CA School Boards v. St. Bd. of Ed.

Filed 9/4/15; part. pub. & second mod. order 9/25/15 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

CALIFORNIA SCHOOL BOARDS

ASSOCIATION ET AL.,

Petitioners and Respondents, A136327

v. (Alameda County STATE BOARD OF EDUCATION, Super. Ct. No. RG07353566) Respondent and Appellant;

ASPIRE PUBLIC SCHOOLS, INC.,

Real Party in Interest

THE COURT:

The written opinion, which was filed on September 4, 2015, is modified as follows: In the first full paragraph on page 12 of the opinion, the quote that reads: “The power to change the boundaries of the [school] district, as well as to define them in the first instance, is of legislative origin, and, whether exercised immediately by the Legislature or immediately by a board of supervisors—the local legislature—is, whenever exercised, a legislative act.” Shall be changed to: “The power to change the boundaries of the [school] district, as well as to define them in the first instance, is of legislative origin, and, whether exercised immediately by

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