California attorney general issues guidance on how districts can close schools

California Attorney General Rob Bonta issued a guidance document Tuesday spelling out school districts’ legal obligations and best practices for closing, merging and consolidating schools.

The guidance comes at a time when many districts are facing the prospect of closing, merging or consolidating schools due to declining enrollment.

It explains how districts must follow new state laws under AB 1912, which requires school districts to engage the community and conduct an “equity impact assessment” before closing schools. Under AB 1912, an Equity impact assessment analyzes the “disparate harms” that a closure may cause and makes sure the closure is alleviating, not maintaining school segregation, according to the guidance. The document recommends districts work with experts to create community advisory groups to participate in the assessment.

“These impacts are serious and can cause educational harm,” Bonta said in the guidance. “When these harms affect one group of students more than others, they may also be unlawful.”

The Attorney General’s Office was asked by the American Civil Liberties Union to investigate Oakland Unified’s plan to close schools last year. The decision to close sparked outrage among staff, students and families, and a hunger strike by two Oakland Unified educators.

The guidance also explains the California civil rights laws that apply to districts considering closures.

“The statewide guidance issued today presents clear standards and procedures on how school districts should determine school closures, mergers and consolidations to meet their legal requirements and to establish a mindful community engagement process with local school communities,” Bonta said in a statement. “We must proactively mitigate harm and ensure equity in our school system to help navigate this difficult process.”