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State Codes and Statutes

Statutes > California > Edc > 35730-35738

EDUCATION CODE
SECTION 35730-35738



35730.  The plans and recommendations, in connection with the
proposed formation of a new unified school district to include within
its boundaries a chartered city, may provide that the establishment
and existence of the governing board of the district shall be
governed by the charter of the city and not exclusively by general
law. Upon adoption of plans and recommendations containing such
provision, the establishment and existence of the governing board of
the district shall thenceforth be governed exclusively by the city
charter and the board shall be a city board of education of a
chartered city. In the absence of such a recommendation, the proposed
new unified district shall be governed by general law.



35730.1.  Any reorganization of a school district with more than
500,000 pupils in average daily attendance shall require that each
new district created meets the following conditions:
   (a) Socioeconomic diversity.
   (b) Geographical compactness.
   (c) Equity of resource distribution.
   (d) Compliance with Crawford v. Board of Education, 17 Cal. 3d
280, and the terms of the consent decree in Rodriquez v. Los Angeles
Unified School District, Consent Decree No. C-611358.
   (e) Preservation of the policies used by magnet schools, charter
schools, site-based management initiatives, and the LEARN program as
those policies already exist in practice or pursuant to law.
   (f) Compliance with the Individuals with Disabilities Education
Act (20 U.S.C. Sec. 1400 et seq.).
   (g) Compliance with the federal Voting Rights Act of 1965 (42
U.S.C. Sec. 1971), as amended.
   (h) The formation of the new school districts does not result in
the diminution of minority protections.
   (i) The maintenance of the conditions of all collective bargaining
agreements until their expirations.
   (j) Recognition of the existing retiree health, dental, and vision
care benefits.


35731.  In any proposal for unification, plans and recommendations
may include a provision for a governing board of seven members. In
the absence of such a provision, any proposed new district shall have
a governing board of five members.


35732.  Plans and recommendations may include a provision specifying
the territory in which the election to reorganize the school
districts will be held. In the absence of such a provision, the
election shall be held only in the territory proposed for
reorganization.



35733.  Whenever the recommendation is to divide the entire
territory of an existing school district into two or more separate
school districts, the recommendation may provide that the plans and
recommendations be voted upon as a single proposition.




35734.  The plans and recommendations may include a provision for
trustee areas that provide for representation in accordance with
population and geographic factors of the entire area of the district.
Any provision of that kind shall also specify the boundaries of the
proposed trustee areas and shall specify whether members of the
governing board shall be elected by the registered voters of the
entire school district or by only the registered voters of that
particular trustee area. A proposal for trustee areas shall be
considered as an inherent part of the proposal and not as a separate
proposition.
   In the absence of a provision for trustee areas, the proposed new
district shall have a governing board elected by the registered
voters of the entire district.



35735.  (a) Each proposal for the reorganization of school districts
shall include a computation of the base revenue limit per unit of
average daily attendance for the districts. That computation shall be
an integral part of the proposal and shall not be considered
separately from the proposal. The computation of the base revenue
limit for the newly organized school districts shall be based on the
current information available for each affected school district for
the second principal apportionment period for the fiscal year two
years prior to the fiscal year in which the reorganization is to
become effective. The computation of any adjustments for employee
salaries and benefits shall be based on information from the fiscal
year two years prior to the fiscal year in which the reorganization
is to become effective. For the purposes of this article "affected
school district" means a school district affected by a reorganization
because all or a portion of its average daily attendance is to be
included in the newly organized school districts.
   (b) The county superintendent of schools shall compute the base
revenue limit per unit of average daily attendance pursuant to
Section 35735.1 for a school district involved in an action to
reorganize and in an action to transfer territory.
   (c) The State Department of Education shall use information
provided pursuant to subdivision (a) by the county superintendent of
schools in each county that has a school district affected by an
action to unify or by an appeal of a transfer of territory to compute
the base revenue limit per unit of average daily attendance for a
newly organized school district pursuant to Section 35735.1.
   (d) This section shall not apply to any reorganization proposal
approved by the State Board of Education prior to January 1, 1995.
   (e) Any costs incurred by the county superintendent of schools in
preparing reports pursuant to this section or Section 35735.1 or
35735.2 may be billed to the affected school districts on a
proportionate basis.



