State Codes and Statutes

Statutes > California > Edc > 74262-74265.5

EDUCATION CODE
SECTION 74262-74265.5



74262.  On or after January 1, 1983, a district shall not be
reorganized to include territory which is separated from other
portions of the territory of the district.



74263.  Whenever territory is transferred or added by means of
reorganization to another district in which trustee areas have been
established, the territory being transferred shall become a part of
the trustee areas to which it is contiguous. In the event that the
territory being transferred is contiguous to more than one trustee
area, terms of agreement to the transfer may include provisions for
the division of the transferred territory among the trustee areas to
which it is contiguous.



74264.  Territory within the boundaries of a city may not be
withdrawn from a district governed by a board provided for in the
charter of the city without the consent of the governing board of the
district.


74265.  (a) (1) Notwithstanding any other provision of this part, an
action to form a new community college district from a portion of an
existing community college district shall be deemed to be approved
as provided by law, for purposes of Section 74250, without election,
when approval of that action is given by the Board of Governors of
the California Community Colleges pursuant to Section 74205, provided
that the proposed new district consists of an existing community
college center and its service area, and all of the following
conditions exist:
   (A) The existing community college center in the proposed new
district is located in a county other than the county in which the
headquarters of the existing community college district is located.
   (B) The community college center in the proposed new district is
located 50 or more miles from any other campus or center in the
existing community college district.
   (C) The existing community college district has a total full-time
equivalent enrollment in the 1997-98 fiscal year of not less than
6,500 students and not more than 7,000 students, and the existing
community college center, which would become the community college
campus in the proposed new district, has a full-time equivalent
enrollment in the 1997-98 fiscal year of not less than 1,200 students
and not more than 1,500 students.
   (2) The Board of Governors of the California Community Colleges
shall take action as provided in this subdivision at the first
regularly scheduled meeting or special meeting after the operative
date of the act that adds Section 74265.5. A new community college
district formed pursuant to this section shall be formed as soon as
practicable on or after July 1 of the calendar year in which the act
that adds Section 74265.5 becomes operative.
   (b) The action to form a new community college district, as
described in subdivision (a), shall be submitted for voter approval
at an election that shall be called by the county superintendent of
schools of the county in which the proposed new community college
district is located upon the formation of a new community college
district pursuant to subdivision (a). The election shall be called in
the manner prescribed in Part 4 (commencing with Section 5000), and
shall be conducted at the next available regular election scheduled
in the territory of the new community college district defined in the
approved proposal according to the procedures prescribed by Sections
35757 to 35764, inclusive. In the event that, pursuant to that
election, the voters fail to approve that action, the new community
college district formed pursuant to subdivision (a) shall be deemed
to be thereupon annexed as a center by the community college district
from which it was formed.
   (c) The election of the first governing board of the community
college district formed pursuant to subdivision (a) shall be called
and conducted together with the election provided for under
subdivision (b).
   (d) Notwithstanding any other provision of law, the requirements
set forth in Article 3 (commencing with Section 74150) of Chapter 2
do not apply to the action to form a new community college district
described in subdivision (a). It is the intent of the Legislature
that the formation of a district pursuant to this section not
adversely affect the state funding of community college districts in
subsequent fiscal years.
   (e) Upon the formation of a new community college district
pursuant to this section, the county superintendent of schools for
the county in which the new district is situated shall appoint an
interim governing board for the new district pursuant to application
and selection procedures established by the county superintendent.
There shall be five at-large appointees, and these appointees shall
constitute the governing board of the new community college district
until the members of the governing board elected pursuant to
subdivision (c) take office or, in the event that the voters fail to
approve the action of forming the new community college district,
until the new community college district is annexed, pursuant to
subdivision (b), by the community college district from which it was
formed.
   (f) After the effective date of the formation of the new community
college district pursuant to this section, one district may contract
with the other district for the performance of services under terms
and conditions that may be agreed upon by the two districts.
   (g) (1) Notwithstanding any other provision of law, after the
effective date of the formation of a new community college district
pursuant to this section, the new community college district shall
receive all state funding to which a district of its enrollment with
fully accredited programs of instruction would be entitled. Funds
authorized, appropriated, or apportioned for distribution to the new
community college district, regardless of source, and regardless of
whether those funds are presently being handled by the county office
of education in which the existing district is headquartered, shall
be transferred to, directed to, and channeled through, the county
office of education for the county in which the new district is
located.
   (2) Notwithstanding any other provision of law, the property tax
properly attributable to the territory of the new district shall also
be transferred to the county office of education for the county in
which the new district is located as of July 1 of the calendar year
in which the transfer becomes effective.
   (h) When procedures implemented pursuant to this section require
notice to affected county agencies, and if the territory of the new
and old districts is located in more than two counties, then these
notices are required to be provided only to the two counties
containing the largest parcels of territory comprising the old and
new community college districts.


