Thursday, March 21, 2013

Favorable Ruling on BCS Motion

2012-13 Facilities Complaint; Cross Complaint

I love the power of social media.  This has already been posted on Facebook, but for those who may not have seen it, we received the ruling on BCS' MJOP (Motion for Judgement on the Pleadings).  This motion, heard by Judge Carol Overton on March 5th, sought to dismiss the LASD cross complaint.  This is the third such effort BCS has made.  Like the other two requests (including the anti-SLAPP motion), this was denied.

BCS argued that the District had an obligation to go to the SCCBOE to address our concerns before we filed the Cross Complaint.  The District argued that, since we weren't seeking for the court to change the behavior-- that we are only seeking clarification of whether this imapcts our facilities offers. 

The courts found for LASD- that we don't have to go to the SCCBOE first.  The ruling says, in part:
"LASD seeks guidance as to its own duties under the law with regard to its obligation to share its facilities fairly. Such a request calls on the court to interpret the law as it relates to LASD, not to determine whether Bullis has violated its charter."  That's pretty much it in a nutshell.

The District did seek sanctions, which the court did not grant.  However, the important take-away here is that the cross-complaint is moving forward.  The courts are willing to listen to the community's concerns about BCS admissions practices, and whether they serve all students equally.  Based on that, we'll understand what the impact is to the LASD facilities obligations.

Here's the full text of the ruling:
Order RE: Motion for Judgement on the Pleadings