Opinion

Napa Valley Unified School Dist. v. State Bd. of Education

Court
California Court of Appeal
Filed
Apr 10, 2025
Status
Published
Cited by
0 cases
Authority
More cited than 34.8%

The opinion

Filed 3/14/25; Certified for Publication 4/10/25 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

----

NAPA VALLEY UNIFIED SCHOOL DISTRICT,

Plaintiff and Respondent, C099068

v. (Super. Ct. No. 34-2022-

80004051-CU-WM-GDS)

STATE BOARD OF EDUCATION,

Defendant and Respondent;

NAPA FOUNDATION FOR OPTIONS IN

EDUCATION,

Real Party in Interest and Appellant;

and

NAPA COUNTY OFFICE OF EDUCATION,

Real Party in Interest.

1

CALIFORNIA SCHOOL BOARDS ASSOCIATIONS C099069

EDUCATIONAL LEGAL ALLIANCE,

(Super. Ct. No. 34-2023-

Plaintiff and Respondent, 80004069-CU-WM-GDS)

v.

STATE BOARD OF EDUCATION,

Defendant and Respondent;

NAPA FOUNDATION FOR OPTIONS IN

EDUCATION,

Real Party in Interest and Appellant.

In 2021, real party in interest Napa Foundation for Options in Education (Napa

Foundation) filed a petition (the petition) with plaintiff Napa Valley Unified School

District (the School District) seeking to establish the Mayacamas Charter Middle School

(Mayacamas Charter School). The Napa Valley Unified School District Board of

Education (District Board) denied the petition. The Napa Foundation submitted the same

petition to the Napa County Board of Education (County Board), and the County Board

also denied the petition. The Napa Foundation appealed these denials to the defendant

State Board of Education (State Board), which reversed the determinations of the District

Board and County Board.

The School District and plaintiff California School Boards Association’s

Educational Legal Alliance (the Educational Legal Alliance) separately filed petitions for

writs of mandate and complaints, seeking to have the State Board’s determination set

aside. Deciding the cases together, the trial court granted the writ petitions and issued a

peremptory writ of mandate, commanding the State Board to set aside its decision.

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In these consolidated appeals, the Napa Foundation asserts that the trial court

abused its discretion in overturning the State Board’s decision approving the petition.

Specifically, the Napa Foundation argues that the record supported the State Board’s

determinations that (1) the District Board abused its discretion, and (2) the County Board

abused its discretion. The Napa Foundation also argues that (3) the trial court improperly

required the State Board to have found that abuses of discretion were committed by both

the District Board and the County Board in order to reverse; according to the Napa

Foundation, the version of Education Code section 476051 in effect at the time only

required the State Board to find an abuse of discretion committed by either the District

Board or the County Board. We granted the request of the California Charter Schools

Association to file an amicus curiae brief in support of the Napa Foundation and its

interpretation of section 47605.

We conclude that the State Board incorrectly determined that the District Board

and County Board abused their discretion. We will affirm the judgments.

BACKGROUND

Charter Schools Generally and Petitioning to Establish a Charter School

Charter schools are a relatively recent addition to California’s educational

landscape. With the enactment of the Charter Schools Act of 1992 (§ 47600 et seq.,

added by Stats. 1992, ch. 781, § 1), “California became one of the first states in the

country to authorize charter schools.” (Anderson Union High School Dist. v. Shasta

Secondary Home School (2016) 4 Cal.App.5th 262, 268, fn. omitted.) “Charter schools

are ‘public schools funded with public money but run by private individuals or entities

rather than traditional public school districts.’ ” (Id. at pp. 267-268, quoting Today’s

Fresh Start, Inc. v. Los Angeles County Office of Education (2013) 57 Cal.4th 197, 205

1 Undesignated statutory section references are to the Education Code.

3

(Today’s Fresh Start).) “The Legislature intended its authorization of charter schools to

improve public education by promoting innovation, choice, accountability, and

competition.” (Today’s Fresh Start, supra, at pp. 205-206.)

Typically, the process for establishing a new charter school involves the

submission of a complying petition for the establishment of a charter school, including

the proposed charter, to the school district in which the proposed school is to be located.

(§ 47605, subd. (a).) “In reviewing petitions for the establishment of charter schools . . . ,

the chartering authority shall be guided by the intent of the Legislature that charter

schools are and should become an integral part of the California educational system and

that the establishment of charter schools should be encouraged. The governing board of

the school district shall grant a charter for the operation of a school . . . if it is satisfied

that granting the charter is consistent with sound educational practice and with the

interests of the community in which the school is proposing to locate.” (Id., subd. (c).)

“The governing board of the school district shall not deny a petition for the establishment

of a charter school unless it makes written factual findings, specific to the particular

petition, setting forth specific facts to support one or more” of the statutory findings set

forth in section 47605, subdivision (c)(1) through (8) justifying denial. (Id., subd. (c).)

“If the governing board of a school district denies a petition, the petitioner may

elect to submit the petition for the establishment of a charter school to the county board

of education.” (§ 47605, subd. (k)(1)(A)(i).) “If the county board of education denies a

petition, the petitioner may appeal that denial to the state board.” (Id., subd. (k)(2).) If

the state board elects to hear the appeal rather than summarily deny it based on the

documentary record (see id., subd. (k)(2)(D), (E)), “the state board may affirm the

determination of the governing board of the school district or the county board of

education, or both of those determinations, or may reverse only upon a determination that

there was an abuse of discretion by each of the governing board of the school district and

the county board of education.” (Id., subd. (k)(2)(E), italics added.) As distinguished

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from the language italicized above, at the relevant time here, this subdivision provided

that the State Board “may reverse only upon a determination that there was an abuse of

discretion.” (Id., former subd. (k)(2)(E), italics added.)

The Petition

In September 2021, the Napa Foundation submitted the petition seeking to

establish the Mayacamas Charter School to serve the Napa Valley community. By way of

background, the petition stated that “River Middle School was established as a dependent

charter school authorized by [the School District] that operated as a charter school for

more than two decades until 2019, when it relinquished its charter and became a District

school. In April 2021, the [District Board] voted to close River [Middle School] effective

at the end of the 2021-22 school year, and to use the facility for a new dual-language

immersion middle school program. [¶] Parents, teachers, community leaders and other

stakeholders have responded to the closure of River [Middle School]. . . by seeking to

establish an independent charter within [the School District] inspired by some of the

original founding principles of River [Middle School], yet expanding on these principles

and developing a unique, highly personalized education program with an emphasis on

engaging, project-based learning and social-emotional learning.”

The District Board’s Denial of the Petition

To aid in its determination, the District Board designated a staff team to conduct a

comprehensive review of the petition and issue findings. The resulting staff report

indicated that, during the public comment period, there were 23 comments opposed to the

charter and 17 in support. Additionally, although staff found that the petition met the

required number of signatures for both teachers and parents under section 47605,

subdivision (a)(1), it noted that only 76 percent of parent signatories remained

meaningfully interested in enrolling their children at the Mayacamas Charter School.