74265.5.  (a) Except as otherwise provided in this section, the
disposition of records, funds, property, and obligations when a
community college district is formed as specified in Section 74265
shall be governed by Article 3 (commencing with Section 74280) and by
any applicable regulations adopted by the Board of Governors of the
California Community Colleges.
   (b) The existing community college district and a new community
college district established pursuant to Section 74265 shall enter
into an agreement providing for matters relating to the formation of
a new community college district. Those matters to be included in the
agreement include, but are not limited to, all of the following:
   (1) Assignment of existing academic employees and classified
employees.
   (2) Division and disposition of all interests in property,
buildings, fixtures, and leases thereon, including, but not
necessarily limited to, any agreement entered into pursuant to
Chapter 2 (commencing with Section 81300) of Part 49.
   (3) Facilities and equipment, including, but not limited to,
existing obligations for the acquisition, procurement, or maintenance
of electronic systems, materials, goods, and services.
   (4) Division and transfer of funds and obligations, other than
bonded indebtedness, affected by the formation of the proposed new
community college district.
   (5) Transfer of all records required to be maintained by a
community college district, including student records maintained in
accordance with Chapter 1.5 (commencing with Section 76200) of Part
47.
   (6) Division and transfer of all existing and potential rights,
obligations, and liabilities, whether at law or in equity.
   (c) The agreement to be entered into pursuant to this section
shall expressly provide that the proposed new community college
district shall successfully complete accreditation as required by law
on or before a date to be specified in the agreement. Nothing in
this subdivision shall require the existing community college
district to sustain accreditation for the proposed new community
college district after the date specified in the agreement for the
proposed new community college district to complete accreditation.
   (d) The agreement to be entered into pursuant to this section
shall specify that funds derived from the sale of bonds issued by the
existing community college district shall be used for the
acquisition, construction, or improvement of college property only in
the territory comprising the existing community college district
after formation of the proposed new community college district or to
discharge the bonded indebtedness of the existing community college
district, except that, if the bonded indebtedness is assumed by the
proposed new community college district, the funds may be used in any
area of the new district for the purposes for which the bonds were
originally voted.
   (e) For purposes of this section, the interim board of governors
appointed by the county superintendent of schools shall be deemed
authorized at all times to execute the agreement provided for by this
section on behalf of the proposed new community college district
until the members of the first elected governing board of the new
community college district take office in accordance with Section
74265.

State Codes and Statutes

Statutes > California > Edc > 74262-74265.5

EDUCATION CODE
SECTION 74262-74265.5



74262.  On or after January 1, 1983, a district shall not be
reorganized to include territory which is separated from other
portions of the territory of the district.



74263.  Whenever territory is transferred or added by means of
reorganization to another district in which trustee areas have been
established, the territory being transferred shall become a part of
the trustee areas to which it is contiguous. In the event that the
territory being transferred is contiguous to more than one trustee
area, terms of agreement to the transfer may include provisions for
the division of the transferred territory among the trustee areas to
which it is contiguous.



74264.  Territory within the boundaries of a city may not be
withdrawn from a district governed by a board provided for in the
charter of the city without the consent of the governing board of the
district.


