Burlingame Citizens for Neighborhood Schools v. Board of Trustees of Burlingame Elementary School District

Opinion

POCHÉ, J. In this action for declaratory and injunctive relief, damages, and mandate, Burlingame Citizens for Neighborhood Schools (appellant), an unincorporated association, challenged the decision of respondents, Burlingame Elementary School District (district), to close certain schools. The appeal is from the judgment of dismissal entered on an order granting the district’s motion for summary judgment.

[404]The gist of appellant’s complaint, which relies entirely1 on Education Code section 39384,2 is that: (1) before a decision is made to close a school, section 39384 must be complied with; and (2) its requirement of “community involvement” was not met.

The problem with this challenge to the power of the district to close schools unless and until there has been compliance with section [405393]84 is that the statute does not purport to regulate or to set preconditions on decisions to close schools. Instead, its entire thrust is a concern with involvement of the district-wide community in decisions relating to the use or disposition of excess school property. The only portion of section 39384 which refers in any manner to “school closure” is subdivision (b): “It is the intent of the Legislature to have the community involved before decisions are made about school closure.” That precatory language is in no way implemented in the remainder of the statute which is specific in its directions. Before a school district sells, leases or rents for more than thirty days any excess real property section 39384 requires the formation of a committee to advise the governing board in “the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings which is not needed for school purposes.” (§ 39384, subd. (c); italics added.) After public hearings, that advisory committee is required to make its “final determination of limits of tolerance for use of space” and to forward to the district governing board a “report recommending uses of surplus space.” (§ 39384, subds. (e) 4 & 5; italics added.) Thus, the statutory directions concern acts to be taken before sale or lease of excess school property. Because the instant suit—on its face—relates to neither, summary judgment was proper.