State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 35700-35712

EDUCATION CODE
SECTION 35700-35712



35700.  An action to reorganize one or more districts is initiated
upon the filing, with the county superintendent of schools, of a
petition to reorganize one or more school districts signed by any of
the following:
   (a) At least 25 percent of the registered voters residing in the
territory proposed to be reorganized if the territory is inhabited.
Where the petition is to reorganize territory in two or more school
districts, the petition shall be signed by at least 25 percent of the
registered voters in that territory in each of those districts.
   (b) A number of registered voters residing in the territory
proposed to be reorganized, equal to at least 8 percent of the votes
cast for all candidates for Governor at the last gubernatorial
election in the territory proposed to be reorganized, where the
affected territory consists of a single school district with over
200,000 pupils in average daily attendance and the petition is to
reorganize the district into two or more districts.
   (c) The owner of the property, provided that territory is
uninhabited and the owner thereof has filed either a tentative
subdivision map with the appropriate county or city agency or an
application for any project, as defined in Section 21065 of the
Public Resources Code, with one or more local agencies.
   (d) A majority of the members of the governing boards of each of
the districts that would be affected by the proposed reorganization.




35700.1.  (a) A county superintendent of schools may do any of the
following, as necessary, with respect to the reorganization of school
districts within the jurisdiction of a county superintendent of
schools:
   (1) Prior to the initiation of an action to reorganize, a county
superintendent of schools may do any of the following:
   (A) Provide information, coordination, and guidance to potential
petitioners for reorganization and to other parties inquiring about
the petition process.
   (B) Provide procedural advice and counseling.
   (C) Provide information and assistance for community meetings,
information sessions, and briefing sessions.
   (D) Provide for coordination of media and community relations.
   (2) A county superintendent of schools may perform the following
duties for the processing and evaluation of multiple petitions to
reorganize one or more school districts:
   (A) Ensure compliance with all requirements pertaining to the
petitions.
   (B) Ensure compliance with all required timelines or deadlines for
petitions.
   (C) Apply new and preexisting evaluation criteria to the petition.
   (3) A county superintendent of schools may provide assistance to
newly reorganized school districts during the interim period, as
follows:
   (A) To ensure smooth transitions with minimum disruption to pupils
and staff.
   (B) To provide advisory and consulting expertise on any of the
following:
   (i) Board and administrative policies and regulations.
   (ii) Personnel policies.
   (iii) Curriculum.
   (iv) Instructional programs and services.
   (v) Financial and budgeting functions.
   (vi) Distribution of assets and liabilities.
   (b) No funds allocated to the Los Angeles County Office of
Education pursuant to the Budget Act shall be used to instigate,
solicit, or promote the development of plans to reorganize a school
district or school districts within the jurisdiction of the county
office of education; provided, however, that the funds may be used to
support the research necessary to review and make recommendations
regarding reorganization plans that are submitted to the county
office of education.


35700.3.  A petition filed under Section 35700 shall be required to
reasonably identify the territory to be reorganized, which
identification may include references to streets or prominent
geographic features. The inclusion of legal descriptions or plat
maps, or both, however, shall not be a prerequisite for the filing of
a valid petition.



35700.5.  Before initiating proceedings to consider any
reorganization plan, the county committee on school district
organization shall provide written notice of the proposed action to
the local agency formation commission for the affected area.




35701.  In any petition to reorganize school districts there shall
be designated no more than three of the petitioners as chief
petitioners for the purpose of receiving notice of any public
hearings to be held on the petition.



35702.  The persons securing the signatures to a petition of
electors to reorganize school districts shall attach thereto an
affidavit that all persons who signed the petition did so in the
presence of the affiant and that each signature is a genuine
signature of the person whose name it purports to be.



35703.  Any petition filed under this article may include any of the
appropriate provisions specified in Article 3 (commencing with
Section 35730).


35704.  The county superintendent of schools, within 30 days after
any petition for reorganization is filed, shall examine the petition
and, if he or she finds it to be sufficient and signed as required by
law, transmit the petition simultaneously to the county committee
and to the State Board of Education.


35705.  Within 60 days after receipt of the petition, the county
committee shall hold one or more public hearings thereon at a regular
or special meeting in each of the districts affected by the
petition. Notice of the public hearing shall be given at least 10
days in advance thereof to not more than three persons designated in
the petition as the chief petitioners, to the governing board of all
districts affected by the proposed reorganization, and to all other
persons requesting notice of the hearing.



