State Codes and Statutes

Statutes > California > Edc > 35560-35567

EDUCATION CODE
SECTION 35560-35567



35560.  When a school district is reorganized and when the
allocation of funds, property, and obligations is not fixed by terms,
conditions, or recommendations as provided by law, the funds,
property, and obligations of a former district, except for bonded
indebtedness, shall be allocated as follows:
   (a) The real property and personal property and fixtures normally
situated thereat shall be the property of the district in which the
real property is located.
   (b) All other property, funds, and obligations, except bonded
indebtedness, shall be divided pro rata among the districts in which
the territory of the former district is included. The basis for the
division and allocation shall be the assessed valuation of the part
of the former district which is included within each of the
districts.



35561.  Any funds derived from the sale of the school bonds issued
by the former district shall be used for the acquisition,
construction, or improvement of school property only in the territory
which comprised the former district or to discharge bonded
indebtedness of the former district, except that if the bonded
indebtedness is assumed by the new district, the funds may be used in
any area of the new district for the purposes for which the bonds
were originally voted.


35562.  If all the territory of any school district becomes part of
two or more districts of any type, and the inclusion in the two or
more new school districts of the several portions of territory
comprising the whole of the original district is effective for all
purposes on the same date, the records of the original district shall
be disposed of as follows:
   (a) All records of the original district which are required by law
to be kept on file shall be deposited with the governing board of
the district which, after the reorganization has become effective for
all purposes, has located within its boundaries the former office of
the superintendent of the original district.
   (b) Records of employees shall be transferred to the district
thereafter employing the personnel or thereafter maintaining the last
place of employment.
   (c) Records of pupils shall be transferred to the district which,
after the date on which the reorganization becomes effective for all
purposes, maintains the school in which a pupil was last enrolled.




35563.  (a) If all of the territory of any school district becomes
part of two or more school districts of any type, and the inclusion
in the two or more new school districts of the several portions of
territory comprising the original district is effective for all
purposes on the same date, the county superintendent of schools
having jurisdiction over the original district shall assume
responsibility for all of the following:
   (1) Completing all records and reports of the original district.
   (2) Paying all outstanding obligations, except obligations
resulting from contracts which are to be assumed by a succeeding
district.
   (3) Preparing for proper filing all records of the district
required to be kept permanently by the provisions of any applicable
code.
   (4) Distributing records as provided in Section 35562.
   (5) Employing an auditor as required in Section 41020.
   (6) Discharging such other functions as he or she shall deem
necessary to the dissolution of the district.
   (b) In discharging these duties, the county superintendent may
request the services of employees of the original or succeeding
district, and the succeeding districts shall release such employees
to the county superintendent for the purpose of accomplishing the
requirements of this section. The salaries of such employees and all
other necessary expenses of completing the requirements of this
section shall be charged against the accumulated funds of the
dissolved district prior to the final distribution of such funds to
the succeeding districts.



35564.  If the reorganization of a school district under this
chapter results in the relocation of district boundaries so that a
portion of the pupils will not be residents of the district
thereafter maintaining a school previously attended by the pupils,
and if there is in the school an organized student body, the
property, funds, and obligations of the student body shall be divided
as determined by the county committee, except that the share shall
not exceed an amount equal to the ratio which the number of pupils
leaving the school bears to the total number of pupils enrolled. The
ownership of the property, funds, and obligations, which is the
proportionate share of each segment of the student body, shall be
transferred to the student body of the school or schools in which the
pupils are enrolled after the reorganization. Funds from devises,
bequests, or gifts made to the organized student body of a school
shall remain the property of the organized student body of that
school and shall not be divided.