35735.1.  (a) The base revenue limit per unit of average daily
attendance for newly organized school districts shall be equal to the
total of the amount of blended revenue limit per unit of average
daily attendance of the affected school districts computed pursuant
to paragraph (1), the amount based on salaries and benefits of
classified employees computed pursuant to paragraph (2), the amount
based on salaries and benefits of certificated employees calculated
pursuant to paragraph (3), and the amount of the inflation adjustment
calculated pursuant to paragraph (4). The following computations
shall be made to determine the base revenue limit per unit of average
daily attendance for the newly organized school districts:
   (1) Perform the following computation to arrive at the blended
revenue limit:
   (A) Based on the current information available for each affected
school district for the second principal apportionment period for the
fiscal year, two years prior to the fiscal year in which the
reorganization is to become effective, multiply the base revenue
limit per unit of average daily attendance for that school district
by the number of units of average daily attendance for that school
district that the county superintendent of schools determines will be
included in the proposed school district.
   (B) Add the amounts calculated pursuant to subparagraph (A).
   (2) For each affected school district in the newly organized
school districts, the following computation shall be made to
determine the amount to be included in the base revenue limit per
unit of average daily attendance for the newly organized school
districts that is based on the salaries and benefits of full-time
equivalent classified employees:
   (A) For each of those school districts, make the following
computation to arrive at the highest average amount expended for
salaries and benefits for classified full-time employees by the
districts:
   (i) Add the amount of all salaries and benefits for classified
employees of the district, including both part-time and full-time
employees.
   (ii) Divide the amount computed in clause (i) by the total number
of full-time equivalent classified employees in the district.
   (B) Among those school districts that will make up 25 percent or
more of the average daily attendance of the resulting newly organized
school district, compare the amounts determined for each of those
school districts pursuant to subparagraph (A) and identify the
highest average amount expended for salaries and benefits for
classified employees.
   (C) For each of the school districts with salaries and benefits
that are below the highest average amount identified in subparagraph
(B) and that are included, in whole or in part, in the newly
organized district, subtract the amount determined for the district
pursuant to subparagraph (A) from the amount identified pursuant to
subparagraph (B).
   (D) For each of those school districts, multiply the amount
determined for the district pursuant to subparagraph (C) by the
number of full-time equivalent classified employees employed by the
district, and then multiply by the percentage of the district's
average daily attendance to be included in the new district.
   (E) Add the amounts computed for each school district pursuant to
subparagraph (D).
   (3) For each affected school district in the newly organized
school districts, the following computation shall be made to
determine the amount to be included in the base revenue limit per
unit of average daily attendance for the newly organized school
districts that is based on the salaries and benefits of full-time
equivalent certificated employees:
   (A) For each of those school districts, make the following
computation to determine the highest average amount expended for
salaries and benefits for certificated full-time employees:
   (i) Add the amount of all salaries and benefits for certificated
employees, including both part-time and full-time employees.
   (ii) Divide the amount determined in clause (i) by the total
number of full-time equivalent certificated employees in the
district.
   (B) Among those school districts that will make up 25 percent or
more of the average daily attendance of the resulting newly organized
school district, compare the amounts determined for each school
district pursuant to subparagraph (A) and identify the highest
average amount expended for salaries and benefits for certificated
employees.
   (C) For each of the school districts with salaries and benefits
that are below the highest average amount identified in subparagraph
(B) and that are included, in whole or in part, in the newly
organized school district, subtract the amount determined for the
district pursuant to subparagraph (A) from the amount identified
pursuant to subparagraph (B).
   (D) For each of those school districts, multiply the amount
determined for the district pursuant to subparagraph (C) by the
number of full-time equivalent certificated employees of the school
district, and then multiply by the percentage of the district's
average daily attendance to be included in the new district.
   (E) Add the amount calculated for each school district identified
pursuant to subparagraph (D).
   (4) The base revenue limit per unit of average daily attendance
shall be adjusted for inflation as follows:
   (A) Add the amounts determined pursuant to subparagraph (B) of
paragraph (1), subparagraph (E) of paragraph (2), and subparagraph
(E) of paragraph (3), and divide that sum by the number of units of
average daily attendance in the newly organized school districts. The
amount determined pursuant to this subparagraph shall not exceed 110
percent of the blended revenue limit per unit of average daily
attendance calculated pursuant to paragraph (1).
   (B) (i) Increase the amount determined pursuant to subparagraph
(A) by the amount of the inflation adjustment calculated and used for
apportionment purposes pursuant to Section 42238.1 for the fiscal
year immediately preceding the year in which the reorganization
becomes effective.
   (ii) With respect to a school district that unifies effective July
1, 1997, and that has an average daily attendance in the 1996-97
fiscal year of more than 1,500 units, increase the amount determined
pursuant to subparagraph (A) by an amount calculated as follows:
   (I) For each component district of the newly unified district,
multiply the amount of revenue limit equalization aid per unit of
average daily attendance determined pursuant to Sections 42238.41,
42238.42, and 42238.43, or any other sections of law, for the 1996-97
fiscal year by the 1996-97 second principal apportionment units of
average daily attendance determined pursuant to Section 42238.5 for
that component district.
   (II) Add the results for all component districts, and divide this
amount by the sum of the 1996-97 second principal apportionment units
of average daily attendance determined pursuant to Section 42238.5
for all component districts.
   (C) Increase the amount determined pursuant to subparagraph (B) by
the amount of the inflation adjustment calculated and used for
apportionment purposes pursuant to Section 42238.1 for the fiscal
year in which the reorganization becomes effective for all purposes.
   (D) Increase the amount determined pursuant to subparagraph (C) by
any other adjustments to the base revenue limit per unit of average
daily attendance that the newly organized school districts would have
been eligible to receive had they been reorganized in the fiscal
year two years prior to the year in which the reorganization becomes
effective for all purposes.
   (b) The amount determined pursuant to subparagraph (D) of
paragraph (4) of subdivision (a) shall be the base revenue limit per
unit of average daily attendance for the newly organized school
districts.
   (c) The base revenue limit per unit of average daily attendance
for the newly organized school district shall not be greater than the
amount set forth in the proposal for reorganization that is approved
by the state board. The Superintendent may make adjustments to base
revenue limit apportionments to a newly organized school district, if
necessary to cause those apportionments to be consistent with this
section.
   (d) If the territorial jurisdiction of any school district was
revised pursuant to a unification, consolidation, or other
reorganization, occurring on or before July 1, 1989, that resulted in
a school district having a larger territorial jurisdiction than the
original school district prior to the reorganization, and a
reorganization of school districts occurs on or after the effective
date of the act that added this subdivision that results in a school
district having a territorial jurisdiction that is substantially the
same, as determined by the state board, as the territorial
jurisdiction of that original school district prior to the most
recent reorganization occurring on or before July 1, 1989, the
revenue limit of the school district resulting from the subsequent
reorganization shall be the same, notwithstanding subdivision (b), as
the revenue limit that was determined for the original school
district prior to the most recent reorganization occurring on or
before July 1, 1989.
   (e) The average daily attendance of a newly organized school
district, for purposes of subdivision (d) of Section 42238, shall be
the average daily attendance that is attributable to the area
reorganized for the fiscal year two years prior to the fiscal year in
which the new district becomes effective for all purposes.
   (f) For purposes of computing average daily attendance pursuant to
subdivision (d) of Section 42238 for each school district that
exists prior to the reorganization and whose average daily attendance
is directly affected by the reorganization, the following
calculation shall apply for the fiscal year two years prior to the
fiscal year in which the newly reorganized school district becomes
effective:
   (1) Divide the 1982-83 fiscal year average daily attendance,
computed pursuant to subdivision (d) of Section 42238, by the total
average daily attendance of the district pursuant to Section 42238.5.
   (2) Multiply the percentage computed pursuant to paragraph (1) by
the total average daily attendance of the district calculated
pursuant to Section 42238.5, excluding the average daily attendance
of pupils attributable to the area reorganized.
   (g) This section shall not apply to any reorganization proposal
approved by the state board prior to January 1, 1995.
   (h) Notwithstanding any other provision of law, this section shall
not be subject to waiver by the state board pursuant to Section
33050 or by the Superintendent.