The staff report also noted that they attempted to conduct a “capacity interview”

with the individuals from the Napa Foundation to explore issues about the program, the

5

budget, their knowledge of the petition, and plans for its implementation. However,

members of the Napa Foundation attempted to impose conditions on the interview. After

the staff declined the conditions, the Napa Foundation refused to participate in a capacity

interview.

The staff report noted that, during its review of files containing the proposed

budget, staff discovered a link to an unsuccessful petition to establish a charter school in

a different school district. That petition bore substantial similarities to the petition here,

including portions copied from one document to the other.

Ultimately, the staff report recommended that the District Board deny the petition.

The staff report identified reasons for its recommendation:

“The financial and operational plan for the Charter School is not viable, is based

on unsupported and unrealistic revenue and expense assumptions, and will result in the

Charter School not meeting the minimum financial reserve specified under the applicable

state regulations in all years of operation.

“The Petition describes admissions criteria that violate state law and may have

discriminatory effects, by conditioning an admissions preference on parent volunteer

hours. The inclusion of this unlawful admissions preference demonstrates an

unfamiliarity with the laws governing charter schools on the part of Petitioners.

“Petitioners lack the knowledge and experience to successfully implement the

program set forth in the Petition, and have not articulated a clear plan to obtain the

services of individuals who have the required knowledge and experience.

“The educational program set forth in the Petition is not reasonably

comprehensively described; is unlikely to meet the needs of all subgroups of pupils

(particularly English learners and students with disabilities); and is unlikely to be

successfully implemented.

“The Charter School is unlikely to serve the interests of the entire community in

which it proposes to locate, because it duplicates programs that the District already offers

6

with sufficient capacity and because it would undermine existing District services,

academic offerings, or programmatic offerings due to its fiscal impact.

“Additionally, community interest in the Charter School does not appear strong,

based on (1) public comments at the . . . public hearing on the Petition, and (2) an

apparent 24% decrease in interest in the Charter School by parents who signed the

Petition, as evidenced by responses to . . . parent signature validation calls.

“The Petition appears to have large portions simply cut-and-pasted from another

charter petition that was submitted last year to [another school district], rather than

having been prepared specifically with the needs of [the School District] students and the

[the School District] community in mind.”

The staff report relied on the following statutory grounds for its denial

recommendation: (1) the petition presented an “unsound educational program” (§ 47605,

subd. (c)(1)); (2) the Napa Foundation was “demonstrably unlikely to successfully

implement the program” (id., subd. (c)(2)); (3) the petition did not contain reasonably

comprehensive descriptions of the educational program, measurable student outcomes,

and means by which the Mayacamas Charter School would “achieve a balance of racial

and ethnic pupils, special education pupils, and English learner pupils that is reflective of

the general population residing within the District” (id., subds. (c)(5)(A), (B), (G)); and

(4) the Mayacamas Charter School was “demonstrably unlikely to serve the interests of

the entire community in which the school is proposing to locate” (id., subd. (c)(7)).

After a public hearing, the District Board unanimously adopted the proposed

findings in the staff report and denied the petition.

The County Board’s Denial of the Petition

On December 21, 2021, the Napa Foundation submitted the petition to the County

Board. Staff of real party in interest Napa County Office of Education, together with the

Napa County Superintendent of Schools, reviewed the petition and issued findings to aid

the County Board in its determination. These findings indicated that the Mayacamas

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Charter School would provide students with educational benefits similar to the River

Middle School, that the Napa Foundation appeared capable of implementing the program

laid out in the petition, and that the Napa Foundation had satisfied all legal requirements

for the establishment of a charter school.

The staff findings further noted, however, that the County Board should consider

whether the School District’s financial challenges demanded the denial of the petition on

the grounds that it would not serve the interests of the entire community in which the

school was to be located. The findings acknowledged that the School District was “in a

precarious financial position due to declining enrollment,” and concluded that the

Mayacamas Charter School “likely would exacerbate existing financial challenges and

accelerate [the School District’s] move to qualified and/or negative certification by at

least a year.” (See § 42131, subd. (a)(1) [discussing negative, qualified, and positive

certifications].) After reviewing aspects of the petition and the history of River Middle

School, the findings stated, “[w]ere the Superintendent looking at the Petition in a

vacuum, she would enthusiastically recommend approval. However, the [Napa County

Office of Education] is obliged by law to safeguard the fiscal health of school districts

within Napa County. [The Napa County Office of Education] thus is required to review

[the School District’s] financial condition and intervene if and when [it] is in fiscal

distress. It is out of this obligation that [Napa County Office of Education] expresses

reservations about granting the Petition.”

The staff findings emphasized the declining enrollment in the School District, and

that it had been in deficit spending since 2014. The School District had been forced to

cut expenses and increase revenues in food services, transportation, small schools,

facilities use fees, charter schools, extended days, class size, and district office staffing.

The staff findings stated, “without making additional cuts to staffing or programming,

[the School District] will not hold its required reserve in the 2026-2027 school year.

[Citation.] With the addition of [the Mayacamas Charter School], [the School District]

8

will not hold its required reserve in the 2025-2026 school year.” The findings projected

that the School District would have to make “significant cuts to staffing and

programming over the next couple of years,” including the closure of schools, “if it is

going to stay financially solvent.” The findings pointed out two “criteria that could

change assumptions about [the School District’s] future budget.” On one hand, if the

Mayacamas Charter School was not approved, a number of parents indicated that they

would enroll their children in private schools, eliminating units of average daily

attendance from the School District. On the other hand, due to the expansion of

transitional kindergarten, the School District was projected to add approximately 460

units of average daily attendance by the 2025-2026 school year.

The staff findings focused on the criterion for denial found in section 47605,

subdivision (c) stating: “The charter school is demonstrably unlikely to serve the

interests of the entire community in which the school is proposing to locate. Analysis of

this finding shall include consideration of the fiscal impact of the proposed charter

school. A written factual finding under this paragraph shall detail specific facts and

circumstances that analyze and consider the following factors: [¶] (A) The extent to

which the proposed charter school would substantially undermine existing services,

academic offerings, or programmatic offerings. [¶] (B) Whether the proposed charter

school would duplicate a program currently offered within the school district and the

existing program has sufficient capacity for the pupils proposed to be served within

reasonable proximity to where the charter school intends to locate.” (§ 47605, subd.

(c)(7).) The findings concluded: “the Petition should be granted unless the Board finds

that denial based on” the criterion set forth in section 47605, subdivision (c)(7) “is

justified. The Board should review whether or not the projected change in [average daily

attendance] and associated change in revenue, net of expenditure reductions, would

change [the School District’s] budget certification based on the data in the Petition and

what is known at this time.”