35565.  If a dispute arises between the governing boards of the
districts concerning the division of funds, property, or obligations,
a board of arbitrators shall be appointed which shall resolve the
dispute. The board shall consist of one person selected by each
district from which territory is withdrawn pursuant to a
reorganization action under this chapter, one person selected by each
district of which territory has become a part pursuant to that
reorganization action, and either one or two persons, such that the
board of arbitrators contains an odd number of persons, appointed by
the county superintendent of schools of the county in which the
districts are located. The districts involved may mutually agree that
a person appointed as arbitrator by the county superintendent of
schools may act as sole arbitrator of the matters to be submitted to
arbitration. The necessary expenses and compensation of the
arbitrators shall be divided equally between the districts, and the
payment of the portion of the expenses is a legal charge against the
funds of the school districts. The arbitrator or arbitrators shall
make a written finding on the matter submitted to arbitration. The
written finding and determination of a majority of the board of
arbitrators is final and binding upon the school districts submitting
the question to the board of arbitration.



35566.  Notwithstanding any provisions of this article, exchanges of
property tax revenues between school districts as a result of
reorganization shall be determined pursuant to subdivision (i) of
Section 99 of the Revenue and Taxation Code if one or more affected
school districts receiving only basic aid apportionments required by
Section 6 of Article IX of the California Constitution.



35567.  (a) This section shall be implemented only if the State
Allocation Board determines that the Twin Rivers Unified School
District has insufficient eligibility for a grant of funds pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1 with which to complete the East Natomas
Education Complex project as contracted by the Grant Joint Union High
School District.
   (b) Notwithstanding paragraph (1) of subdivision (b) of Section
17071.75 and related regulations regarding occupancy for purposes of
determining eligibility for new construction funding, the Twin Rivers
Unified School District may occupy a portion of the East Natomas
Education Complex project without jeopardizing its future eligibility
for funding, pursuant to Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1, for purposes of
constructing and completing the East Natomas Education Complex
project. The occupancy exception set forth in this subdivision shall
be limited to the number of classrooms necessary to house up to 1,000
pupils pursuant to Section 17071.25 within the footprint of the
middle school as contracted by the Grant Joint Union High School
District. The number of classrooms to be occupied and grade levels of
pupils to be housed in the East Natomas Education Complex project
pursuant to the occupancy exception authorized pursuant to this
subdivision shall be specifically delineated and submitted to the
State Allocation Board before the Twin Rivers Unified School District
occupies any part of the East Natomas Education Complex.
   (c) (1) Notwithstanding subdivision (b), eligibility for new
construction funding for the East Natomas Education Complex project
shall be subject to all other requirements of Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of Title
1 and implementing regulations.
   (2) Once the State Allocation Board determines that the Twin
Rivers Unified School District has sufficient eligibility, and grants
funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of
Part 10 of Division 1 of Title 1 with which to house up to 1,000
unhoused pupils within the middle school of the East Natomas
Education Complex project as contracted by the Grant Joint Union High
School District, the Twin Rivers Unified School District shall no
longer be entitled to use the occupancy exception set forth in
subdivision (b).
   (d) If the Twin Rivers Unified School District calculates or
recalculates, pursuant to subdivision (c) of Section 17071.10, its
existing school building capacity on a districtwide basis, the
district shall use its eligibility to complete construction of the
East Natomas Education Complex project before submitting an
application for other new construction projects in the school
district. If the Twin Rivers Unified School District calculates or
recalculates, pursuant to subdivision (c) of Section 17071.10, its
existing school building capacity on the basis of high school
attendance area, the district shall use its eligibility to complete
construction of the East Natomas Education Complex project before
submitting an application for other new construction projects in that
attendance area.
   (e) This section does not exempt the district's baseline
eligibility from adjustment to reflect the additional classrooms
generated by the project once the project is completed.
   (f) The governing board of the Twin Rivers Unified School District
may initiate nullification of the occupancy exception granted by
this section by submitting a board resolution, adopted at a regularly
scheduled meeting of the governing board and requesting that
nullification, to the State Allocation Board. Upon receipt of this
written notification by the State Allocation Board, the occupancy
exception granted by this section shall be nullified.(g) This section
shall become inoperative on July 1, 2015, and, as of January 1,
2016, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.


