SAN FRANCISCO UNIFIED SCHOOL DIST. v. JOHNSON

Docket No. S.F. 22771.

3 Cal.3d 937 (1971)

479 P.2d 669

92 Cal. Rptr. 309

SAN FRANCISCO UNIFIED SCHOOL DISTRICT et al., Petitioners, v. DONALD JOHNSON, as Complex Planning Officer, etc., Respondent.

Supreme Court of California. In Bank.

January 26, 1971.


Attorney(s) appearing for the Case

COUNSEL

Irving R. Breyer, Jerome B. Falk, Jr., and William F. McCabe for Petitioners.

Newman, Robinson & Dunn, Alfred W. Newman, Kronick, Moskowitz, Teidemann & Girard, Adolph Moskowitz, Paul N. Halvonik, Charles C. Marson and Johnson & Stanton as Amici Curiae on behalf of Petitioners.

Richard Harrington for Respondent.

Quentin L. Kopp, Vivian Hannawalt, Willis D. Hannawalt and Ngai Ho Hong as Amici Curiae on behalf of Respondent.


OPINION

TOBRINER, J.

In this action for mandamus we are called upon to determine the interpretation and constitutionality of Education Code section 1009.5, which provides that "no governing board of a school district shall require any student or pupil to be transported for any purpose or for any reason without the written permission of the parent or guardian." We hold that section 1009.5 does no more than prohibit a school district...

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