35735.2.  (a) If a newly organized school district is unable to
provide the school facilities necessary to provide instructional
services by employees of the district to all of the pupils who are
residents of that district during the fiscal year in which the
reorganization becomes effective for all purposes, the base revenue
limit per unit of average daily attendance of the newly organized
district shall be the blended revenue limit arrived at pursuant to
paragraph (1) of subdivision (a) of Section 35735.1 as adjusted by
the calculations made pursuant to subparagraphs (B), (C), and (D) of
paragraph (4) of subdivision (a) of Section 35735.1 and subdivision
(b) of Section 35735.1. As the newly organized school district
obtains the school facilities necessary to provide instructional
services by employees of the district to all or a portion of those
pupils, the following adjustment shall be made to the base revenue
limit per unit of average daily attendance of the district each
fiscal year subsequent to the fiscal year in which the reorganization
becomes effective until the fiscal year in which the district
provides the facilities necessary to provide those services for all
of those pupils:
   (1) Determine the total number of pupils who are residents of the
district to whom the district was unable to provide school facilities
necessary to provide that instruction during the fiscal year in
which the reorganization becomes effective for all purposes.
   (2) Determine the total number of pupils identified in paragraph
(1) that will attend school in school facilities located in, and
receive instructional services provided by employees of, that
district in the current fiscal year.
   (3) Divide the number determined pursuant to paragraph (2) by the
number determined pursuant to paragraph (1) to determine the
percentage of pupils identified in paragraph (1) who will attend
school in school facilities located in, and receive instructional
services provided by employees of, that district in the current
fiscal year.
   (4) Multiply the numbers determined pursuant to paragraphs (2) and
(3) of subdivision (a) of Section 35735.1 by the percentage
determined pursuant to paragraph (3) for that fiscal year, and total
the amounts. Divide that sum by the number of units of average daily
attendance residing in the proposed district in the current fiscal
year.
   (5) Increase the base revenue limit calculated pursuant to
subdivision (a) of this section for the school district by the amount
arrived at pursuant to paragraph (4) as adjusted by the calculations
pursuant to subparagraphs (B), (C), and (D) of paragraph (4) of
subdivision (a) of Section 35735.1. In no event shall the amount
determined pursuant to this paragraph exceed that amount that would
otherwise be calculated pursuant to subdivision (a) of Section
35735.1.
   (b) For the purposes of making the adjustments described in
subdivision (a), the annual audit of the school district required
pursuant to Section 41020 shall include an audit of the average daily
attendance of pupils by grade level and the numbers of certificated
and classified employees on which the adjustments to the base revenue
limit of the district were made pursuant to paragraphs (1), (2), and
(3) of subdivision (a) of Section 35735.1. Until the newly organized
school district provides the school facilities necessary to provide
instructional services by employees of the district to pupils who are
residents of the district in the manner and in the timeframes set
forth in the proposal to reorganize that was approved by the State
Board of Education, the county superintendent of schools shall, for
each fiscal year, inform the Superintendent of Public Instruction of
the extent to which the district is providing those facilities to
those pupils. The county superintendent of schools may charge the
school district for the cost of preparation of the report. Based on
that information, the superintendent shall make base revenue limit
apportionments to the school district in a manner consistent with
subdivision (a).
   (c) If the newly organized school district is unable to provide
the school facilities necessary to provide instructional services by
employees of the district to all of the pupils who are residents of
the district five years from the date on which the reorganization
becomes effective for all purposes, the State Department of Education
shall recommend to the State Board of Education whether or not the
district should be lapsed pursuant to Article 5 (commencing with
Section 35780). The State Department of Education shall make that
recommendation for each fiscal year until either the school district
provides the school facilities necessary to provide instructional
services by employees of the district to all of the pupils who are
residents of the district or the district is lapsed. Upon
recommendation by the State Department of Education, the State Board
of Education may direct the county committee on school district
organization to lapse the school district according to the procedures
set forth in Article 5 (commencing with Section 35780).
   (d) This section shall not apply to any reorganization proposal
approved by the State Board of Education prior to January 1, 1995.