74265.  (a) (1) Notwithstanding any other provision of this part, an
action to form a new community college district from a portion of an
existing community college district shall be deemed to be approved
as provided by law, for purposes of Section 74250, without election,
when approval of that action is given by the Board of Governors of
the California Community Colleges pursuant to Section 74205, provided
that the proposed new district consists of an existing community
college center and its service area, and all of the following
conditions exist:
   (A) The existing community college center in the proposed new
district is located in a county other than the county in which the
headquarters of the existing community college district is located.
   (B) The community college center in the proposed new district is
located 50 or more miles from any other campus or center in the
existing community college district.
   (C) The existing community college district has a total full-time
equivalent enrollment in the 1997-98 fiscal year of not less than
6,500 students and not more than 7,000 students, and the existing
community college center, which would become the community college
campus in the proposed new district, has a full-time equivalent
enrollment in the 1997-98 fiscal year of not less than 1,200 students
and not more than 1,500 students.
   (2) The Board of Governors of the California Community Colleges
shall take action as provided in this subdivision at the first
regularly scheduled meeting or special meeting after the operative
date of the act that adds Section 74265.5. A new community college
district formed pursuant to this section shall be formed as soon as
practicable on or after July 1 of the calendar year in which the act
that adds Section 74265.5 becomes operative.
   (b) The action to form a new community college district, as
described in subdivision (a), shall be submitted for voter approval
at an election that shall be called by the county superintendent of
schools of the county in which the proposed new community college
district is located upon the formation of a new community college
district pursuant to subdivision (a). The election shall be called in
the manner prescribed in Part 4 (commencing with Section 5000), and
shall be conducted at the next available regular election scheduled
in the territory of the new community college district defined in the
approved proposal according to the procedures prescribed by Sections
35757 to 35764, inclusive. In the event that, pursuant to that
election, the voters fail to approve that action, the new community
college district formed pursuant to subdivision (a) shall be deemed
to be thereupon annexed as a center by the community college district
from which it was formed.
   (c) The election of the first governing board of the community
college district formed pursuant to subdivision (a) shall be called
and conducted together with the election provided for under
subdivision (b).
   (d) Notwithstanding any other provision of law, the requirements
set forth in Article 3 (commencing with Section 74150) of Chapter 2
do not apply to the action to form a new community college district
described in subdivision (a). It is the intent of the Legislature
that the formation of a district pursuant to this section not
adversely affect the state funding of community college districts in
subsequent fiscal years.
   (e) Upon the formation of a new community college district
pursuant to this section, the county superintendent of schools for
the county in which the new district is situated shall appoint an
interim governing board for the new district pursuant to application
and selection procedures established by the county superintendent.
There shall be five at-large appointees, and these appointees shall
constitute the governing board of the new community college district
until the members of the governing board elected pursuant to
subdivision (c) take office or, in the event that the voters fail to
approve the action of forming the new community college district,
until the new community college district is annexed, pursuant to
subdivision (b), by the community college district from which it was
formed.
   (f) After the effective date of the formation of the new community
college district pursuant to this section, one district may contract
with the other district for the performance of services under terms
and conditions that may be agreed upon by the two districts.
   (g) (1) Notwithstanding any other provision of law, after the
effective date of the formation of a new community college district
pursuant to this section, the new community college district shall
receive all state funding to which a district of its enrollment with
fully accredited programs of instruction would be entitled. Funds
authorized, appropriated, or apportioned for distribution to the new
community college district, regardless of source, and regardless of
whether those funds are presently being handled by the county office
of education in which the existing district is headquartered, shall
be transferred to, directed to, and channeled through, the county
office of education for the county in which the new district is
located.
   (2) Notwithstanding any other provision of law, the property tax
properly attributable to the territory of the new district shall also
be transferred to the county office of education for the county in
which the new district is located as of July 1 of the calendar year
in which the transfer becomes effective.
   (h) When procedures implemented pursuant to this section require
notice to affected county agencies, and if the territory of the new
and old districts is located in more than two counties, then these
notices are required to be provided only to the two counties
containing the largest parcels of territory comprising the old and
new community college districts.


