Rocketship, charter schools dealt setback by San Jose court ruling
SAN JOSE -- The South Bay movement to fast-track the opening of charter schools has been dealt a setback, with a court ruling that county school boards can't override local ordinances while deciding where to place campuses.
In a widely anticipated order, Santa Clara County Superior Court Judge Franklin Bondonno has ruled that the Santa Clara County Board of Education lacks authority to exempt charter schools from zoning rules.
The judge affirmed a tentative decision he issued last fall, when he wrote, "If the Legislature had intended to grant the power to override local zoning to county boards of education, the Legislature would have so stated. It has not done so."
Supporters of Rocketship Education's expansion plan rally outside San Jose City Hall, November 2013. (Karl Mondon/Bay Area News Group)
The ruling could spell difficulty for 20 Rocketship charter schools approved by the Santa Clara County Board of Education. The first of the schools was scheduled to open in August.
Bondonno ruled in favor of San Jose Unified School District and Brett Bymaster, who lives near a site near the Tamien light-rail station, where Rocketship Education hopes to locate a K-5 charter school. Both sued the County Board.
"We are pleased that the court ruled on the side of the community, ensuring that decisions on school placement are made by local authorities," Bymaster said.
The order isn't intended to prevent the growth of charter schools, noted Vincent Matthews,
