Charter school class-action suit against the state goes to court July 2

A class-action lawsuit against the State of California on behalf of 300 non-classroom based charter schools will begin July 2 in Sacramento Superior Court.

The suit contends that the state’s formula for funding K-12 schools during the pandemic illegally denied payments to schools for additional students who enrolled in the schools.

Gov. Gavin Newsom passed an executive order last June that guaranteed charter schools and school districts would be funded based on their pre-pandemic attendance rates. The order initially did not allow for a change in funding for growing school districts and charter schools, but last September the Legislature changed course and decided  to fully fund school districts and charter schools that had increased enrollment, but not online charter schools.

The lawsuit was brought by Classical Academies, Learning Choice Academy, River Springs/Empire Springs charter schools and 13 students on behalf of the 300 schools. It contends that because of reduced funding students attending non-classroom based charter schools will have less money spent on their education then other California students.

The lawsuit asks the court to direct the state to set aside legislation that funds non-classroom based charters at 2019-20 levels and to fund them for 2020-21 and in the future based on their attendance. It also asks that the state pay the plaintiff’s costs and expenses.

Defendants include Newsom, State Superintendent of Public Instruction Tony Thurmond, State Controller Betty Yee and the California Department of Education.