74265.5.  (a) Except as otherwise provided in this section, the
disposition of records, funds, property, and obligations when a
community college district is formed as specified in Section 74265
shall be governed by Article 3 (commencing with Section 74280) and by
any applicable regulations adopted by the Board of Governors of the
California Community Colleges.
   (b) The existing community college district and a new community
college district established pursuant to Section 74265 shall enter
into an agreement providing for matters relating to the formation of
a new community college district. Those matters to be included in the
agreement include, but are not limited to, all of the following:
   (1) Assignment of existing academic employees and classified
employees.
   (2) Division and disposition of all interests in property,
buildings, fixtures, and leases thereon, including, but not
necessarily limited to, any agreement entered into pursuant to
Chapter 2 (commencing with Section 81300) of Part 49.
   (3) Facilities and equipment, including, but not limited to,
existing obligations for the acquisition, procurement, or maintenance
of electronic systems, materials, goods, and services.
   (4) Division and transfer of funds and obligations, other than
bonded indebtedness, affected by the formation of the proposed new
community college district.
   (5) Transfer of all records required to be maintained by a
community college district, including student records maintained in
accordance with Chapter 1.5 (commencing with Section 76200) of Part
47.
   (6) Division and transfer of all existing and potential rights,
obligations, and liabilities, whether at law or in equity.
   (c) The agreement to be entered into pursuant to this section
shall expressly provide that the proposed new community college
district shall successfully complete accreditation as required by law
on or before a date to be specified in the agreement. Nothing in
this subdivision shall require the existing community college
district to sustain accreditation for the proposed new community
college district after the date specified in the agreement for the
proposed new community college district to complete accreditation.
   (d) The agreement to be entered into pursuant to this section
shall specify that funds derived from the sale of bonds issued by the
existing community college district shall be used for the
acquisition, construction, or improvement of college property only in
the territory comprising the existing community college district
after formation of the proposed new community college district or to
discharge the bonded indebtedness of the existing community college
district, except that, if the bonded indebtedness is assumed by the
proposed new community college district, the funds may be used in any
area of the new district for the purposes for which the bonds were
originally voted.
   (e) For purposes of this section, the interim board of governors
appointed by the county superintendent of schools shall be deemed
authorized at all times to execute the agreement provided for by this
section on behalf of the proposed new community college district
until the members of the first elected governing board of the new
community college district take office in accordance with Section
74265.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 74262-74265.5

EDUCATION CODE
SECTION 74262-74265.5



74262.  On or after January 1, 1983, a district shall not be
reorganized to include territory which is separated from other
portions of the territory of the district.



74263.  Whenever territory is transferred or added by means of
reorganization to another district in which trustee areas have been
established, the territory being transferred shall become a part of
the trustee areas to which it is contiguous. In the event that the
territory being transferred is contiguous to more than one trustee
area, terms of agreement to the transfer may include provisions for
the division of the transferred territory among the trustee areas to
which it is contiguous.



74264.  Territory within the boundaries of a city may not be
withdrawn from a district governed by a board provided for in the
charter of the city without the consent of the governing board of the
district.


74265.  (a) (1) Notwithstanding any other provision of this part, an
action to form a new community college district from a portion of an
existing community college district shall be deemed to be approved
as provided by law, for purposes of Section 74250, without election,
when approval of that action is given by the Board of Governors of
the California Community Colleges pursuant to Section 74205, provided
that the proposed new district consists of an existing community
college center and its service area, and all of the following
conditions exist:
   (A) The existing community college center in the proposed new
district is located in a county other than the county in which the
headquarters of the existing community college district is located.
   (B) The community college center in the proposed new district is
located 50 or more miles from any other campus or center in the
existing community college district.
   (C) The existing community college district has a total full-time
equivalent enrollment in the 1997-98 fiscal year of not less than
6,500 students and not more than 7,000 students, and the existing
community college center, which would become the community college
campus in the proposed new district, has a full-time equivalent
enrollment in the 1997-98 fiscal year of not less than 1,200 students
and not more than 1,500 students.
   (2) The Board of Governors of the California Community Colleges
shall take action as provided in this subdivision at the first
regularly scheduled meeting or special meeting after the operative
date of the act that adds Section 74265.5. A new community college
district formed pursuant to this section shall be formed as soon as
practicable on or after July 1 of the calendar year in which the act
that adds Section 74265.5 becomes operative.
   (b) The action to form a new community college district, as
described in subdivision (a), shall be submitted for voter approval
at an election that shall be called by the county superintendent of
schools of the county in which the proposed new community college
district is located upon the formation of a new community college
district pursuant to subdivision (a). The election shall be called in
the manner prescribed in Part 4 (commencing with Section 5000), and
shall be conducted at the next available regular election scheduled
in the territory of the new community college district defined in the
approved proposal according to the procedures prescribed by Sections
35757 to 35764, inclusive. In the event that, pursuant to that
election, the voters fail to approve that action, the new community
college district formed pursuant to subdivision (a) shall be deemed
to be thereupon annexed as a center by the community college district
from which it was formed.
   (c) The election of the first governing board of the community
college district formed pursuant to subdivision (a) shall be called
and conducted together with the election provided for under
subdivision (b).
   (d) Notwithstanding any other provision of law, the requirements
set forth in Article 3 (commencing with Section 74150) of Chapter 2
do not apply to the action to form a new community college district
described in subdivision (a). It is the intent of the Legislature
that the formation of a district pursuant to this section not
adversely affect the state funding of community college districts in
subsequent fiscal years.
   (e) Upon the formation of a new community college district
pursuant to this section, the county superintendent of schools for
the county in which the new district is situated shall appoint an
interim governing board for the new district pursuant to application
and selection procedures established by the county superintendent.
There shall be five at-large appointees, and these appointees shall
constitute the governing board of the new community college district
until the members of the governing board elected pursuant to
subdivision (c) take office or, in the event that the voters fail to
approve the action of forming the new community college district,
until the new community college district is annexed, pursuant to
subdivision (b), by the community college district from which it was
formed.
   (f) After the effective date of the formation of the new community
college district pursuant to this section, one district may contract
with the other district for the performance of services under terms
and conditions that may be agreed upon by the two districts.
   (g) (1) Notwithstanding any other provision of law, after the
effective date of the formation of a new community college district
pursuant to this section, the new community college district shall
receive all state funding to which a district of its enrollment with
fully accredited programs of instruction would be entitled. Funds
authorized, appropriated, or apportioned for distribution to the new
community college district, regardless of source, and regardless of
whether those funds are presently being handled by the county office
of education in which the existing district is headquartered, shall
be transferred to, directed to, and channeled through, the county
office of education for the county in which the new district is
located.
   (2) Notwithstanding any other provision of law, the property tax
properly attributable to the territory of the new district shall also
be transferred to the county office of education for the county in
which the new district is located as of July 1 of the calendar year
in which the transfer becomes effective.
   (h) When procedures implemented pursuant to this section require
notice to affected county agencies, and if the territory of the new
and old districts is located in more than two counties, then these
notices are required to be provided only to the two counties
containing the largest parcels of territory comprising the old and
new community college districts.