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On March 15, 2022, following a public hearing, the County Board denied the

petition. The County Board designated two of its members to work with legal counsel to

prepare written findings. The County Board discussed the grounds for denial that should

appear in the written findings, including the fiscal impact of the Mayacamas Charter

School and whether its establishment would substantially undermine other programs.

On April 5, 2022, the County Board ratified the resulting written findings. The

written findings stated that the Mayacamas Charter School was unlikely to serve the

interests of the entire community in which it was proposing to locate (§ 47605, subd.

(c)(7)), that the Mayacamas Charter School “would substantially undermine existing

services, academic offerings, or programmatic offerings” (id., subd. (c)(7)(A)), but that

the Mayacamas Charter School would not “duplicate a program currently offered within

the school district [where] the existing program ha[d] sufficient capacity for the pupils

proposed to be served within reasonable proximity to where the charter school intends to

locate” (id., subd. (c)(7)(B)). We will set forth in detail post the County Board’s written

factual findings as adopted.

Appeal to the State Board

The Napa Foundation appealed to the State Board. The Napa Foundation asserted

that the District Board did not provide a fair and impartial petitioning process, and that

the factual findings adopted by the District Board were not supported by substantial

evidence.

The Napa Foundation claimed that the County Board failed to proceed in the

manner required by law when it failed to either grant the petition or timely adopt written

factual findings, the County Board’s denial was not supported by the factual findings it

ratified on April 5, 2022, and the County Board’s factual findings were not supported by

evidence in the documentary record.

To aid the State Board in its review, the State Department of Education issued

findings, recommending that the State Board affirm the decisions of the District Board

10

and County Board denying the petition. It concluded the Napa Foundation had not met

its burden of detailing, with specific citations to the documentary record, how the District

Board or County Board abused their discretion. Addressing the Napa Foundation’s

claims that the District Board failed to provide a fair and impartial petitioning process,

the State Department of Education concluded that the Napa Foundation’s record citations

did not demonstrate the proceedings were unfair. As for the Napa Foundation’s claim

that the County Board’s adoption of written findings was not timely, the State Department

of Education stated that the record established the Napa Foundation’s petition was not

submitted in full statutory compliance until January 5, 2022, and therefore the 90-day

window pursuant to section 47605, subdivision (b) had not yet expired when the County

Board adopted its written findings on April 5, 2022.

Going against the State Department of Education’s recommendations, by a six-to-

five vote, the State Board reversed the determinations of the District Board and the

County Board and designated the Napa County Office of Education as the oversight

agency for the charter. The substance of the State Board’s decision read: “At the county

level, the county did not satisfy the requirements of . . . Section 47605[, subdivision]

[(c)](7) and did not provide evidence in the documentary record that the proposed charter

would substantially undermine existing services, offerings, or programs. Additionally,

the district abused its discretion by failing to proceed in a manner required by law

because it did not provide a fair and impartial hearing process.”

The Trial Court’s Rulings and Judgments

The District Board and the Educational Legal Alliance separately filed petitions

for peremptory writs of mandate and complaints, seeking to have the State Board’s

determination set aside and seeking injunctive and declaratory relief.

Analyzing the State Board’s determination that the District Board did not provide

a fair and impartial hearing through the lens of procedural due process, the trial court

concluded that the mere fact that District Board members read prepared remarks at the

11

public hearing did not establish that they based their determination on anything other than

the evidence presented in the official review process, and that the statements did not rise

to the level of actual bias. Other remarks, referring to “fraudulent” financial figures and

the claim that the petition had been “copied and pasted” from another petition,

represented a particular District Board member’s opinion upon reviewing the evidence,

an opinion the board member was entitled to voice. The court also emphasized that the

State Board did not provide any evidence that a District Board member made public

statements against the petition prior to the public hearing or participated in an organized

effort opposed to the petition prior to the hearing. Absent evidence of actual bias, the

State Board was required to presume that the District Board members were impartial, and

the State Board cited to no evidence to rebut that presumption. Additionally, the court

stated that the fact that the District Board’s staff may have been frustrated by the failure

of the District Board and the Napa Foundation to reach an agreement concerning the

capacity interview did not constitute evidence of actual bias.

Turning to the State Board’s review of the County Board’s decision, the trial court

found that the record was not entirely lacking in evidentiary support for the County

Board’s determination that the proposed charter school was “demonstrably unlikely to

serve the interests of the entire community in which the school is proposing to locate,”

based on, among other things, the fiscal impact of the proposed school, as the proposed

school would “substantially undermine existing services, academic offerings, or

programmatic offerings.” (§ 47605, subd. (c)(7)(A).) The “District provided ample

evidence of pre-existing financial distress. . . . Evidence in the record supports that this

increased lack of funding [resulting if the petition were granted] would cause the District

to fail to meet its required financial reserves at least a year earlier than it otherwise

would, and the District would need to eliminate counselors, intervention teachers, and

electives; and/or close small elementary schools located in the City of Napa.” The court

found that the “fact that the District was already experiencing financial distress and may

12

eventually have to make some of these difficult decisions even without approval of the

Charter School, does not negate the evidence that the Charter School will have a negative

fiscal impact on the District if approved.” (Italics omitted.)

After oral argument, the trial court adopted its tentative ruling, with further

elaboration. The trial court granted the writ petitions, concluding that the State Board

abused its discretion in reversing the District Board’s and the County Board’s decisions.

The court entered judgment in favor of the District Board and the Educational Legal

Alliance and against the State Board, and issued a peremptory writ of mandate,

commanding the State Board to set aside its decision.

DISCUSSION

I

Standard of Review

The Napa Foundation asserts that the trial court abused its discretion in

overturning the State Board’s decision approving the petition. According to the Napa

Foundation, because there was evidence in the record to support the State Board’s

decision, the trial court was required to affirm it. Instead, the Napa Foundation argues,

the trial court misapplied the abuse of discretion standard by seeking out evidence to

undermine the State Board’s action rather than looking for evidence in the record

supporting the State Board’s determination.

The parties disagree on the standard under which we must review the State

Board’s decision. The Napa Foundation and Amicus Curiae, California Charter School

Association, argue that the State Board’s determination was made in a quasi-legislative

capacity. (See California School Boards Assn. v. State Bd. of Education (2015)

240 Cal.App.4th 838, 846 [“the approval of a charter creates a school district and, like the

creation of any other district, is a quasi-legislative act”].) Therefore, Code of Civil

Procedure section 1085 governing ordinary mandate applied, as the trial court found. The

District Board and the Educational Legal Alliance counter that, under the Charter Schools

13

Act as amended by Assembly Bill No. 1505 (2019-2020 Reg. Sess.) (Stats. 2019,

ch. 486), the State Board’s role reviewing the denial of a petition for an abuse of

discretion on appeal amounts to a quasi-judicial act. As such, Code of Civil Procedure

section 1094.5 applied.

