California Court of Appeal

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Ochoa v. Anaheim City Sch. Dist., 052409

In a case involving the Parent Empowerment Act of 2010, Ed. Code sections 53300-53303, which allows parents of children in poor-performing schools to trigger a change in the governance of those schools, and in which the school district rejected such a trigger petition submitted by parents seeking implementation of the 'restart model', Ed. Code section 53202(a)(2), intervention plan, the trial court's grant of the parent's petition for writ of mandate, finding the district's reasons for rejecting the trigger petition invalid, is affirmed where: 1) at the time the trigger petition was submitted, the school at issue qualified as a subject school to which the Act applied; 2) substantial evidence supported the findings that the trigger petition met relevant regulations; 3) insufficient evidence showed that the entity called Ed Reform Now constituted an agency or organization that supported the trigger petition through direct financial assistance or in-kind contributions of staff and volunteers; and 4) petitioners exhausted their administrative remedies by submitting the trigger petition to the district in January 2015.

Appellate Information

  • Decided
  • Published 2017/04/28

Judges

  • FYBEL

Court

  • California Court of Appeal

Counsel