California Court of Appeal

The trial court did not err in denying a petition for a writ of administrative mandamus challenging defendant-school district's decision to involuntarily transfer petitioner-student from the high school to a continuation school, where: 1) Education Code section 48432.5 requires a hearing upon request and administrative actions made pursuant to this statute are subject to judicial review under Code of Civil Procedure section 1094.5; 2) Education Code section 48432.5 does not demand reasonable exhaustion of all other means of correction before a student can be involuntarily transferred to continuation school; and 3) the substantial evidence test is proper because an involuntary transfer does not substantially affect a fundamental vested right.

Appellate Information

• Decided 03/25/2014
• Published 03/25/2014

Judges

• KANE

Court

• California Court of Appeal

Counsel