“Statutes provide for two types of mandate review: ordinary mandate and

administrative mandate.” (Martis Camp Community Assn. v. County of Placer (2020)

53 Cal.App.5th 569, 593 (Martis Camp Community Assn.), citing Code Civ. Proc.,

§§ 1085, 1094.5.) “The nature of the administrative action or decision at issue

determines which type of review applies.” (Martis Camp Community Assn., supra, at

p. 593)

“In general, administrative mandate under Code of Civil Procedure section 1094.5

is used to review the validity of quasi-judicial decisions resulting from a proceeding in

which (1) a hearing was required to be given, (2) evidence was required to be taken, and

(3) discretion in the determination of facts was vested in the agency. [Citation.] In

administrative mandate cases, abuse of discretion is established if the agency has not

proceeded in the manner required by law, the order or decision is not supported by the

findings, or the findings are not supported by substantial evidence in light of the whole

record.” (Martis Camp Community Assn., supra, 53 Cal.App.5th at p. 593, fn. omitted,

citing Code Civ. Proc., § 1094.5, subds. (b), (c).)

“Ordinary mandate under Code of Civil Procedure section 1085 is used to review

ministerial acts, quasi-legislative acts, and quasi-judicial decisions which do not meet the

requirements for review under Code of Civil Procedure section 1094.5. [Citations.] In

such cases, the appropriate standard is whether the agency’s action was arbitrary,

capricious, entirely lacking in evidentiary support, or failed to follow the procedure

required by law.” (Martis Camp Community Assn., supra, 53 Cal.App.5th at pp. 593-

594.)

14

There is no published case since the enactment of Assembly Bill No. 1505 (2019-

2020 Reg. Sess.) (Stats. 2019, ch. 486), which altered the State Board’s role in the

process, addressing whether, in considering an appeal from a school district board or a

county board, the State Board acts in a quasi-legislative or quasi-judicial fashion.

Because we conclude the outcome of these appeals would be the same under either

standard of review, we need not resolve this dispute.

Again, in general, “when review is sought by means of ordinary mandate the

inquiry is limited to whether the decision was arbitrary, capricious, or entirely lacking in

evidentiary support; when review is sought by means of administrative mandate the

inquiry is directed to whether substantial evidence supports the decision.” (Bunnett v.

Regents of University of California (1995) 35 Cal.App.4th 843, 849.) “Although the

‘arbitrary or capricious’ standard is not synonymous with the ‘substantial evidence’ test

[citation], there are only subtle differences between them.” (Martis Camp Community

Assn., supra, 53 Cal.App.5th at p. 595; accord, Sacramentans for Fair Planning v. City of

Sacramento (2019) 37 Cal.App.5th 698, 707 [these standards of review are “not

materially different”].) “Under the arbitrary and capricious standard, the question is

whether the agency’s action has a reasonable basis in law and a substantial basis in fact.

[Citation.] We defer to an agency’s factual finding unless no reasonable person could

have reached the same conclusion on the evidence before it. [Citations.] Under the

substantial evidence test, our review begins and ends with a determination of whether

there is substantial evidence, contradicted or uncontradicted, to support the findings.

[Citation.] We do not reweigh the evidence and are bound to indulge all presumptions

and resolve all conflicts in favor of the administrative decision. [Citation.] Substantial

evidence is relevant evidence that a reasonable mind might accept as adequate to support

a conclusion. [Citation.] A common formulation of the substantial evidence test asks

whether a reasonable person could have reached the same conclusion on the evidence.”

15

(Martis Camp Community Assn., at p. 595.) Under the facts of this appeal, we do not find

the subtle differences between the two standards to be material.

Regardless of the standard we apply to the State Board’s factual findings, “we

review questions of statutory interpretation and other questions of law de novo.” (Martis

Camp Community Assn., supra, 53 Cal.App.5th at p. 596.)

“On appeal in mandate actions, the trial court and appellate court perform the

same function. [Citations.] We review the agency’s action, not the trial court’s decision.”

(Martis Camp Community Assn., supra, 53 Cal.App.5th at p. 593.)

II

The State Board’s Review of the District Board’s Decision

The State Board concluded that “the district abused its discretion by failing to

proceed in a manner required by law because it did not provide a fair and impartial

hearing process.” The Napa Foundation maintains that the record contained sufficient

evidence to demonstrate to the State Board that the District Board’s process was unfair,

not in accordance with the law, and inconsistent with the presumption favoring charter

petitions. The Napa Foundation and Amicus Curiae, California Charter School

Association, assert that the trial court improperly substituted its own judgment for that of

the State Board, and the Napa Foundation further argues the trial court ignored evidence

supporting the State Board’s determination. We disagree.

In the quasi-judicial context, “[t]o show nonfinancial bias sufficient to violate due

process, a party must demonstrate actual bias or circumstances ‘ “in which experience

teaches that the probability of actual bias on the part of the judge or decisionmaker is too

high to be constitutionally tolerable.” ’ [Citations.] The test is an objective one.”

(Today’s Fresh Start, supra, 57 Cal.4th at p. 219.) “ ‘[D]ue process violations generally

are confined to ‘the exceptional case presenting extreme facts.’ ” (Ibid.) Even if this

standard is applied here, there is no evidence in this record of actual bias or

circumstances evincing an intolerably high risk thereof.

16

However, while the parties dispute whether the State Board acted in a quasi-

legislative or quasi-judicial capacity, no one disputes that the District Board acted in a

quasi-legislative capacity. (See California School Boards Assn. v. State Bd. of Education,

supra, 240 Cal.App.4th at p. 846 [“the approval of a charter creates a school district and,

like the creation of any other district, is a quasi-legislative act”].) “ ‘Quasi-legislative

acts are not subject to procedural due process requirements . . . .’ ” (Save Civita Because

Sudberry Won’t v. City of San Diego (2021) 72 Cal.App.5th 957, 983, italics & fn.

omitted; see Wilson v. Hidden Valley Municipal Water Dist. (1967) 256 Cal.App.2d 271,

286-287 [“Any claim of prejudgment, bias or prejudice . . . is beside the point. Decisions

of a governing board of a quasi-legislative character are expected to reflect the majority

will of its constituents on matters of quasi-legislative policy. This is the essence of

representative government”].) Thus, the standard set forth ante does not apply here.

The Napa Foundation’s unfairness argument focuses on the contention that the

District Board’s “process was not in accord with principles of fairness towards the

petitioners consistent with the presumption” in section 47605 in favor of granting charter

petitions. Section 47605 provides that, in considering a petition, “the chartering authority

shall be guided by the intent of the Legislature that charter schools are and should

become an integral part of the California educational system and that the establishment of

charter schools should be encouraged”; that a charter petition shall be granted if the

governing body “is satisfied that granting the charter is consistent with sound educational

practice and with the interests of the community”; and that the school district board “shall

not deny a petition for the establishment of a charter school unless it makes written

factual findings, . . . setting forth specific facts to support” the statutory grounds for

denial specific to the particular petition. (§ 47605, subd. (c).) These provisions give rise

to what the Napa Foundation labels the presumption in favor of approval in section

47605.

