# San Francisco Unified School District v. Johnson

> California Supreme Court · January 26, 1971 · 3 Cal. 3d 937

URL: https://www.frixlaw.com/law-library/cases/9541075

## Case

- **Full name:** SAN FRANCISCO UNIFIED SCHOOL DISTRICT Et Al., Petitioners, v. DONALD JOHNSON, as Complex Planning Officer, Etc., Respondent
- **Court:** California Supreme Court
- **Decided:** January 26, 1971
- **Citations:** 3 Cal. 3d 937; 92 Cal. Rptr. 309; 479 P.2d 669; 1971 Cal. LEXIS 384
- **Precedential status:** Published
- **Opinion:** Concurrence by Burke
- **Judges:** Burke, Tobriner
- **Cited by:** 125 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9541075

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9541075. Public record. Not legal advice.