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Proposition 39 Facilities Request
Background
Details
Court Decision and Order posted November 24, 2009Frequently Asked Questions (PDF)
Hearing Schedule
Court Reporter Transcript from October 26, 2009 Hearing
Amended Verified Petition
LASD Opposition Filing
BCS Reply to LASD Opposition Filing
LASD Sur-Reply Filed October 9, 2009
BCS Sur-Reply Filed October 19, 2009
LASD Supplementary Filing of October 20, 2009
Final Proposed Order/Findings of Fact by the Parties
Motion To Strike
News Articles
All files are in PDF format.
November 30, 2009
Dear Bullis Charter School Parents, Friends and Families:
Over Thanksgiving weekend, the Superior Court of Santa Clara issued a ruling regarding our legal case. As you know, we initiated this legal proceeding because Bullis Charter School believes the Los Altos School District does not provide sufficient facilities to allow BCS to grow and accommodate its students in conditions reasonably similar to those at other district public schools. The Court agreed with us that the District's facilities offer "was inadequate on the issue of outdoor non-teaching facilities" such as the use of the fields. While the Court ruled in our favor on this important point, the Court failed to address many of the issues BCS raised and ruled that the 2009-2010 facilities offer allocated reasonably equivalent indoor space.
We were hoping for a different outcome. But as with most legal rulings, there were encouraging elements for both parties involved. The Court noted that "it does not seem unreasonable to suggest that they [the District] could do a better job of meeting their responsibilities." The Court directed District officials to be more transparent in their negotiations with Bullis and to do a better job in meeting their responsibilities under Proposition 39. More specifically, the order states: "...district officials must make every effort to work with charter school officials in good faith, comply with their reasonable requests for transparency, and not adopt a reflexively adversarial position." We are also pleased the Court ruled that the District has an obligation to negotiate a clearer, more fair and equitable shared-use of turfed field areas at our current campus. We look forward to working with the District on this matter.
At the same time, let me be clear: We are disappointed that the Court did not address a number of fundamental questions raised by BCS and appeared to misunderstand our position on others. We have spoken directly to many experts on charter school laws in California and remain convinced that continued efforts must be made to make crystal clear the intent of the law to treat charter schools as equal partners in the public education of our children. We are just now reviewing all aspects of the Judge's ruling. We will carefully review all options in the coming days and share our planned next steps first with our parent community. We will examine both legal and public policy avenues to resolve these matters moving forward. We will also continue our efforts to work constructively with the District to provide the best educational environment possible for our children.
The overriding mission of Bullis Charter School remains to provide a quality education for the children attending our school. Everything we do is aimed toward that goal. A key part of achieving our vision requires BCS to actively plan for its present and future facility needs.
Finally, from the beginning of this legal journey, we have provided up-to-date information with you as soon as it becomes available. In that spirit, the full ruling is now online.
If you have further questions, I ask that you contact me directly.
Sincerely,
Ken Moore
Board Chair
Bullis Charter School
Background
Letter from BCS to Tim Justus dated June 2, 2009
Response from Los Altos School District attorney to BCS attorney dated June 9, 2009
Letter from BCS to Tim Justus dated May 6, 2009
Letter from Ken Moore to BCS Community dated June 10, 2009
Letter from Ken Moore to BCS Community dated September 23, 2009
Details
Court Decision and Order posted November 24, 2009
Hearing Schedule
The case is set for 9 AM on Monday, October 26, 2009.
Santa Clara County Superior Court
191 North First Street
San Jose, CA 95113
Dept. 1, the courtroom of the Honorable James Kleinberg
Parents are welcome to attend.
Court Reporter Transcript from October 26, 2009 Hearing
Amended Verified Petition
Bullis Charter School Amended Verified Petition
Related FilingsLASD Opposition Filing
Declaration by Principal/Superintendent Hersey
Exhibit 1: September 30, 2008
Exhibit 2: December 01, 2008
Exhibit 3: December 19, 2008
Exhibit 4: January 30, 2009
Exhibit 5: February 27, 2009
Exhibit 6: March 30, 2009
Exhibit 7: April 01, 2009
Exhibit 8: April 24, 2009
Exhibit 9: May 06, 2009
Exhibit 10: May 22, 2009
Exhibit 11: June 02, 2009
Exhibit 12: June 09, 2009
LASD Opposition Brief
Related FilingsBCS Reply to LASD Opposition Filing
LASD Answer to Bullis Charter School Amended Verified Petition
LASD Request for Judicial Notice
Pefley Declaration
Cooper Declaration
Stark Declaration
Kenyon Declaration
Yeh Declaration
BCS Reply Brief in Support of Amended Petition
BCS Proposed Order
Related FilingsLASD Sur-Reply Filed October 9, 2009
Haux Declaration with Campus Photos
Smith Declaration with Campus Measurements
Eyring Declaration with Photos
Beauchman Declaration
Gonzalez Declaration
Spector Declaration
Phelps Declaration
Hersey Declaration
La Poll Declaration
Carter Declaration
Chan Declaration
Evans Declaration
BCS Objections to Respondents' Evidence
Order Regarding Brief Length
LASD Surreply
Related FilingsBCS Sur-Reply Filed October 19, 2009
LASD Objections to Evidence
Kenyon Supplemental Declaration
Justus Declaration
Schadt Declaration
Velez Declaration
Yeh Declaration
BCS Surreply in Support of Amended Petition
Amended Proposed Order
Related Filings
Supplemental Declaration of Arturo Gonzalez Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 20 Supplemental Declaration of Andrea Eyring
LASD Supplementary Filing of October 20, 2009
Schadt Supplemental Declaration in Support of LASD Surreply
Final Proposed Order/Findings of Fact by the Parties
LASD Proposed Findings of Fact
BCS Amended Proposed Order
Motion To Strike
LASD Memorandum of Points & Authorities in support of Motion to Strike
LASD Amended Notice of Motion to Strike
BCS Opposition Filing to LASD Motion to Strike
LASD Reply Brief in Support of Motion to Strike
Final Ruling on Motion to Strike
News Articles
June 04, 2009 in San Jose Mercury News. Also available as PDF
June 10, 2009 in Los Altos Town Crier. Also available as PDF
June 12, 2009 in Palo Alto Daily News
June 17, 2009 in Los Altos Town Crier. Also available as a PDF
June 17, 2009 in Mountain View Voice.