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Appeals Court Finds in Favor of Bullis Charter School

Court of Appeal reverses lower court finding that LASD had offered "reasonably equivalent" facilities, with potential implications for charter schools across the state.

 

A state appeals court ruled Thursday that the Los Altos School District (LASD) had failed to comply with a state law that requires districts to offer and provide facilities to charter schools that were "reasonably equivalent" to other schools in the district.

In a stunning development with possible implications for charter schools across the state, the three-justice panel of the Sixth District Court of Appeal found LASD did not comply with the law, known as Proposition 39, and its implementing regulations, in the 2009-10 school year. LASD was supposed to analyze the existing space at comparison schools and offer Bullis Charter School "reasonably equivalent" facilities.

Bullis currently operates a kindergarten through 8th grade school on one side of the Egan Jr. High School campus on Portola Avenue.

The 48-page ruling, however, said the court found several deficiencies. The ruling noted that when measuring the space at district-run schools, LASD excluded from consideration more than a million square feet, collectively, from five schools used as comparison schools. Such measurements are needed to do an adequate analysis in order make "a complete and fair" facilities offer.

Such a "significant distortion" by LASD resulted in Bullis Charter students not being afforded "reasonable equivalence" in space and facilities when the offer was made, the court found.

The court noted that the district also overstated the amount of space that it offered Bullis, counting soccer fields that were shared with others and therefore only available to the charter school 40 percent of the time.

The court stopped short of characterizing LASD as acting in bad faith, but pointedly wrote: "There is certainly evidence in the record ... from which such a finding could be made. We decline to do so here."

A full report and analysis will follow on Friday.

Related Topics: BCS, Bullis Charter School, Egan Jr. High School, Los Altos School District, and lasd

Marshall Jackson

9:20 am on Friday, October 28, 2011

I respectfully ask those Anti-Bullis folks to read the 48-page ruling before responding. I think you'll be shocked at the behavior of the LASD administration. Excluding more than 1 million sq. ft. from the 'comparison' schools was not an accident. Every comparison school was understated and Bullis was overstated. You'll see that some of the turf-areas at the comparison schools actually shrunk from 2008 to 2010 according to the LASD's own reports. LASD was unable to explain why their own reports changed over time. This list goes on and on and on. I would love to see LASD step up, do the right thing, and take care of all of our children fairly.

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Bryan Johnson

10:27 am on Friday, October 28, 2011

Let's not forget that this was an appeal, which means that LASD prevailed before. I won't defend all of their arguments, but I think reasonable people can disagree about whether Prop 39 requires that every last square foot of non-teaching space be accounted for. The previous judge agreed with LASD; the appeals court agrees with BCS.

LASD is a very small district, and does not have the kind of monetary or facilities resources assumed by Prop 39 and related legislation. I agree that we need to take care of all children fairly. Going forward, the BCS community will need to help if LASD is to find a site solution which will not massively disrupt and/or impoverish the other LASD schools.

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Ron Haley

11:11 am on Friday, October 28, 2011

Bryan,
Read the decision;
http://www.courtinfo.ca.gov/opinions/documents/H035195.PDF
and I think you will feel differently!

Ron Haley

10:45 am on Friday, October 28, 2011

This ruling finally brings to light the duplicitous behavior of the LASD board and staff that has run unabated over the last 8 years.

As I stated in my article in opposition Measure E, if BCS won the appeal, LASD would be passing on the $3 million inducement BCS offered it to meets it's proposition 39 obligations. And what of the $13.9 million LASD spent on renovating the Gardner Bullis site when BCS offered to renovate it at its own expense. And of course, the multi million dollar legal expenses on both sides. Is LASD going to be required to pay the BCS legal expenses?

The other item buried in the ruling that should really worry the district is the statement that charter schools are "entitled to full funding ". Share of parcel taxes and basic aid monies? Expect to see a lawsuit from the charter to get it's "fair share" of both of these items. Currently LASD is witholding $2 million a year. A successful suit by the charter could find LASD owing BCS in excess of $12 million dollars. Where is this money going to come from - yet another parcel tax??!

The current LASD board reminds me of my old football team - we were small, but we were slow! They should follow Harrigan and fall on their swords. Let's get some honest and competent board members in place now!

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Christy Lin

10:46 am on Friday, October 28, 2011

The whole point of equitably sharing is that no one gets all that they want. BCS won't get all that they want; neither will LASD. They have to share what exists as opposed to BCS getting what's left over. That is what the law says.

I would remind everyone also that only "elected" judges have ruled so far. This ruling comes from THREE "appointed" judges. This ruling carries much more weight.