35705.5.  (a) The county committee may add to the petition any of
the appropriate provisions specified in Article 3 (commencing with
Section 35730) which were not included in the petition as filed and
may amend any such provision which was so included.
   (b) At least 10 days before the public hearing, or hearings, on
the petition, the county committee shall make available to the public
and to the governing boards affected by the petition a description
of the petition, including all of the following:
   (1) The rights of the employees in the affected districts to
continued employment.
   (2) The revenue limit per unit of average daily attendance for
each affected district and the effect of the petition, if approved,
on such revenue limit.
   (3) Whether the districts involved will be governed, in part, by
provisions of a city charter and, if so, in what way.
   (4) Whether the governing boards of any proposed new district will
have five or seven members.
   (5) A description of the territory or districts in which the
election, if any, will be held.
   (6) Where the proposal is to create two or more districts, whether
the proposal will be voted on as a single proposition.
   (7) Whether the governing board of any new district will have
trustee areas and, if so, whether the trustees will be elected by
only the voters of that trustee area or by the voters of the entire
district.
   (8) A description of how the property, obligations, and bonded
indebtedness of existing districts will be divided.
   (9) A description of when the first governing board of any new
district will be elected and how the terms of office for each new
trustee will be determined.


35706.  (a) Within 120 days of the commencement of the first public
hearing on the petition, the county committee shall recommend
approval or disapproval of a petition for unification of school
districts or for the division of the territory of an existing school
district into two or more separate school districts, as the petition
may be augmented, or shall approve or disapprove a petition for the
transfer of territory, as the petition may be augmented.
   (b) The 120-day period for approving or disapproving a petition
pursuant to Section 35709 or 35710 shall commence after certification
of an environmental impact report, approval of a negative
declaration, or a determination that the project is exempt from the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).



35706.5.  (a) No action to reorganize the boundaries of a school
district shall be initiated or completed without the consent of a
majority of all of the members of the governing board of the school
district if both of the following conditions apply to the school
district:
   (1) It has obtained an emergency apportionment loan from the State
of California, but the Superintendent of Public Instruction has
determined that a state administrator is no longer necessary, and has
restored, prior to the effective date of this section, the legal
rights, duties, and powers of the governing board of the district
pursuant to Section 41326.
   (2) It has a student population 70 percent of which is from either
a "lower income household" or "very low income household" as those
terms are defined in Sections 50079.5 and 50105, respectively, of the
Health and Safety Code.
   (b) For purposes of this section, for any school district that
meets the description specified in paragraph (1), consent to an
action to reorganize the boundaries of the school district shall no
longer be required when 10 years have elapsed from the date of final
payment by the school district of the emergency loan to the State of
California.



35707.  (a) Except for petitions for the transfer of territory, the
county committee shall expeditiously transmit the petition to the
State Board of Education together with its recommendations thereon.
It shall also report whether any of the following, in the opinion of
the committee, would be true regarding the proposed reorganization as
described in the petition:
   (1) It would adversely affect the school district organization of
the county.
   (2) It would comply with the provisions of Section 35753.
   (b) Petitions for transfers of territory shall be transmitted
pursuant to Section 35704.



35708.  Except for a petition to form one or more school districts
approved pursuant to subdivision (b) of Section 35710, a petition
transmitted pursuant to Section 35707, including the plans and
recommendations included therein, if any, together with the
recommended approval or disapproval and the plans and
recommendations, if any, of the county committee shall be heard by
the state board as provided in Article 4 (commencing with Section
35750).


35709.  If the following conditions are met, the county committee
may approve the petition and order that the petition be granted, and
shall so notify the county board of supervisors:
   (a) The county committee finds that the conditions enumerated in
paragraphs (1) to (10), inclusive, of subdivision (a) of Section
35753 are substantially met, and:
   (b) Either:
   (1) The petition is to transfer uninhabited territory from one
district to another and the owner of the territory, or a majority of
the owners of the territory, and the governing boards of all school
districts involved in the transfer consent to the transfer; or
   (2) The petition is to transfer inhabited territory of less than
10 percent of the assessed valuation of the district from which the
territory is being transferred, and all of the governing boards have
consented to the transfer.


35710.  (a) For all other petitions to transfer territory, if the
county committee finds that the conditions enumerated in paragraphs
(1) to (10), inclusive, of subdivision (a) of Section 35753
substantially are met, the county committee may approve the petition
and, if approved, shall notify the county superintendent of schools
who shall call an election in the territory of the districts as
determined by the county committee, to be conducted at the next
election of any kind in accordance with either of the following:
   (1) Section 1002 of the Elections Code and Part 4 (commencing with
Section 5000) of Division 1 of Title 1.
   (2) Division 4 (commencing with Section 4000) of the Elections
Code.
   (b) A county committee also may approve a petition to form one or
more school districts if the requirements of subdivision (a), and the
following conditions, are met:
   (1) Each county superintendent of schools with jurisdiction over
an affected school district elects to grant approval authority to the
county committee on school district organization for which he or she
is secretary pursuant to Section 4012, and that county committee
chooses to accept that authority.
   (2) The governing board of each of the affected school districts
consents to the petition.
   (3) The secretary of the county committee designated as the lead
agency pursuant to Section 35710.3 or subdivision (a) of Section
35520.5 enters into an agreement on behalf of the county committee
for any or all affected school districts to share among those
districts the costs of complying with the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
   (c) A petition to form one or more school districts that meets the
conditions described in subdivision (b), but is not approved by the
county committee, shall be transmitted to the state board pursuant to
subdivision (a) of Section 35707 and heard by the state board
pursuant to Section 35708. The state board, rather than the county
committee, shall be the lead agency, as defined in Section 21067 of
the Public Resources Code, for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) for each petition transmitted
pursuant to this subdivision, including a petition disapproved by the
county committee after determining the project is exempt from the
California Environmental Quality Act pursuant to paragraph (5) of
subdivision (b) of Section 21080 of the Public Resources Code.