17

However, the mere denial of a charter school petition based on specified, statutory

grounds, without something more, does not denote unfairness. Section 47605 itself

specifies grounds for denial, notwithstanding the policy favoring the establishment of

charter schools. The mere denial of a petition on statutory grounds, without more, does

not constitute evidence of unfairness, does not establish that the chartering authority

failed to honor the presumption in favor of approval, and does not demonstrate a failure

to proceed in the manner required by law.

The Napa Foundation argues that the District Board’s proceeding was unfair

because the board members “had already resolved to deny the” petition. However, as the

trial court found, there is no evidence of improper prejudgment in the record. That the

District Board members developed opinions about the petition after reviewing it in

advance of the public hearing and vote is not evidence of unfairness or a failure to

proceed in the manner required by law.

The Napa Foundation notes that members of the District Board “read from

prepared scripts taking strong positions against the Charter Petition.” At the final hearing

before the District Board on the petition, after the Napa Foundation was afforded time to

be heard, and after additional public comment, several members of the District Board

made statements on the record, some seemingly reading from prepared statements.

Again, that District Board members developed opinions about the petition after having

the opportunity to review it, but before voting, is not evidence of unfairness. That, after

the Napa Foundation’s presentation and public comment, District Board members

adhered to the opinions they may have previously formed in reviewing the petition also is

not evidence of unfairness or a failure to proceed in the manner required by law.

The Napa Foundation also argues that the District Board members were “unwilling

to fairly consider the evidence presented by the Napa Foundation rebutting the District

Staff report, the presentation at the public hearing, and the public comments favoring

approval.” However, there is no evidence in the record to support this contention or to

18

establish that the District Board was unwilling to, or did not, consider evidence presented

by the Napa Foundation, the presentation at the public hearing, or public comments. That

District Board members may have read from prepared remarks at the final meeting at

which they denied the petition is not evidence that they refused to entertain or weigh the

evidence presented. At most, it is evidence that they made a determination on their

opinion of the merits of the petition and, after the presentation of all evidence, adhered to

their original determination. It is not evidence of any failure to proceed in the manner

required by law.

The Napa Foundation next emphasizes that the staff report “discredited” the

petition because the two lead petitioners were parents, not experienced school

administrators. The staff report stated that the lead petitioners were parents, that they

would not be operating the Mayacamas Charter School themselves on a day-to-day basis,

and that they had “not identified or hired a leadership team yet.” The staff report also

noted that, while some of the board of directors had backgrounds in finance and/or

business management, none of them appeared to have any background in “the highly-

specialized area of school finance.” The staff report continued, “Nor do any of the

proposed directors appear to have backgrounds in curriculum, instruction, and

assessment, or as the head administrator of a school, and none has school administrative

experience of any kind.” These are relevant observations on the qualifications of the lead

petitioners and board of directors proposing to establish a charter school in the School

District. In addition to being relevant as a general matter, these facts were relevant to the

statutory ground for denial that the petitioners may be “demonstrably unlikely to

successfully implement the program set forth in the petition.” (§ 47605, subd. (c)(2).)

Consideration of circumstances relevant to the presence or absence of a statutory ground

for denial cannot be deemed evidence of unfairness.

The Napa Foundation emphasizes that the County Board’s review of the petition

was more complimentary than the District Board’s, and that the District Board members

19

did not acknowledge the merits of the petition at the hearing. The Napa Foundation does

not, however, adequately explain how these facts constitute evidence of unfairness or that

the District Board failed to proceed in the manner required by law.

Notwithstanding the presumption in favor of granting charter petitions, contrary to

the Napa Foundation’s contentions, none of the arguments advanced here would support

a conclusion that the District Board failed to proceed in the manner required by law.

Because we conclude that there was no evidence in the record to support the State

Board’s conclusion that “the district abused its discretion by failing to proceed in a

manner required by law because it did not provide a fair and impartial hearing process,”

we further conclude the State Board’s determination was not supported by substantial

evidence (see Martis Camp Community Assn., supra, 53 Cal.App.5th at p. 593 [abuse of

discretion in the context of administrative mandate under Code Civ. Proc., § 1094.5]),

and, alternatively, that its determination was entirely lacking in evidentiary support (see

Martis Camp Community Assn., at pp. 593-594 [abuse of discretion in the context of

ordinary mandate under Code Civ. Proc., § 1085]).

III

The State Board’s Review of the County Board’s Decision

The Napa Foundation argues that the record contained sufficient evidence to

demonstrate to the State Board that the County Board failed to proceed in the manner

required by section 47605, subdivision (c)(7). The Napa Foundation also argues that

substantial evidence supported the State Board’s determination that the County Board

“did not provide evidence in the documentary record that the proposed charter would

substantially undermine existing services, offerings, or programs.”

A. The Written Factual Findings Requirement and Timeliness

The Napa Foundation contends that substantial evidence supported the

determination that the County Board abused its discretion by violating the requirement in

section 47605, subdivision (c) that it make written factual findings to support its

20

determination under subdivision (c)(7) of that section. When the County Board voted to

deny the petition on March 15, 2022, it did not make any written factual findings, and, as

such, it abused its discretion. For the reasons we now explain, we disagree.

As stated, section 47605 provides: “The governing board of the school district

shall not deny a petition for the establishment of a charter school unless it makes written

factual findings, specific to the particular petition, setting forth specific facts to support

one or more” of the statutory findings set forth in section 47605, subdivision (c)(1)

through (8). (§ 47605, subd. (c).) When it voted to deny the petition on March 15, 2022,

the County Board did not make written factual findings. Prior to their vote, one of the

members of the County Board noted that they “ha[d] to draft written findings and [¶]

. . . [¶] findings have to talk about the fiscal impact of the Charter school.” After the vote,

the County Board designated two of its members to work with legal counsel and

memorialize its findings and denial in writing, indicating that the grounds for denial that

should appear in the written findings included the fiscal impact of the Mayacamas

Charter School and whether its establishment would substantially undermine other

programs.

The County Board was statutorily required to make written factual findings,

setting forth specific facts to support its decision to deny the petition based on one or

more of the statutory grounds. (§ 47605, subd. (c).) The Napa Foundation’s position is,

in effect, that the County Board was required to tender these written factual findings

simultaneously with its vote to deny the petition or its denial was ineffective. The Napa

Foundation, however, reads into the statute a requirement that it does not contain. (See

San Francisco Unified School Dist. v. San Francisco Classroom Teachers Assn. (1990)

222 Cal.App.3d 146, 149 [“a court engaged in statutory construction cannot create

exceptions, contravene plain meaning, insert what is omitted, omit what is inserted, or

rewrite the statute”]; see also Security Pacific National Bank v. Wozab (1990) 51 Cal.3d

991, 998 [it is a “cardinal rule of statutory construction that courts must not add

21

provisions to statutes”]; Abdelqader v. Abraham (2022) 76 Cal.App.5th 186, 198

[appellate court will not read into statute any language that does not appear therein].)