This community clearly wants a choice school -- because LASD doesn't offer that, BCS is the de facto choice school. I was thrilled to read in the MV Voice that nearly 20% of their students come from Mountain View and that the majority of the kids come from Los Altos proper.

I hope LASD will not appeal this decision but will step up and do what's right. This decision is huge for charter schools in general, but the Los Altos community needs to put this fight behind us.

I think it's a great opportunity for LASD to really rethink their structure. There's been a lot of talk about moving the 6th graders to a separate school. Let's look at that.
Enrollment is declining according to the census and also because of the change in Kindergarten enrollment... that brings more opportunities.

Will there be disruption--for sure... But this can also bring positive change!

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Ron Haley

10:53 am on Friday, October 28, 2011

As for the LASD staff - it's clear that they have been falsifing information for years. These are the same people coming to taxpayers for more and more money, based the projections of staff who falsify figures to support their goals. Can we ever trust them again? I think not! It's time to clean house!

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Bryan Johnson

11:21 am on Friday, October 28, 2011

Ron - I skimmed the decision this morning. Yes, it upholds almost all of the BCS argument. That doesn't mean that the LASD argument was totally unreasonable, it just means that the BCS argument was better.

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Ron Haley

11:57 am on Friday, October 28, 2011

Bryan,
Did you notice all the false data filed by LASD. This wasn't just an argument on the merits. This was a school district falsifying information to win it's point. I think the word is fraud - "deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage."

Lee Levy

11:25 am on Friday, October 28, 2011

It's a great decision for all of LA/LAH/LASD, not just BCS. It's particularly good for all those in favor of choice and innovation in education through out CA.

As for costs to LASD:
LASD should remember if there were no BCS, they'd have to figure out how to accommodate those same students. I can't imagine LASD/LASD parents would be proud to send their kids to facilities like BCS' facilities-either in quantity or quality.

Interesting comments from the judges ruling regarding LASD's 'lack of good faith' with respect to the miscalculation of sq footage. This ruling should be required reading for anyone discussing BCS/LASD.

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Bryan Johnson

1:04 pm on Friday, October 28, 2011

As I said, I think LASD was pushing as hard as they could, and I don't think everyone's motives were pure. I think that if it was fraud, the appeals court would not have declined to find that LASD acted in bad faith.

Lee - Accomodating those students at the existing LASD schools would be much easier than figuring out how to build a new 10-15 acre campus in the local real estate market.

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Ron Haley

1:22 pm on Friday, October 28, 2011

The court said on bad faith "There is certainly evidence in the record ... from which such a finding could be made." i.e. the evidence shows they acted in bad faith. They didn't rule because it didn't want this precident making decision to rest on proving the district acted in bas faith.

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Harold Barton

4:55 pm on Friday, October 28, 2011

The elephant in the room is that, unlike other Charter schools that exist to help disadvantaged areas, BCS is essentially a government-subsidized private school.

The leaders of the school have very specific ideas about education, and if you happen to agree with them all, then great. Otherwise, too bad--go to a public school or pay full price for a private school.

With many extremely high-quality choices available, BCS exists as an alternative approach. It's not "water in the desert" like other charter schools, it's a different vintage of Chardonnay at the Country Club.

Now this would be "fine" (in the narrow sense) if it weren't for the fact that tax dollars are a zero-sum game: BCS takes resources away from local public schools. Sure, the BCS folks will pillar public schools for all of the things they think they do wrong--and they are perfectly entitled to their opinion and may even have a point or two. Public entities like schools aren't very perfect because they need to be run by democratic vote.

This alternative, however, is worse: private appropriation of funds with no democratic accountability.

As a parent of a public school attendee, I continue to wonder why a bunch of rich people are using a law meant for poor people to attack middle-class people. Why don't they just pony up and pay for their own private school?

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Ron Haley

6:34 pm on Friday, October 28, 2011

Harold,
Ah, the politics of envy!
Why don't you read the opinion. BCS students are public school students, requesting nothing more than they would get if they attended LASD.

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Harold Barton

10:27 pm on Friday, October 28, 2011

Envy? How does envy apply to this? How could I possibly envy a freeloader? Would I "envy" some rich guy who panhandled in front of Whole Foods until he paid for his expensive groceries? Actually I'd feel embarrassed for him.

Meanwhile, in the last election, I was treated to hundreds of lawn signs spreading an *utter lie* that my taxes were going to be raised by $781 per year. That's what the sign said. The reality was, that was simply made-up propaganda. I learned this reading the description of the law on the ballot. Anybody who bothered to read the thing would have seen the same thing in black and white: the tax in question was a tiny fraction of $781. Fortunately it passed.