State Codes and Statutes

Statutes > California > Edc > 35560-35567

EDUCATION CODE
SECTION 35560-35567



35560.  When a school district is reorganized and when the
allocation of funds, property, and obligations is not fixed by terms,
conditions, or recommendations as provided by law, the funds,
property, and obligations of a former district, except for bonded
indebtedness, shall be allocated as follows:
   (a) The real property and personal property and fixtures normally
situated thereat shall be the property of the district in which the
real property is located.
   (b) All other property, funds, and obligations, except bonded
indebtedness, shall be divided pro rata among the districts in which
the territory of the former district is included. The basis for the
division and allocation shall be the assessed valuation of the part
of the former district which is included within each of the
districts.



35561.  Any funds derived from the sale of the school bonds issued
by the former district shall be used for the acquisition,
construction, or improvement of school property only in the territory
which comprised the former district or to discharge bonded
indebtedness of the former district, except that if the bonded
indebtedness is assumed by the new district, the funds may be used in
any area of the new district for the purposes for which the bonds
were originally voted.


35562.  If all the territory of any school district becomes part of
two or more districts of any type, and the inclusion in the two or
more new school districts of the several portions of territory
comprising the whole of the original district is effective for all
purposes on the same date, the records of the original district shall
be disposed of as follows:
   (a) All records of the original district which are required by law
to be kept on file shall be deposited with the governing board of
the district which, after the reorganization has become effective for
all purposes, has located within its boundaries the former office of
the superintendent of the original district.
   (b) Records of employees shall be transferred to the district
thereafter employing the personnel or thereafter maintaining the last
place of employment.
   (c) Records of pupils shall be transferred to the district which,
after the date on which the reorganization becomes effective for all
purposes, maintains the school in which a pupil was last enrolled.




35563.  (a) If all of the territory of any school district becomes
part of two or more school districts of any type, and the inclusion
in the two or more new school districts of the several portions of
territory comprising the original district is effective for all
purposes on the same date, the county superintendent of schools
having jurisdiction over the original district shall assume
responsibility for all of the following:
   (1) Completing all records and reports of the original district.
   (2) Paying all outstanding obligations, except obligations
resulting from contracts which are to be assumed by a succeeding
district.
   (3) Preparing for proper filing all records of the district
required to be kept permanently by the provisions of any applicable
code.
   (4) Distributing records as provided in Section 35562.
   (5) Employing an auditor as required in Section 41020.
   (6) Discharging such other functions as he or she shall deem
necessary to the dissolution of the district.
   (b) In discharging these duties, the county superintendent may
request the services of employees of the original or succeeding
district, and the succeeding districts shall release such employees
to the county superintendent for the purpose of accomplishing the
requirements of this section. The salaries of such employees and all
other necessary expenses of completing the requirements of this
section shall be charged against the accumulated funds of the
dissolved district prior to the final distribution of such funds to
the succeeding districts.



35564.  If the reorganization of a school district under this
chapter results in the relocation of district boundaries so that a
portion of the pupils will not be residents of the district
thereafter maintaining a school previously attended by the pupils,
and if there is in the school an organized student body, the
property, funds, and obligations of the student body shall be divided
as determined by the county committee, except that the share shall
not exceed an amount equal to the ratio which the number of pupils
leaving the school bears to the total number of pupils enrolled. The
ownership of the property, funds, and obligations, which is the
proportionate share of each segment of the student body, shall be
transferred to the student body of the school or schools in which the
pupils are enrolled after the reorganization. Funds from devises,
bequests, or gifts made to the organized student body of a school
shall remain the property of the organized student body of that
school and shall not be divided.



