsel immediately if any charter schools under their oversight currently operate sites outside of the school district boundaries but within the same county.