Mooney

Appellant Norina Mooney challenges the trial court’s denial of her writ petition seeking to compel respondents Richard Garcia, president of the San Jose Unified School District board (the Board), and Vincent Matthews, San Jose Unified School District superintendent (collectively SJUSD), to place on the Board’s agenda an item she proposed. She maintains that SJUSD had a ministerial duty under Education Code section 35145.5 to place her proposed item on the agenda. SJUSD contends that mandate relief is unavailable because the statute granted it a measure of discretion in making a decision as to whether a proposed item was “directly related to school district business” within the meaning of the statute. SJUSD contends that it did not abuse its discretion in rejecting the proposed item. We agree with SJUSD and affirm the trial court’s order denying Mooney’s writ petition.

I. Education Code Section 35145.

Education Code section 35145.5 provides, in its entirety: “It is the intent of the Legislature that members of the public be able to place matters directly related to school district business on the agenda of school district governing board meetings. Every agenda for…