Opinion

San Francisco Unified School District v. Johnson

  • 3 Cal. 3d 937
  • 92 Cal. Rptr. 309
  • 479 P.2d 669
  • 1971 Cal. LEXIS 384
Court
California Supreme Court
Filed
Jan 26, 1971
Status
Published
Author
Burke
On the bench
Burke, Tobriner
Cited by
125 cases

The opinion

BURKE, J.

I concur in the judgment and in those portions of the major *961 ity opinion which hold that Education Code section 1009.5 does no more than prohibit a school district from compelling students, without parental consent, to use means of transportation furnished by the district. However, I do not believe that the section is reasonably susceptible of being construed as undertaking to prohibit the board from assigning a student to a particular school without parental consent. Accordingly, it seems to me that we should defer consideration of issues of constitutionality of a statute involving parental consent to pupil assignment until such time as we may be confronted with such a statute.

Wright, C. J., and McComb, J., concurred.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.