35565.  If a dispute arises between the governing boards of the
districts concerning the division of funds, property, or obligations,
a board of arbitrators shall be appointed which shall resolve the
dispute. The board shall consist of one person selected by each
district from which territory is withdrawn pursuant to a
reorganization action under this chapter, one person selected by each
district of which territory has become a part pursuant to that
reorganization action, and either one or two persons, such that the
board of arbitrators contains an odd number of persons, appointed by
the county superintendent of schools of the county in which the
districts are located. The districts involved may mutually agree that
a person appointed as arbitrator by the county superintendent of
schools may act as sole arbitrator of the matters to be submitted to
arbitration. The necessary expenses and compensation of the
arbitrators shall be divided equally between the districts, and the
payment of the portion of the expenses is a legal charge against the
funds of the school districts. The arbitrator or arbitrators shall
make a written finding on the matter submitted to arbitration. The
written finding and determination of a majority of the board of
arbitrators is final and binding upon the school districts submitting
the question to the board of arbitration.



35566.  Notwithstanding any provisions of this article, exchanges of
property tax revenues between school districts as a result of
reorganization shall be determined pursuant to subdivision (i) of
Section 99 of the Revenue and Taxation Code if one or more affected
school districts receiving only basic aid apportionments required by
Section 6 of Article IX of the California Constitution.



35567.  (a) This section shall be implemented only if the State
Allocation Board determines that the Twin Rivers Unified School
District has insufficient eligibility for a grant of funds pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1 with which to complete the East Natomas
Education Complex project as contracted by the Grant Joint Union High
School District.
   (b) Notwithstanding paragraph (1) of subdivision (b) of Section
17071.75 and related regulations regarding occupancy for purposes of
determining eligibility for new construction funding, the Twin Rivers
Unified School District may occupy a portion of the East Natomas
Education Complex project without jeopardizing its future eligibility
for funding, pursuant to Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1, for purposes of
constructing and completing the East Natomas Education Complex
project. The occupancy exception set forth in this subdivision shall
be limited to the number of classrooms necessary to house up to 1,000
pupils pursuant to Section 17071.25 within the footprint of the
middle school as contracted by the Grant Joint Union High School
District. The number of classrooms to be occupied and grade levels of
pupils to be housed in the East Natomas Education Complex project
pursuant to the occupancy exception authorized pursuant to this
subdivision shall be specifically delineated and submitted to the
State Allocation Board before the Twin Rivers Unified School District
occupies any part of the East Natomas Education Complex.
   (c) (1) Notwithstanding subdivision (b), eligibility for new
construction funding for the East Natomas Education Complex project
shall be subject to all other requirements of Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of Title
1 and implementing regulations.
   (2) Once the State Allocation Board determines that the Twin
Rivers Unified School District has sufficient eligibility, and grants
funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of
Part 10 of Division 1 of Title 1 with which to house up to 1,000
unhoused pupils within the middle school of the East Natomas
Education Complex project as contracted by the Grant Joint Union High
School District, the Twin Rivers Unified School District shall no
longer be entitled to use the occupancy exception set forth in
subdivision (b).
   (d) If the Twin Rivers Unified School District calculates or
recalculates, pursuant to subdivision (c) of Section 17071.10, its
existing school building capacity on a districtwide basis, the
district shall use its eligibility to complete construction of the
East Natomas Education Complex project before submitting an
application for other new construction projects in the school
district. If the Twin Rivers Unified School District calculates or
recalculates, pursuant to subdivision (c) of Section 17071.10, its
existing school building capacity on the basis of high school
attendance area, the district shall use its eligibility to complete
construction of the East Natomas Education Complex project before
submitting an application for other new construction projects in that
attendance area.
   (e) This section does not exempt the district's baseline
eligibility from adjustment to reflect the additional classrooms
generated by the project once the project is completed.
   (f) The governing board of the Twin Rivers Unified School District
may initiate nullification of the occupancy exception granted by
this section by submitting a board resolution, adopted at a regularly
scheduled meeting of the governing board and requesting that
nullification, to the State Allocation Board. Upon receipt of this
written notification by the State Allocation Board, the occupancy
exception granted by this section shall be nullified.(g) This section
shall become inoperative on July 1, 2015, and, as of January 1,
2016, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 35560-35567

EDUCATION CODE
SECTION 35560-35567



35560.  When a school district is reorganized and when the
allocation of funds, property, and obligations is not fixed by terms,
conditions, or recommendations as provided by law, the funds,
property, and obligations of a former district, except for bonded
indebtedness, shall be allocated as follows:
   (a) The real property and personal property and fixtures normally
situated thereat shall be the property of the district in which the
real property is located.
   (b) All other property, funds, and obligations, except bonded
indebtedness, shall be divided pro rata among the districts in which
the territory of the former district is included. The basis for the
division and allocation shall be the assessed valuation of the part
of the former district which is included within each of the
districts.



