San Leandro Teachers Ass'n v. Governing Board of the San Leandro Unified School District

Bad Law
2009 Cal. LEXIS 5417·2009 D.A.R. 88·46 Cal. 4th 822·95 Cal. Rptr. 3d 164·209 P.3d 73
Supreme Court of CaliforniaJune 18, 2009S156961California8,403 words

Opinion

Opinion

Moreno, J.

Shortly before an election, an employee organization that represents school teachers, and which regularly communicates with its members through school mailboxes, sought to distribute literature through these mailboxes that included endorsements of certain school board candidates. The school district administration refused to permit such political communication and the employee organization sought a writ of mandate to have that policy overturned. In order to resolve whether a writ should properly issue in this case, we must construe the meaning of Education Code section 7054, subdivision (a), which prohibits the use of “school district. . . funds, services, supplies or equipment” for urging the support or defeat of political candidates or ballot propositions. The trial court sided with the employee organization but the Court of Appeal reversed, upholding the school district’s policy as within the scope of section 7054. It also determined that the policy did not violate Government Code section 3543.1, subdivision (b), which gives school employee organizations the right to use internal mailboxes subject to “reasonable regulation,” concluding that the school district’s policy…

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