We note the logic of not requiring written findings delivered with the decision.

During a public hearing on a charter petition, the chartering authority may be persuaded

by public comment, by remarks from members of the chartering authority itself, or

otherwise. While the chartering authority may agree that denial is appropriate, it may

require time post-hearing to draft written factual findings. Although the chartering

authority could defer its denial in these circumstances, we find no requirement in section

47605 that it do so. And, of course, if the prepared written factual findings did not reflect

the actual grounds for denial, they would not be adopted by that body.

Nevertheless, the statute does make clear that a valid denial of a charter petition

must include “written factual findings, specific to the particular petition, setting forth

specific facts to support one or more of the” statutory grounds for denial. (§ 47605, subd.

(c).) Here, on April 5, 2022, the County Board adopted written factual findings to

support its determination. Given the “written factual findings” requirement in section

47605, subdivision (c), we conclude the County Board’s March 15, 2022, denial of the

petition was not effective until the County Board adopted the written factual findings on

April 5, 2022.

As an aside, we note that the Napa Foundation claims that it was prejudiced in

appealing to the State Board because the County Board did not adopt written findings for

21 days after its initial denial, leaving the Napa Foundation only nine days to prepare its

appeal to the State Board with the benefit of those written findings. While the Napa

Foundation is correct that it had 30 days to file its appeal to the State Board (§ 47605,

subd. (k)(2)(A)), here, that 30-day period would not have begun to run until the County

Board’s denial became effective on April 5, 2022.

We turn now to the Napa Foundation’s timeliness argument. The Napa

Foundation argues that, even if the procedure followed by the County Board was

22

permissible, the written findings were not timely made such that the denial occurred

within 90 days after receipt of the petition on December 21, 2021, as required under

section 47605, subdivision (b).

The submission to the County Board was authorized by section 47605, subdivision

(k). That subdivision provides, in pertinent part: “If the governing board of a school

district denies a petition, the petitioner may elect to submit the petition for the

establishment of a charter school to the county board of education. . . . At the same time

the petition is submitted to the county board of education, the petitioner shall also provide

a copy of the petition to the school district. The county board of education shall review

the petition pursuant to subdivisions (b) and (c).” (§ 47605, subd. (k)(1)(A)(i).)

Section 47605, subdivision (b), in turn, provides: “Following review of the

petition and the public hearing, the governing board of the school district shall either

grant or deny the charter within 90 days of receipt of the petition, provided, however, that

the date may be extended by an additional 30 days if both parties agree to the extension.

A petition is deemed received by the governing board of the school district for purposes

of commencing the timelines described in this subdivision on the day the petitioner

submits a petition to the district office, along with a signed certification that the petitioner

deems the petition to be complete.” (§ 47605, subd. (b).)

The Napa Foundation submitted its petition to the County Board on December 21,

2021. Based on this date, the County Board’s denial, effective as of the April 5, 2022,

date the County Board adopted its written factual findings, would be untimely as beyond

the 90-day period. (§ 47605, subd. (b).)

The Educational Legal Alliance, however, relies on a different date for the

effective submission of the petition to the County Board. Again, under section 47605,

“[a]t the same time the petition is submitted to the county board of education, the

petitioner shall also provide a copy of the petition to the school district.” (§ 47605, subd.

(k)(1)(A)(i).) According to the Educational Legal Alliance, the Napa Foundation did not

23

perfect its submission to the County Board until January 5, 2022, when it provided a copy

to the School District. If this is correct, the April 5, 2022, denial, including the adoption

of the written factual findings, would be timely under the 90-day timeline, if barely.

With regard to the January 5, 2022, date, there does appear in the record an email

sent on that date from a co-president and member of the board of directors of the Napa

Foundation to the superintendent of the School District concerning the submission to the

County Board. According to the text, the email included as an attachment a complete

copy of the “materials we’ve submitted with our petition on appeal, which we previously

provided to you.” This supports the Educational Legal Alliance’s position.

In addressing the argument that the 90-day period did not begin to run until the

submission of the petition to the School District, the Napa Foundation states that “a copy

of the petition was transmitted to the District on December 31, 2021. [Citation.] Thus,

even if December 31, 2021, is deemed to be when the timelines in section

47605[, subdivision](b) commenced, the findings ratified by the County Board on April

5, 2022, still occurred beyond the 90-day period for the charter petition to be approved or

denied.”

The record contains what appears to be an earlier email, dated December 31, 2021,

from the same co-president and member of the board of directors of the Napa Foundation

to the superintendent of the County Board. Unlike the January 5, 2022, email, the

December 31, 2021, email does not display sender and recipient email addresses. Of

relevance here, in the body of the email, the sender states: “We are hereby presenting the

petition to the District via Superintendent Mucetti at the very same time by copy of this e-

mail.” There appears to be an attachment which, based on the representations in the

email, was a copy of the petition downloaded from the School District’s own website.

Towards the top of the text, above the salutation, appears, “to bnemko, rmucetti, ljdaley”;

rmucetti does appear to correspond to the identifying portion of the School District

superintendent’s email address.

24

We are wary of concluding that, on its submission to the County Board, the Napa

Foundation successfully submitted the petition to the School District based on what

appears to be an email sent to the County Board, not the School District, which may have

been copied to the superintendent of the School District. However, our conclusion does

not rest on this specific determination.

Once again, at “the same time the petition is submitted to the county board of

education, the petitioner shall also provide a copy of the petition to the school district.

The county board of education shall review the petition pursuant to subdivisions (b) and

(c).” (§ 47605, subd. (k)(1)(A)(i).) Under section 47605, subdivision (b), a petition is

deemed received “for purposes of commencing the timelines described in this subdivision

on the day the petitioner submits a petition to the district office, along with a signed

certification that the petitioner deems the petition to be complete.” (Id., subd. (b).) The

relevant 90-day period is a component of the “timelines described in this subdivision”

(ibid.), and necessarily applies to submissions to a county board (id., subd. (k)(1)(A)(i)).

Thus, the Napa Foundation’s submission to the County Board would be deemed received

on the day the Napa Foundation, among other things, “submit[ted] a petition to the

district office, along with a signed certification that” the Napa Foundation deemed the

petition to be complete. (Id., subd. (b).)

