San Rafael Elementary School District v. State Board of Education

This case concerns the scope of authority of the State Board of Education (the Board) to review a decision of a local county committee, the Marin County Committee on District Organization (the Committee), regarding the transfer of territory from one school district to another under Education Code sections 35710.5 and 35711.

The Committee disapproved a transfer of territory in Marin County from the San Rafael Elementary School District (San Rafael Elementary) to the Dixie School District (Dixie). The Board rejected the Committee findings, made its own findings supporting a transfer, reversed the Committee decision and directed that the transfer go forward.

San Rafael Elementary filed this action. The trial court granted San Rafael Elementary’s petition for a writ of mandate overturning the Board’s decision. The trial court concluded the Board had no authority under section 35710.5 to consider de nova the findings made by the Committee as the basis for its decision. This appeal followed.

The Board and the proponents of the transfer, the real parties in interest, contend the trial court erred in construing section 35710.5 to limit the Board’s authority to review the…