Hamilton

This appeal is from the superior court judgment denying a petition for writ of mandate filed pursuant to Code of Civil Procedure section 1085. If granted, the writ would have overruled a decision by the State Board of Education (State Board) rejecting appellants’ petitions for formation of a new elementary school district and a new high school district in Walnut Creek.

Interveners in this action are the three existing school districts which would be affected by the proposed new Walnut Creek districts and interested parents of those districts. Interveners urge affirmance of the judgment.

The only issue on appeal is whether the State Board of Education has discretion to deny a petition for formation of a new school district where the petition meets the criteria guidelines established for review of such petitions in the California Administrative Code, title 5, section 18573. We conclude that the State Board of Education has such discretion.

Facts

In March 1977, appellants, who are residents and taxpayers of the Walnut Creek area, petitioned pursuant to Education Code section 35500 et seq., for the formation of new Walnut Creek elementary and high school districts, to be…