The December 31, 2021, email represents that, attached to it was a copy of the

petition downloaded from the School District’s website. The message takes pains to state

that it was downloaded “from the District’s website itself, so there can be no question

about it being the same” as the petition that was before the District Board. Even

assuming the Napa Foundation submitted a copy of the petition to the School District, as

well as the County Board, as required, there is no indication in the December 31, 2021,

communication, or other record support, that the Napa Foundation also provided the

School District with a signed certification that it “deems the petition” to the County

Board “to be complete.” (§ 47605, subd. (b).) Nor could we infer as much, given that

25

the sender downloaded the petition from the School District’s website, which would not

contain a certification that the Napa Foundation deemed the petition to the County Board

to be complete.

We note that subdivision (b) of section 47605 provides the procedures and

deadlines under which the governing board of a school district must address a charter

school petition. Incorporating its provisions as applicable to submissions to a county

board as provided for in section 47605, subdivision (k)(1)(A)(i) poses the question of

whether the reference to submission of the petition and certification “to the district

office” is, in the context of a submission to a county board, intended to refer to the county

board rather than a district office. However, given the requirement that the appealing

petitioner submit the petition to both the county board of education and the school district

simultaneously (§ 47605, subd. (k)(1)(A)(i)), we conclude the plain language of the

statute, considered as a whole, requires submission of both the petition and the

certification to both entities simultaneously. (See Harris v. University Village Thousand

Oaks CCRC LLC (2020) 49 Cal.App.5th 847, 853 [in considering statutory language,

courts “examine the plain language of the statute, ‘giving the words their usual, ordinary

meaning’ ” and construe the statutory language “ ‘in the context of the statute as a whole

and the overall statutory scheme’ ”].)

On this record, if the Napa Foundation perfected its submission under section

47605, it did so no earlier than January 5, 2022, as suggested by the email sent to the

superintendent of the School District indicating that attached was a “complete pdf copy

of the materials we’ve submitted with our petition on appeal . . . .” The County Board’s

April 5, 2022, denial, incorporating the written factual findings was therefore timely.

Accordingly, to the extent the State Board, in stating that the County Board “did

not satisfy the requirements of” section 47605, subdivision (c)(7), concluded that the

County Board’s denial did not include written factual findings, or that the County Board

did not timely deny the petition, we conclude the State Board’s findings were not

26

supported by substantial evidence in light of the whole record (Martis Camp Community

Assn., supra, 53 Cal.App.5th at p. 593), and were “entirely lacking in evidentiary

support” (id. at pp. 593-594).

B. The County Board’s Factual Findings

The Napa Foundation argues that, insofar as the State Board reviewed the County

Board’s subsequently ratified written factual findings, the State Board acted within its

discretion in determining that there was insufficient evidence that the Mayacamas Charter

School would “substantially undermine” existing district services. (§ 47605, subd.

(c)(7).) Again, we disagree.

The written factual findings found that, taking into consideration the fiscal impact

of the proposed school, the Mayacamas Charter School was unlikely to serve the interests

of the entire community in which it was proposing to locate (§ 47605, subd. (c)(7)), that

the Mayacamas Charter School “would substantially undermine existing services,

academic offerings, or programmatic offerings” (id., subd. (c)(7)(A)), but that it would

not “duplicate a program currently offered within the school district [where] the existing

program ha[d] sufficient capacity for the pupils proposed to be served within reasonable

proximity to where the charter school intends to locate” (id., subd. (c)(7)(B)). More

specifically, the written factual findings stated: the Mayacamas Charter School would

have a material negative fiscal impact on the School District; the School District had

declining enrollment that was projected to reduce its student population by 17.05 percent

over a ten-year period and that this would necessitate significant School District staff

layoffs over the coming years; the reduction in students caused by enrollment at the

Mayacamas Charter School would result in an increased reduction in student population

to almost 19 percent over a ten-year period; the School District’s declining enrollment

had been significantly impacting revenue since at least 2014; the School District had been

deficit spending since 2014; the School District’s reserves were critically low; the Napa

County Office of Education had directed the School District to end deficit spending

27

including by reducing staff and closing smaller schools with low enrollment; the School

District agreed to cut expenses and increase revenues in the areas of food services,

transportation, small schools, facilities use fees, charter schools, extended days, class

size, and district office staffing; without making additional cuts, the School District

would not hold its required reserve in the 2026-2027 school year, and, with the addition

of the Mayacamas Charter School and without additional cuts, the School District would

not hold its required reserve in the 2025-2026 school year; the circumstances would have

been even more dire but for the influx of one-time COVID-19 pandemic funding and

related reduced operational costs; the School District must make significant staffing and

programming cuts over the coming years to stay financially solvent; the School District

likely will have to close more schools, and the loss of students to the Mayacamas Charter

School would exacerbate these circumstances; as a result of funding losses associated

with the enrollment of students at the Mayacamas Charter School, the School District

projected it would have to reduce its number of teachers by 34 over the first five years of

the operation of the Mayacamas Charter School; the School District anticipated having to

cut staffing, close additional schools, reduce programs and services, and reduce contract

expenditures to mitigate the loss of funding that would result from the loss of students to

the Mayacamas Charter School; the School District could have to eliminate its middle

school sports program and elementary school music and physical education programs,

counselors, intervention teachers, and electives and/or close small elementary schools in

the City of Napa; and if the Mayacamas Charter School was approved, the School

District anticipated having to renegotiate and/or terminate contracts with the Napa

County Office of Education for after school programs, summer school programs, and

career technical education or career technical education/CTE programs.

These factual findings were supported by the staff findings prepared for the

County Board. They also were supported by the School District’s 2021-2022 Second

Interim Financial Report Period Narrative. In addition to the foregoing, the School

28

District’s 2021-2022 Second Interim Financial Report Period Narrative stated that

approval of the petition would undermine existing services and programs due to its fiscal

impact, and that, based on the Napa Foundation’s enrollment projections, the School

District would “lose over $1.6 million . . . in the first year and $13 million . . . over 5

years. In response, the [School] District will need to close additional schools, reduce

programs and services for students, lay off additional employees, and reduce expenditures

on contracts.” Additionally, a “Summary What If Analysis” from the Napa County Office

of Education indicated that, for the 2026-2027 fiscal year, the School District’s financial

balance would be more than $9,000,000 lower, and in the negative, with the Mayacamas

Charter School as opposed to without it.

The factual findings demonstrate that the Mayacamas Charter School was

demonstrably unlikely to serve the interests of the entire community based on its fiscal

impact because it “would substantially undermine existing services, academic offerings,

or programmatic offerings.” (§ 47605, subd. (c)(7)(A).) Of course, the Mayacamas

Charter School would not be solely responsible for the negative fiscal circumstances.

However, the County Board’s factual findings plainly demonstrate a substantial negative

fiscal impact on the community that would be attributable to the Mayacamas Charter

School itself. Such impacts include an increased reduction in student population,

diminished revenue, accelerated loss of reserves, an increase in the likelihood of having

to close schools, a reduction in retained teachers and other staff, and a reduction in

programs and services. Contrary to the Napa Foundation’s contentions, we do not

conclude that the record establishes that, if the petition were approved, it would have

merely “some measurable fiscal impact on the District,” or “ ‘an’ impact” as

distinguished from an impact that “would substantially undermine existing services,

academic offerings, or programmatic offerings.” (§ 47605, subd. (c)(7)(A).)