35735.3.  The transfer of seventh and eighth grade pupils between an
elementary school district and a high school district triggers the
recomputation, pursuant to Section 35735.1, of the base revenue limit
per unit of average daily attendance of the district receiving the
7th and 8th grade pupils, except that the computations described in
paragraphs (2) and (3) of subdivision (a) of Section 35735.1 shall
not apply to a recomputation performed pursuant to this section.



35735.4.  Notwithstanding paragraphs (2) and (3) of subdivision (a)
of Section 35735.1, as it read on June 30, 1998, a school district
that was reorganized in the 1998-99 fiscal year, had an enrollment of
fewer than 2,000 pupils in the second fiscal year prior to the
fiscal year of reorganization, was wholly located within a county of
the 20th class, as defined pursuant to Section 28041 of the
Government Code, and for which the criteria specified in paragraph
(2) or (3), or both, of subdivision (a) of Section 35735.1, as it
read on June 30, 1998, would have been met had pupils on
interdistrict transfers in the second fiscal year prior to the fiscal
year of reorganization attended their district of residence, may
include the calculations set forth in paragraphs (2) and (3) of
subdivision (a) of Section 35735.1, as it read on June 30, 1998, in
the calculation of its base revenue limit per unit of average daily
attendance.


35736.  Plans and recommendations may include a proposal for
dividing the property, other than real property, and obligations of
any school district proposed to be divided between two or more school
districts, or proposed to be partially included in one or more
school districts. As used in this section, "property" includes funds,
cash on hand, and moneys due but uncollected on the date
reorganization becomes effective for all purposes, and state
apportionments based on average daily attendance earned in the year
immediately preceding the date reorganization becomes effective for
all purposes. In providing for this division, the plans and
recommendations may consider the assessed valuation of each portion
of the district, the revenue limit per pupil in each district, the
number of children of school age residing in each portion of the
district, the value and location of the school property, and such
other matters as may be deemed pertinent and equitable. Any such
proposal shall be an integral part of the proposal and not a separate
proposition.



35737.  Plans and recommendations may include a provision specifying
that the election for the first governing board will be held at the
same time as the election on the reorganization of the school
districts. If such a provision is included, it shall specify the
method whereby the length of the initial terms may be determined so
that the governing board will ultimately have staggered terms which
expire in years with regular election dates. In the absence of such a
provision, the election of the first governing board will take place
on the first regular election following the passage of the
reorganization proposal.


35738.  Plans and recommendations may include a method of dividing
the bonded indebtedness other than the method specified in paragraphs
(1) and (2) of subdivision (b) of Section 35576 for the purpose of
providing greater equity in the division. Consideration may be given
to the assessed valuation, number of pupils, property values, and
other matters which the petitioners or county committee deems
pertinent.