Charter Schools

Nothing comes before the needs, goals and objectives of our clients. And nowhere is this commitment stronger than when it comes to navigating the unique challenges facing Lozano Smith's charter school clientele. Our charter school attorneys have analyzed numerous petitions submitted to districts throughout the state and strategized with district officials on how to improve the charter petitions or, alternatively, how to best document the grounds for denial of the petition. Our attorneys have negotiated agreements between charter schools and districts addressing all aspects of the charter's operations, including the provision of facilities and the costs charged to charter schools. We regularly assist districts in responding to requests for facilities made by charter schools under Proposition 39.

To ensure the success of its clients, the Charter Schools Practice Group specializes in:

• Review and critique of initial petitions
• Assisting boards with approval/denial processes
• MOUs for operational and special education services
• Reviewing and assisting districts with renewal and revocation processes

The attorneys in Lozano Smith's Charter School Practice Group are proud to have worked in partnership with a wide range of clientele, helping each overcome distinct challenges on their way to legal outcomes that were not only favorable, but necessary in order for them to protect and ensure the effective education of children throughout the region. For example, Lozano Smith attorneys successfully prosecuted the revocation of the charter of Gateway Charter School and successfully defended Fresno Unified School District from $1.8 million in claims from the charter school's creditors. Additionally, our Charter School Practice Group advised and assisted West Park Elementary School District in revoking the charter of Rosalyn Charter School - avoiding any litigation against the district challenging its decision.

The Practice Group similarly worked with the Board of the Tahoe-Truckee Unified School District in overseeing and ultimately revoking the charter of a charter school with $2.5 million worth of assets which had incurred $3.5 million in long-term debt; assisted in the oversight and revocation of a home school charter school in North Monterey County Unified School District which persistently permitted the purchase of religious instructional materials with public funds; successfully defended a charter school's challenge in Superior Court to the Pajaro Valley Unified School District's rights to control use of its facilities; and assisted in the formation of "dependent" charter schools (charter schools under the direct control of the District Board), including Charter #25 created by the San Lorenzo Valley Unified School District in 1993.