Parent Has Standing to Seek Enforcement of School District's Duties under Anti-Bullying Statutes

In Hector F. v. El Centro Elementary School District, published June 24, 2014, the Fourth District Court of Appeal, Division 1, reversed the dismissal on demurrer of the portion of a complaint in which a father of a child who graduated from the defendant school district sought to enforce the district's duty to adopt and implement a comprehensive safety plan against harassment and discrimination under Education Code section 32282.  The trial court ruled that because the plaintiff's child no longer attended any school run by the district, the father did not have the beneficial interest in enforcing the duty necessary for standing to bring a writ petition.  The appellate court held that the public interest exception to the beneficial-interest requirement applied.  The exception permits a taxpayer to petition for a writ of mandamus to enforce a right owed to the public, unless other factors weigh against permitting the suit.  Here, the duty to prevent bullying is owed to the public, and no other factors weigh against permitting standing.