35561.  Any funds derived from the sale of the school bonds issued
by the former district shall be used for the acquisition,
construction, or improvement of school property only in the territory
which comprised the former district or to discharge bonded
indebtedness of the former district, except that if the bonded
indebtedness is assumed by the new district, the funds may be used in
any area of the new district for the purposes for which the bonds
were originally voted.


35562.  If all the territory of any school district becomes part of
two or more districts of any type, and the inclusion in the two or
more new school districts of the several portions of territory
comprising the whole of the original district is effective for all
purposes on the same date, the records of the original district shall
be disposed of as follows:
   (a) All records of the original district which are required by law
to be kept on file shall be deposited with the governing board of
the district which, after the reorganization has become effective for
all purposes, has located within its boundaries the former office of
the superintendent of the original district.
   (b) Records of employees shall be transferred to the district
thereafter employing the personnel or thereafter maintaining the last
place of employment.
   (c) Records of pupils shall be transferred to the district which,
after the date on which the reorganization becomes effective for all
purposes, maintains the school in which a pupil was last enrolled.




35563.  (a) If all of the territory of any school district becomes
part of two or more school districts of any type, and the inclusion
in the two or more new school districts of the several portions of
territory comprising the original district is effective for all
purposes on the same date, the county superintendent of schools
having jurisdiction over the original district shall assume
responsibility for all of the following:
   (1) Completing all records and reports of the original district.
   (2) Paying all outstanding obligations, except obligations
resulting from contracts which are to be assumed by a succeeding
district.
   (3) Preparing for proper filing all records of the district
required to be kept permanently by the provisions of any applicable
code.
   (4) Distributing records as provided in Section 35562.
   (5) Employing an auditor as required in Section 41020.
   (6) Discharging such other functions as he or she shall deem
necessary to the dissolution of the district.
   (b) In discharging these duties, the county superintendent may
request the services of employees of the original or succeeding
district, and the succeeding districts shall release such employees
to the county superintendent for the purpose of accomplishing the
requirements of this section. The salaries of such employees and all
other necessary expenses of completing the requirements of this
section shall be charged against the accumulated funds of the
dissolved district prior to the final distribution of such funds to
the succeeding districts.



35564.  If the reorganization of a school district under this
chapter results in the relocation of district boundaries so that a
portion of the pupils will not be residents of the district
thereafter maintaining a school previously attended by the pupils,
and if there is in the school an organized student body, the
property, funds, and obligations of the student body shall be divided
as determined by the county committee, except that the share shall
not exceed an amount equal to the ratio which the number of pupils
leaving the school bears to the total number of pupils enrolled. The
ownership of the property, funds, and obligations, which is the
proportionate share of each segment of the student body, shall be
transferred to the student body of the school or schools in which the
pupils are enrolled after the reorganization. Funds from devises,
bequests, or gifts made to the organized student body of a school
shall remain the property of the organized student body of that
school and shall not be divided.