74265.5.  (a) Except as otherwise provided in this section, the
disposition of records, funds, property, and obligations when a
community college district is formed as specified in Section 74265
shall be governed by Article 3 (commencing with Section 74280) and by
any applicable regulations adopted by the Board of Governors of the
California Community Colleges.
   (b) The existing community college district and a new community
college district established pursuant to Section 74265 shall enter
into an agreement providing for matters relating to the formation of
a new community college district. Those matters to be included in the
agreement include, but are not limited to, all of the following:
   (1) Assignment of existing academic employees and classified
employees.
   (2) Division and disposition of all interests in property,
buildings, fixtures, and leases thereon, including, but not
necessarily limited to, any agreement entered into pursuant to
Chapter 2 (commencing with Section 81300) of Part 49.
   (3) Facilities and equipment, including, but not limited to,
existing obligations for the acquisition, procurement, or maintenance
of electronic systems, materials, goods, and services.
   (4) Division and transfer of funds and obligations, other than
bonded indebtedness, affected by the formation of the proposed new
community college district.
   (5) Transfer of all records required to be maintained by a
community college district, including student records maintained in
accordance with Chapter 1.5 (commencing with Section 76200) of Part
47.
   (6) Division and transfer of all existing and potential rights,
obligations, and liabilities, whether at law or in equity.
   (c) The agreement to be entered into pursuant to this section
shall expressly provide that the proposed new community college
district shall successfully complete accreditation as required by law
on or before a date to be specified in the agreement. Nothing in
this subdivision shall require the existing community college
district to sustain accreditation for the proposed new community
college district after the date specified in the agreement for the
proposed new community college district to complete accreditation.
   (d) The agreement to be entered into pursuant to this section
shall specify that funds derived from the sale of bonds issued by the
existing community college district shall be used for the
acquisition, construction, or improvement of college property only in
the territory comprising the existing community college district
after formation of the proposed new community college district or to
discharge the bonded indebtedness of the existing community college
district, except that, if the bonded indebtedness is assumed by the
proposed new community college district, the funds may be used in any
area of the new district for the purposes for which the bonds were
originally voted.
   (e) For purposes of this section, the interim board of governors
appointed by the county superintendent of schools shall be deemed
authorized at all times to execute the agreement provided for by this
section on behalf of the proposed new community college district
until the members of the first elected governing board of the new
community college district take office in accordance with Section
74265.