35710.1.  Notwithstanding any other provision of law, an election
may not be called to vote on a petition to transfer territory if the
election area for that petition, as determined pursuant to Section
35732, is uninhabited territory as described in Section 35517. The
county committee, if it approves that petition, shall order that the
petition be granted and shall notify the county board of supervisors.




35710.3.  A county committee shall be the lead agency, as defined in
Section 21067 of the Public Resources Code, for purposes of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) for each petition it
considers pursuant to Sections 35709 and 35710, unless the state
board is the lead agency pursuant to subdivision (c) of Section
35710.



35710.5.  (a) An action by the county committee approving or
disapproving a petition pursuant to Section 35709, 35710, or 35710.1
may be appealed to the State Board of Education by the chief
petitioners or one or more affected school districts. The appeal
shall be limited to issues of noncompliance with the provisions of
Section 35705, 35706, 35709, or 35710. If an appeal is made as to the
issue of whether the proposed transfer will adversely affect the
racial or ethnic integration of the schools of the districts
affected, it shall be made pursuant to Section 35711.
   (b) Within five days after the final action of the county
committee, the appellant shall file with the county committee a
notice of appeal and shall provide a copy to the county
superintendent of schools, except that if the appellant is one of the
affected school districts it shall have 30 days to file the notice
of appeal with the county committee and provide a copy to the county
superintendent. Upon the filing of the notice of appeal, the action
of the county committee shall be stayed, pending the outcome of the
appeal. Within 15 days after the filing of the notice of appeal, the
appellant shall file with the county committee a statement of reasons
and factual evidence. The county committee shall then, within 15
days of receipt of the statement, send to the State Board of
Education the statement and the complete administrative record of the
county committee proceedings, including minutes of the oral
proceedings.
   (c) Upon receipt of the appeal, the State Board of Education may
elect either to review the appeal, or to ratify the county committee'
s decision by summarily denying review of the appeal. The board may
review the appeal either solely on the administrative record or in
conjunction with a public hearing. Following the review, the board
shall affirm or reverse the action of the county committee, and if
the petition will be sent to election, shall determine the territory
in which the election is to be held. The board may reverse or modify
the action of the county committee in any manner consistent with law.
   (d) The decision of the board shall be sent to the county
committee which shall notify the county board of supervisors or the
county superintendent of schools pursuant to Section 35709, 35710, or
35710.1, as appropriate.



35710.51.  The county superintendent of schools, within 35 days
after receiving the notification provided by Section 35710, shall
call an election, in the manner prescribed in Part 4 (commencing with
Section 5000), to be conducted at the next available regular
election, in the territory of districts as determined by the county
committee on school district organization, or, in the case of
territory transfers appealed to the State Board of Education pursuant
to Section 35710.5 (c), as determined by the State Board of
Education. The county superintendent shall not issue an order of
election until after the time for an appeal pursuant to subdivision
(b) of Section 35710.5 has elapsed.



35711.   (a) A person questioning the finding of the county
committee pursuant to Section 35709 or 35710 that the action to
transfer territory or form one or more school districts will not
adversely affect the racial or ethnic integration of the schools of
the districts affected, may appeal a decision based on that finding.
The appeal shall be made to the state board within 30 days. The
appeal shall be based upon factual and statistical evidence.
   (b) If the state board denies the appeal, the decision of the
county committee shall stand. If the state board approves the appeal,
it shall review the findings of the county committee at a regular
meeting of the state board.
   (c) The state board shall notify the county committee of its
decision on the appeal. If the state board approves the appeal, the
county committee shall transmit a copy of the proceedings to the
state board within 30 days after receipt of notice. The state board
shall review the transcript, considering all factors involved. The
state board may reverse, or may affirm, the decision of the county
committee, or if it appears that inadequate consideration was given
to the effect of the transfer on integration of the schools of the
districts affected, it shall direct the county committee to
reconsider its decision and for this purpose to hold another hearing.



35712.  The State Board of Education may adopt rules and regulations
for the implementation of this article, as it deems necessary.