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State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B212966

Case Date: 10/27/2011

Preview:Filed 7/12/11

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE TODAY`S FRESH START, INC., Plaintiff and Appellant, v. LOS ANGELES COUNTY OFFICE OF EDUCATION et al., Defendants and Appellants.

B212966, B214470 (Los Angeles County Super. Ct. No. BS112656)

APPEAL from a judgment of the Superior Court of Los Angeles County, James C. Chalfant, Judge. Reversed. Doll Amir & Eley, Michael M. Amir, Mary Tesh Glarum, and Hemmy So for Plaintiff and Appellant. Los Angeles County Office of Education, Vibiana M. Andrade, Sung Yon Lee; Greines, Martin, Stein & Richland, Timothy T. Coates and Alison M. Turner for Defendants and Appellants. ____________________________

The school board of Los Angeles County revoked the charter of a charter school. Before filing the administrative appeal to the state board of education, the charter school filed a petition for writ of administrative mandamus in the superior court, and filed an amended petition after the appeal to the state board of education ended in a tie vote. The trial court granted the writ, concluding that the charter school`s due process rights were violated during the revocation proceeding. The judgment required the county school board to set aside its revocation decision and reinstate the charter. The county school board and the county office of education appeal from the judgment, and the charter school appeals from the trial court`s denial of an award of attorney`s fees. We conclude that no due process violation occurred, and we reverse the judgment. BACKGROUND Today`s Fresh Start, Inc. (TFS) is a charter school serving Los Angeles County, and is organized as a not-for-profit corporation. The Los Angeles County Office of Education (LACOE) is a regional educational agency. The Los Angeles County Board of Education (County Board) is the governing board of LACOE. The County Board was the chartering authority for TFS and a signatory to the charter agreement. The County Board initially granted TFS`s charter petition in 2003, and renewed the charter in 2005 for a five-year term. TFS`s charter renewal petition provided that LACOE would oversee TFS, investigating complaints and monitoring the school`s operations pursuant to Education Code section 47604.3.1 TFS agreed to respond promptly to requests made by LACOE for operational and fiscal concerns. The charter renewal petition also provided: The charter granted pursuant to this Petition may be revoked by LACOE if the county finds that [TFS] did any of the following: Committed a material violation of any of the conditions, standards, or procedures set forth in this Petition. Failed to pursue any of the student outcomes identified in this Petition. Failed to meet generally-accepted

Unless otherwise indicated, all subsequent statutory references are to the Education Code. 2

1

accounting principles, or engaged in fiscal mismanagement. Knowingly and willfully violated any provision of law.2 [

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