As a new(er) citizen of Los Altos, I had know idea what this was all about. Then I found out; apparently BCS *opposes* the LASD getting any more money, hence they fought the measure tooth and nail. Why? I still have no idea, but I just find the whole thing insane. Why are they attacking us?

My take so far is this: it's a small group of people who have their own vision about a school and a bunch of idiots who robotically enroll there because of the test scores. Like Steve Jobs, they want to Think Different. Unlike Steve Jobs, they want others to pay for their experiments.

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Ron Haley

8:40 am on Saturday, October 29, 2011

Harold,
Check your tax bill, and you'll see that the LASD parcel tax is precisely what the sign said!!! Call Randy Kenyon at LASD and ask him! He'll confirm it! You need to get your facts right before you post.
Proposition 39 basically says that money and facilities follow the student. It's just like a student moving from Santa Rita to Covington. They are all public schools.

"Marcia Brady"

9:22 pm on Friday, October 28, 2011

I agree with Harold Barton 100%! BCS IS a government subsidized private school. Furthermore, there are a significant number of students who left LASD schools to attend BCS and ARE BACK at LASD schools. I find that quite ironic. (My wife works in the LASD, that's why I know). Mr. Barton said it best, BCS needs to pony up and pay for their own private school instead of acting like spoiled rich kids who whine when they don't get what they want. One thing I also know is that BCS teachers get paid a lot more than LASD teachers. I don't know how that works but that isn't right. BCS is a thorn to many.

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Just Mom

11:30 pm on Friday, October 28, 2011

Ron Haley you doth protest too much! This is a private school in a public school costume. Pony up the big bucks and send your children to a private school if you do not care for the offering of the district. It makes me ill to see Bullis Charter School using a law meant to offer better to underserved children for the gain of a bunch of well off children and their parents who DO have a choice in educational circumstances. If anyone is truly being deceitful and abusing the spirit of the law it is Bullis Charter School.

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Ron Haley

12:33 pm on Saturday, October 29, 2011

Are you suggesting we have a "means test" on all incoming LASD students and force the rich ones to go to private schools?

Ron Haley

8:16 am on Saturday, October 29, 2011

Marcia,
Unlike you, I don't have family working at LASD or BCS. I have children in both LASD and BCS, so my interest is in improving education in LASD as a whole.

You unfortunately have a lot of your facts wrong. The average fully loaded teacher salary in LASD is $99,000. The average for Santa Clara county is $80K. The average for BCS is $68,000. i.e. LASD loaded salaries are 45% higher than BCS.
I suggest you read the opinion from the court - you'll be shocked at the LASD behavior!

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Ron Haley

8:44 am on Saturday, October 29, 2011

Further Marcia,
Using your argument, we should convert Gardner Bullis to a private school, because the majority of students attending it are from Los Altos Hills - the majority of students attending BCS are from Mountain view and Los Altos.

Ron Haley

8:48 am on Saturday, October 29, 2011

Oops - that's how we got here in the first place - let's close the "rich students" school. The "Politics of Envy" is a powerful driving force. If you want to see it in full force, attend an LASD board meeting :)

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suzi berry

12:12 pm on Saturday, October 29, 2011

part 1 - Clearly missteps have happened over the years that have enabled the two communities - LASD and BCS - to "other" each other. But really, we are the same. BCS kids look just like Gardner Bullis or Covington kids - the same messy hair and scruffy sneakers, the same happy grins and earnest attempts to learn. I am certain we all love our kids equally and want the very best for them. Those of us that chose BCS did so because we wanted public education and an innovative approach, not because we wanted anything unfortunate for anyone else. As for the perception that we are a bunch of rich families, sure there are families of means at BCS, but there are all kinds of families. And I have to believe there are families of means at other LASD schools, too. BCS has families from all over Los Altos and Los Altos Hills – we are a community school in the truest sense. I know many find the suggested donation of $5000 at BCS objectionable, and in truth we would all probably rather not have to give so much, but since we get $4000 less per student than at LASD schools, we have to fundraise like crazy to make up the difference. And while $5000 is a lot, it is less than most local preschools cost, so we figured it was justifiable for something as important as grade school. Some families give more and some give less according to their means, which I think represents community spirit at its best.

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Harold Barton

2:35 pm on Saturday, October 29, 2011

You seem to have trouble with the English language. Let me help you here.

"Envy" means: "A feeling of discontented or resentful longing aroused by someone else's possessions, qualities, or luck".

The last part of the sentence is key: "possessions, qualities, or luck".

I want none of those things from the BCS regime, and nobody here is talking about anything of the kind. For that matter, I don't want any ACTUAL THING from the BCS regime except to leave my child's school alone and to quit sabotaging our normal democratic process.

