CALIFORNIA, BY LAW AND CUSTOM, HAS HISTORICALLY OPERATED ON THE DEMOCRATIC PRINCIPLE OF EQUALITY OF EDUCATION OPPORTUNITY. HOWEVER, PRIMARILY BECAUSE OF RESIDENTIAL SEGREGATION, DE FACTO SEGREGATION DOES EXIST AND HAS BEEN CHALLENGED WITH THE LEGAL AUTHORITY AND MORAL LEADERSHIP OF THE STATE. THE CALIFORNIA EDUCATION CODE PROVIDES FOR THE ESTABLISHMENT, WHEN NECESSARY, OF A COMMISSION TO ASSIST LOCAL SCHOOL DISTRICTS IN PROBLEMS OF DISCRIMINATION. THE EDUCATION CODE ALSO DECLARES THAT EMPLOYMENT OF TEACHERS BY SCHOOL DISTRICTS SHALL BE ON THE BASIS OF QUALIFICATIONS, NO QUESTION RELATING TO POLITICAL OR RELIGIOUS OPINIONS OR RACE, COLOR, OR MARITAL STATUS SHALL BE ASKED OF CANDIDATES FOR EMPLOYMENT. OTHER SECTIONS OF THE EDUCATION CODE PROHIBIT DISCRIMINATORY PRACTICES IN THE AREAS OF STUDENT SCHOLARSHIPS, TEXTBOOKS AND OTHER INSTRUCTIONAL MATERIALS, ATHLETIC EVENTS, MEMBERSHIP IN STUDENT ORGANIZATIONS, AND STUDENT HOUSING. UNDER THE CALIFORNIA ADMINISTRATIVE CODE, IT IS THE POLICY OF THE STATE BOARD OF EDUCATION THAT AGENCIES RESPONSIBLE FOR ASSIGNMENT OF PUPILS OR ESTABLISHMENT OF SCHOOL CENTERS SHALL EXERT EVERY EFFORT TO ELIMINATE SEGREGATION. THIS CODE ALSO INCLUDES POLICY OF NONDISCRIMINATION IN THE ESTABLISHMENT OF SCHOOL ATTENDANCE AREAS AND PRACTICES, IN THE APPROVING OF SCHOOL SITES, AND IN THE FORMATION OF UNIFIED SCHOOL DISTRICTS.