In the context of this factual record, the determination of the State Board, in

reviewing the County Board’s decision for abuse of discretion (§ 47605, subd. (k)(2)(E)),

29

that the County Board “did not provide evidence in the documentary record that the

proposed charter would substantially undermine existing services, offerings, or

programs” was not supported by substantial evidence in light of the whole record (Martis

Camp Community Assn., supra, 53 Cal.App.5th at p. 593), and was arbitrary, capricious,

and entirely lacking in evidentiary support (id. at pp. 593-594).

The Napa Foundation argues that the County Board’s findings “did not account for

analysis in the record indicating that any projected loss of District enrollment would be

entirely negated by the District’s expansion of transitional kindergarten and the influx of

young students into the district’s schools.” Findings prepared by the Napa County Office

of Education noted that the School District’s demographer “estimates that [the School

District] will add approximately 460 units of Average Daily Attendance by the 2025-2026

school year when Transitional Kindergarten is fully expanded.” However, in the 2021-

2022 Second Interim Financial Report Period Narrative, the School District noted that

enrollment had declined by 1,429 students from the 2016-2017 school year to the 2021-

2022 school year, and that “[e]ven after adjusting for increased Transitional Kindergarten

enrollment, approval of a charter by [the Napa County Office of Education] will

accelerate declining enrollment.” At most, the record was conflicting on this one discrete

point, and, either way, in the context of the entire record, it is certainly not sufficient itself

to establish that the State Board’s determination—that the County Board did not provide

evidence that the Mayacamas Charter School would substantially undermine existing

services, offerings, or programs—was supported by substantial evidence or was not

arbitrary, capricious, and entirely lacking in evidentiary support.

The Napa Foundation argues that the trial court applied an incorrect standard of

review, focusing on whether the evidence supported the County Board’s decision rather

than focusing on whether the State Board’s decision was arbitrary, capricious, or entirely

lacking in evidentiary support. The Napa Foundation contends that the court substituted

its own judgment for that of the State Board. However, we are concerned with the State

30

Board’s decision, not the trial court’s. “On appeal in mandate actions, the trial court and

appellate court perform the same function. [Citations.] We review the agency’s action,

not the trial court’s decision.” (Martis Camp Community Assn., supra, 53 Cal.App.5th at

p. 593.)

The State Board’s determination was not supported by substantial evidence in light

of the whole record (Martis Camp Community Assn., supra, 53 Cal.App.5th at p. 593),

and, alternatively, was arbitrary, capricious, and entirely lacking in evidentiary support

(id. at pp. 593-594). The State Board failed to properly apply the abuse of discretion

standard of review as it was statutorily required to do. (§ 47605, subd. (k)(2)(E).)

IV

Section 47605, Subdivision (k)(2)(E)

The Napa Foundation argues that the trial court improperly analyzed whether the

State Board found that abuses of discretion were committed by both the District Board

and the County Board. According to the Napa Foundation, the version of section 47605,

former subdivision (k)(2)(E) in effect at the time only required the State Board to find an

abuse of discretion committed by either the District Board or the County Board to

support its determination.

We have concluded that the State Board’s determination reviewing both the

District Board’s and the County Board’s decisions was not supported by substantial

evidence in light of the whole record, (Martis Camp Community Assn., supra,

53 Cal.App.5th at p. 593), and, alternatively, that it was arbitrary, capricious, and entirely

lacking in evidentiary support (id. at pp. 593-594). Because the State Board did not

properly reverse either the District Board or the County Board, the question of whether a

prior iteration of section 47605 required the State Board to find both the District Board

and the County Board’s decisions to be an abuse of discretion in order to reverse, or if it

only required such a finding as to one or the other, is immaterial. We need not resolve

this issue of statutory construction of a now-superseded provision of section 47605.

31

DISPOSITION

The judgments are affirmed. The Napa Valley Unified School District and the

California School Boards Associations Educational Legal Alliance shall recover their

costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1), (2).)

\s\ ,

Krause, J.

We concur:

\s\ ,

Hull, Acting P. J.

\s\ ,

Mesiwala, J.

32

Filed 4/10/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

----

NAPA VALLEY UNIFIED SCHOOL DISTRICT,

Plaintiff and Respondent, C099068

v. (Super. Ct. No. 34-2022-

80004051-CU-WM-GDS)

STATE BOARD OF EDUCATION,

ORDER CERTIFYING

Defendant and Respondent; OPINION FOR

PUBLICATION

NAPA FOUNDATION FOR OPTIONS IN

EDUCATION,

Real Party in Interest and Appellant;

NAPA COUNTY OFFICE OF EDUCATION,

Real Party in Interest.

1

CALIFORNIA SCHOOL BOARDS ASSOCIATIONS C099069

EDUCATIONAL LEGAL ALLIANCE,

(Super. Ct. No. 34-2023-

Plaintiff and Respondent, 80004069-CU-WM-GDS)

v. ORDER CERTIFYING

OPINION FOR

STATE BOARD OF EDUCATION, PUBLICATION

Defendant and Respondent;

NAPA FOUNDATION FOR OPTIONS IN

EDUCATION,

Real Party in Interest and Appellant.

THE COURT:

The opinion in the above-entitled matter filed on March 14, 2025, was not

certified for publication in the Official Reports. For good cause, it now appears that the

opinion should be published in the Official Reports, and it is so ordered.

2

EDITORIAL LISTING

APPEALS from a judgment granting a petition for writ of mandate of the Superior

Court of Sacramento County, Shelleyanne Wai Ling Chang, Judge. Affirmed.

Garcia Hernández Sawhney, Bonifacio Bonny Garcia, Mary T. Hernández, Alex C.

Sears, and Conor H. Kennedy for Plaintiff and Respondent Napa Valley Unified School

District in No. C099068.

Dannis Woliver Kelley, Sue Ann Salmon Evans, and Keith A. Yeomans for

Plaintiff and Respondent California School Boards Associations Education Legal

Alliance in No. C099069.

Young, Miney & Corr, John C. Lemmo, Lee J. Rosenberg, and Paul S. Theis for

Real Party in Interest and Appellant Napa Foundation for Options in Education.

Weintraub Tobin Chediak Coleman Grodin, James Kachmar; Julie Ashby

Umansky for California Charter Schools Association as Amicus Curiae on behalf of Real

Party in Interest and Appellant Napa Foundation for Options in Education.

No appearance for Defendant and Respondent.

3

BY THE COURT:

\s\

Hull, Acting P. J.

\s\

Krause, J.

\s\

Mesiwala, J.

4

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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