San Francisco Unified School District v. Johnson

BURKE, J.

I concur in the judgment and in those portions of the major*961ity opinion which hold that Education Code section 1009.5 does no more than prohibit a school district from compelling students, without parental consent, to use means of transportation furnished by the district. However, I do not believe that the section is reasonably susceptible of being construed as undertaking to prohibit the board from assigning a student to a particular school without parental consent. Accordingly, it seems to me that we should defer consideration of issues of constitutionality of a statute involving parental consent to pupil assignment until such time as we may be confronted with such a statute.

Wright, C. J., and McComb, J., concurred.