35565.  If a dispute arises between the governing boards of the
districts concerning the division of funds, property, or obligations,
a board of arbitrators shall be appointed which shall resolve the
dispute. The board shall consist of one person selected by each
district from which territory is withdrawn pursuant to a
reorganization action under this chapter, one person selected by each
district of which territory has become a part pursuant to that
reorganization action, and either one or two persons, such that the
board of arbitrators contains an odd number of persons, appointed by
the county superintendent of schools of the county in which the
districts are located. The districts involved may mutually agree that
a person appointed as arbitrator by the county superintendent of
schools may act as sole arbitrator of the matters to be submitted to
arbitration. The necessary expenses and compensation of the
arbitrators shall be divided equally between the districts, and the
payment of the portion of the expenses is a legal charge against the
funds of the school districts. The arbitrator or arbitrators shall
make a written finding on the matter submitted to arbitration. The
written finding and determination of a majority of the board of
arbitrators is final and binding upon the school districts submitting
the question to the board of arbitration.



35566.  Notwithstanding any provisions of this article, exchanges of
property tax revenues between school districts as a result of
reorganization shall be determined pursuant to subdivision (i) of
Section 99 of the Revenue and Taxation Code if one or more affected
school districts receiving only basic aid apportionments required by
Section 6 of Article IX of the California Constitution.



35567.  (a) This section shall be implemented only if the State
Allocation Board determines that the Twin Rivers Unified School
District has insufficient eligibility for a grant of funds pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1 with which to complete the East Natomas
Education Complex project as contracted by the Grant Joint Union High
School District.
   (b) Notwithstanding paragraph (1) of subdivision (b) of Section
17071.75 and related regulations regarding occupancy for purposes of
determining eligibility for new construction funding, the Twin Rivers
Unified School District may occupy a portion of the East Natomas
Education Complex project without jeopardizing its future eligibility
for funding, pursuant to Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1, for purposes of
constructing and completing the East Natomas Education Complex
project. The occupancy exception set forth in this subdivision shall
be limited to the number of classrooms necessary to house up to 1,000
pupils pursuant to Section 17071.25 within the footprint of the
middle school as contracted by the Grant Joint Union High School
District. The number of classrooms to be occupied and grade levels of
pupils to be housed in the East Natomas Education Complex project
pursuant to the occupancy exception authorized pursuant to this
subdivision shall be specifically delineated and submitted to the
State Allocation Board before the Twin Rivers Unified School District
occupies any part of the East Natomas Education Complex.
   (c) (1) Notwithstanding subdivision (b), eligibility for new
construction funding for the East Natomas Education Complex project
shall be subject to all other requirements of Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of Title
1 and implementing regulations.
   (2) Once the State Allocation Board determines that the Twin
Rivers Unified School District has sufficient eligibility, and grants
funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of
Part 10 of Division 1 of Title 1 with which to house up to 1,000
unhoused pupils within the middle school of the East Natomas
Education Complex project as contracted by the Grant Joint Union High
School District, the Twin Rivers Unified School District shall no
longer be entitled to use the occupancy exception set forth in
subdivision (b).
   (d) If the Twin Rivers Unified School District calculates or
recalculates, pursuant to subdivision (c) of Section 17071.10, its
existing school building capacity on a districtwide basis, the
district shall use its eligibility to complete construction of the
East Natomas Education Complex project before submitting an
application for other new construction projects in the school
district. If the Twin Rivers Unified School District calculates or
recalculates, pursuant to subdivision (c) of Section 17071.10, its
existing school building capacity on the basis of high school
attendance area, the district shall use its eligibility to complete
construction of the East Natomas Education Complex project before
submitting an application for other new construction projects in that
attendance area.
   (e) This section does not exempt the district's baseline
eligibility from adjustment to reflect the additional classrooms
generated by the project once the project is completed.
   (f) The governing board of the Twin Rivers Unified School District
may initiate nullification of the occupancy exception granted by
this section by submitting a board resolution, adopted at a regularly
scheduled meeting of the governing board and requesting that
nullification, to the State Allocation Board. Upon receipt of this
written notification by the State Allocation Board, the occupancy
exception granted by this section shall be nullified.(g) This section
shall become inoperative on July 1, 2015, and, as of January 1,
2016, is repealed, unless a later enacted statute, that becomes
operative on or before January 1, 2016, deletes or extends the dates
on which it becomes inoperative and is repealed.