Carlson v. Paradise Unified School District

Opinion

REGAN, J.

Plaintiff sought to enjoin defendant, the governing board of the Paradise Unified School District, from implementing its decision to discontinue .elementary education at the Canyon View School in Magalia, California. After several hearings, the trial court granted a preliminary

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injunction restraining defendant from taking such action. Defendant’s appeal is from the order granting the preliminary injunction.

Defendant states the issue is “whether the governing board of a school district may lawfully take action at a regular, public meeting only on items specifically listed on the agenda posted in advance for that meeting.”

Statement of Facts

On April 8, 1970, a copy of the agenda for the regular meeting of the governing board of the Paradise Unified School District to be held on April 13, 1970, was posted at the Paradise Unified School District office where parents, teachers and the general, public could view it, and it remained so posted until after the meeting had been held. The agenda contained, among other things, 13 items listed under the heading “New Business.” Item No. 7 under this heading was “Continuation school site change.” The agenda did not designate the site to which the continuation school was to be changed, nor did it indicate that consideration was to be given to discontinuing elementary education at the Canyon View School.

The meeting held on April 13, 1970, was the regular monthly meeting of the governing board and all members were present.

The governing board took action at the meeting on April 13, 1970, under the agenda item “Continuation school site change” to change the location of the district’s continuation high school from the site where it was then located to the Canyon View School in Magalia, to discontinue elementary school education at the Canyon View School as of September 1970, and to transfer the Canyon View School elementary students to another school in the district as of September 1970. The action was taken at an open, public session during the meeting.

Plaintiff attempted unsuccessfully at subsequent meetings of the governing board to persuade the board to rescind its action discontinuing elementary education at Canyon View. Plaintiff also attempted unsuccessfully to file a petition pursuant to Education Code section 3106 to prevent the discontinuation of the elementary education at Canyon View School.