California School Bds. Assn. v. State Bd. of Education

Full title: CALIFORNIA SCHOOL BOARDS ASSOCIATION et al., Petitioners and Appellants…

Court: California Court of Appeals, First District, Fourth Division

Date published: Aug 24, 2010

No. A122485 (Cal. Ct. App. Aug. 24, 2010)

Opinion

Page 721a

187 Cal.App.4th 721a __ Cal.Rptr.3d__ CALIFORNIA SCHOOL BOARDS ASSOCIATION et al., Petitioners and Appellants, v. STATE BOARD OF EDUCATION, Respondent ASPIRE PUBLIC SCHOOLS, INC., Real Party in Interest and Respondent. A122485 California Court of Appeal, First District, Fourth Division August 24, 2010

Superior Court of Alameda County No. RG 07353566, Honorable Kenneth Mark Burr Judge.

THE COURT:

The petition for rehearing filed by respondents on August 10, 2010, (186 Cal.App.4th 1298;___Cal.Rptr.3d___) is DENIED.

The opinion filed herein on July 26, 2010, is ordered modified as follows:

1. On page 6, first full paragraph [186 Cal.App.4th 1308, advance report, 2d full par., lines 5-7], modify the last sentence to read: “Nothing in the CSA, however, either prohibits or discourages a charter school entity from establishing and operating charter schools in multiple districts around the state under a series of district- or county-approved charters.”

2. On page 16, first paragraph under heading 4.a. [186 Cal.App.4th 1316, advance report, 5th full par., line 8 to 186 Cal.App.4th 1317, advance report, 1st par., lines 1-3], modify the fifth and sixth sentences to read: “As has been noted, the CSA neither prohibits nor discourages a charter school entity from operating in multiple school districts under local charters. Indeed, as of 2005 Aspire itself was operating 17 charter schools around the state, under charters granted by seven different school districts.”

3. On page 19, first paragraph [186 Cal.App.4th 1319, advance report, 1st par., line 12], delete footnote 15.

There is no change in the judgment.