California Court of Appeal

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Doe v. Albany Unified Sch. Dist., C063271

In a suit brought by a third-grade student and his father against a school district (District), the District's Board of Education (Board), and the California Department of Education (CDE) claiming that the District and the Board are not complying with the 200-minute requirement of Education Code section 51210(g), and that CDE is facilitating this noncompliance, trial court's judgment sustaining defendants' demurrers without leave to amend is reversed where: 1) while individual school districts may have discretion as to how to administer their physical education programs, those programs must satisfy the 200-minute-per-10-schoolday minimum; and 2) the trial court abused its discretion in refusing to grant plaintiffs leave to amend their complaint to state a claim for a writ of mandate to compel compliance with section 51210(g).

Appellate Information

  • Decided 11/30/2010
  • Published 11/30/2010

Judges

  • HULL

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Donald P. Driscoll, Marsha A. Bedwell

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