How Charter Schools Are Steered Away From LAUSD’s ‘Most Fragile’ Campuses

The Los Angeles Unified School District Board voted 4-3 Tuesday to further limit where charter schools can be located in the district.

The policy clarifies existing guidelines for determining how the district doles out space to charter schools and adds new factors for consideration. Specifically, it instructs district staff to avoid granting charter schools space on campuses focused on improving outcomes for Black students and providing additional community resources.

Currently, there are 53 charters co-located on LAUSD’s more than 1,000 schools, according to district staff.

“This policy, in the eyes of some, does not go far enough. In the eyes of others, it goes too far,” said Superintendent Alberto Carvalho. “Somehow experience tells me that anytime you're in that position, you probably achieved some degree of balance.”

Charter school advocates have challenged public school districts’ policies for providing facilities in court in the past and say legal action could follow this new policy.

“This policy is a blatant violation of the law as it treats public school students differently by giving preference to students enrolled in traditional schools over students attending charter public schools, ignoring their academic needs,” said California Charter Schools Association president and CEO Myrna Castrejón in a statement after the board’s vote.

What does the law say?

California voters passed Proposition 39 in 2000. The initiative made it easier for schools to get money for construction and repairs by requiring bonds to be approved by a lower percentage of voters. It also mandated public school districts share more space with charter schools.

The law requires schools provide space to charters that is “reasonably equivalent” to what students who attend traditional public schools receive. Disagreements on what “reasonably equivalent” actually means has resulted in multiple lawsuits.

What are the specifics?

Every fall, charter school operators can request to rent space in LAUSD schools based on their expected attendance the following school year.

District officials consider a list of matching guidelines that essentially try to answer the question: How can the district accommodate a charter school without disrupting existing programs and keeping students safe?

The policy has frustrated parents and educators from traditional public schools and charter schools over the last two decades. The board has heard hours of public comment from both groups at public meetings over the last four months.

Traditional public school educators say co-locations have cost campuses space for music, food pantries, counseling, and other resources. Charter school operators say the district has done the bare minimum to meet their students’ needs. In some cases, charter schools have to split their operations between multiple campuses.

Educators also said productive collaborations exist between co-located schools, but speakers representing that perspective were less frequent at Tuesday’s meeting.

How much of an issue is this, really?

As L.A. Unified’s overall enrollment has declined, district staff report the number of charter schools requesting space each year is also decreasing.

In September, LAUSD staff said the district is providing space for 52% fewer charter school students this school year than at its peak in the 2017-2018 school year, when almost 23,000 students were in a co-located charter. But how space gets used as enrollment shrinks has also led to ongoing conflict.

The new policy stops short of banning charter schools from any specific campuses. It states that “as operationally feasible and permitted by law,” the district will avoid placing charter schools on campuses that:

• Provide students additional resources (community schools)
• Focus on improving outcomes for Black students (Black Student Achievement Plan, or BSAP, schools) 
• Are among the district’s 100 schools targeted for academic improvement. (LAist requested a list of these “priority schools” but has not received it as of publication.) 
• Compromise a traditional school’s capacity to enroll students from nearby neighborhoods

The policy would apply to new charter schools seeking space in the 2025-26 school year. The policy will also be triggered when existing charter schools seek to change their current placement, for example by adding a new grade level or requesting more space.

It’s still unclear how many charter schools could be denied their preferred school campus under the new policy. Charter School Division Director José J. Cole-Gutiérrez said in December that two of the 13 charter requests for space are BSAP, community, or priority schools.

Board members who voted against the policy questioned whether it would solve the problems raised by the existing and future co-locations.

“In practice, there are guidelines, but I don't think that they're clear,” said Board Member Kelly Gonez. “[The policy] does not explicitly or necessarily protect the BSAP, community schools, or priority schools, it adds those as considerations.”

Even supporters of the policy say it may require further revision.

“We think this is a step toward rationalizing a process, which for too long has been irrational,” said board President Jackie Goldberg, who co-authored the resolution that prompted the new policy. “We'll see if it works. If it doesn't, we'll fix it again.”

The policy would apply to new charter schools seeking space in the 2025-26 school year. It will also kick in when existing charter schools seek to change their current placement, for example by adding a new grade level or requesting more space.

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