Envy, properly defined, is not part of this debate. But it sounds kinda "bad" (especially to LA residents who are typically envied themselves) so the BCS regime adds the word to the discussion in hopes of convincing dum-dums of their position. Typical "ends justify the means" behavior.

And here's the gross irony: at my child's public school, of dozen or so parents I know so far, I'd say that at least half of them have a net worth in excess of $10m. Probably all of them are millionaires in terms of net worth. Hello? This is an affluent area.

So in typical fashion, a BCS supporter is using a term they know is patently misleading and false, but they think that's okay because it will provoke an emotional reaction to help their cause.

So yeah, "affluent people are often the victims of 'envy', so why not use that term?"

The truth has no part to play here: the ends justify the means.

ron watcher

11:30 am on Saturday, October 29, 2011

Ron, you're a really sad guy. I'm looking at these posts and I realize you're sitting by your computer 24 hours a day, ranting and venting your spleen. Get a life and find something productive to do.

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Ron Haley

11:38 am on Saturday, October 29, 2011

Ah, lets attack the messenger! At least have the courage to post under your own name!

suzi berry

12:22 pm on Saturday, October 29, 2011

part 2 - It is kind of funny to hear BCS characterized as rich and entitled because it looks like we go to school in an overcrowded trailer park, while other LASD campuses look like country clubs in comparison. But I guess I understand why people on all sides are mad, sometimes I get really upset, too. I’m not saying I know what the solution is, it’s a very complicated situation. I am hopeful, though, that in our wonderful, very fortunate community of Los Altos/Los Altos Hills, we can take the steps necessary to put the disagreements between a few adults behind us, and move forward in a positive manner for all of our children. Fear can make us say and do crazy things. But when we see our childrens' scruffy sneakers, or take in their wonderful lopsided grins, let's try to remember that we all have a similar pair of sneakers by the garage door, or children with equally endearing smiles. Let’s try our best to move forward in a positive, mature way for the sake of all of our children.

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ron watcher

1:19 pm on Saturday, October 29, 2011

Ron,how sad, you responded within two minutes of my comment, I guess my point is right on the mark. Get away from this sad little obsessions of yours, it's a beautiful day here in the Bay Area. You need to go outside and get some fresh air AND get a life!

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Harold Barton

2:03 pm on Saturday, October 29, 2011

Creepy creepy liars. That's what I've learned to expect out of the BCS millionarie freeloaders. Ron here continues to proliferate the LIE they spread on lawn signs all over town: that Measure E would impose a $790 tax on everybody.

$790 sounds like a lot. It probably made a lot of people WHO CAN'T READ LONG SENTENCES very afraid that they will need to part with $790 more than they are paying now.

The FACT here is that the parcel tax was ALREADY $597 and measure E imposed an additional $193. Slight difference. Why didn't they include all of your property taxes too? How about income taxes? "Stop the $240,790 tax! Stop Measure E!". I mean, since they are already spreading lies, why stop at $790?

But lawn signs saying, "stop an additional $193 tax!" wouldn't have gotten a lot of dum-dums who cannot read to vote against it. So the BCS people lied and paid BIG MONEY to spread their lies all over town.

For the record, I STILL have absolutely no idea why the BCS regime was against Measure E--and they certainly did everything they could to conceal their agenda for Prop E (which should tell you something). Maybe somebody can explain this to me.

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Ron Haley

12:02 pm on Sunday, October 30, 2011

Still hiding I see. I wonder why?

Marshall Jackson

10:36 am on Monday, October 31, 2011

Whoa, this 'discussion' has gotten out of hand and off-topic. BCS IS a Charter School, NOT a publicly funded private school. As I stated in my first comment (way back at the top), 'PLEASE read the judges report'. Pages 11-13 nicely define Charter Schools and their purposes in California education. The relative wealth of a community does no exclude Charter Schools from existing. Why are we agruing over facts? Charter Schools ARE public schools and are legally entitled to reasonably equivilant facitities compared the local school district. Most of the arguments here against the judges' ruling (and against BCS) are saying that BCS shouldn't be a Charter School. . . but, that is NOT the question being asked. The question is, 'Are BCS's facilities reasonably equivilant?' The next question is, 'How can LASD and BCS work together to give ALL our children the best possible educations?'

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Nancy Schwartz

11:07 am on Wednesday, November 2, 2011

I am a 30-year Los Altos tax payer with two kids who graduated the LASD system by 2000. I wish we'd had more choice along the way. For years and years, I paid no attention to the LASD school board elections. Now I think I will be watching, looking for more innovative candidates or for real change of heart and change of behavior among incumbents.

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