Bill Text: CA AB174 | 2009-2010 | Regular Session | Chaptered
Bill Title: School district reorganization.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 314, Statutes of 2009. [AB174 Detail]
Download: California-2009-AB174-Chaptered.html
BILL NUMBER: AB 174 CHAPTERED
BILL TEXT
CHAPTER 314
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE AUGUST 17, 2009
PASSED THE ASSEMBLY AUGUST 24, 2009
AMENDED IN SENATE JULY 15, 2009
AMENDED IN SENATE JULY 8, 2009
INTRODUCED BY Assembly Member Carter
JANUARY 29, 2009
An act to amend Sections 35511, 35706, 35708, 35710, and 35711 of,
to amend and renumber Section 35535 of, and to add Sections 35710.3,
35780.1, and 35787 to, the Education Code, relating to school
district reorganization.
LEGISLATIVE COUNSEL'S DIGEST
AB 174, Carter. School district reorganization.
(1) Existing law defines an action to reorganize school districts
as an action to form, dissolve, or lapse a school district, to annex
all or part of the territory of a district to another district, to
transfer all or part of a district to another district, the
unification or deunification of a school district, or to otherwise
alter the boundaries of a school district, or any combination of
those actions.
This bill would revise and clarify that definition.
(2) Existing law prescribes the procedure to reorganize school
districts, including the filing of a petition with the county
superintendent of schools by specified persons. Existing law
authorizes a county committee on school district reorganization to
approve petitions to transfer territory, other than petitions to
transfer uninhabited territory from one district to another, or to
transfer inhabited territory of less than 10% of the assessed
valuation of the district from which the territory is being
transferred, if it finds that certain specified conditions
substantially are met. Existing law requires the committee, if it
approves such a petition, to notify the county superintendent of
schools, who in turn is required to 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
specified statutory provisions regarding elections.
This bill would authorize a county committee to approve a petition
to form one or more school districts if specified conditions are
met, including the granting of approval authority by each county
superintendent of schools with jurisdiction over an affected school
district that elects to grant approval authority to the county
committee on school district reorganization for which he or she is
secretary and the governing board of each of the affected school
districts consenting to the petition.
(3) Existing law provides that any school district which has been
organized for more than 3 years shall be lapsed, as provided, if the
number of registered electors in the district is less than 6 or if
specified conditions are satisfied.
For purposes of these provisions regarding lapses, this bill
would define lapse as an action to dissolve a school district and
annex the entire territory of that district to one or more adjoining
school districts. The bill would provide that an action to lapse a
school district is subject to specified general statutory provisions
regarding the reorganization of school districts.
(4) The bill also would make related technical and conforming
changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35511 of the Education Code is amended to read:
35511. An "action to reorganize districts" means either of the
following:
(a) An action to form a new school district, which is accomplished
through any of, or any combination of, the following:
(1) Dissolving two or more existing school districts of the same
kind and forming one or more new school districts of that same kind
from the entire territory of the original districts.
(2) Forming one or more new school districts of the same kind from
all or parts of one or more existing school districts of that same
kind.
(3) Unifying school districts, including the consolidation of all
or part of one or more high school districts with all or part of one
or more component school districts into one or more new unified
school districts.
(4) Deunifying a school district, including the conversion of all
or part of a unified school district into one or more new high school
districts, each with two or more new component districts.
(b) An action to transfer territory, including the transfer of all
or part of an existing school district to another existing school
district.
SEC. 2. Section 35535 of the Education Code is amended and
renumbered to read:
35786. An order of a county committee attaching the territory of
a lapsed school district to one or more adjoining school districts
shall be effective for all purposes on the date of the order.
SEC. 3. Section 35706 of the Education Code is amended to read:
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).
SEC. 4. Section 35708 of the Education Code is amended to read:
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).
SEC. 5. Section 35710 of the Education Code is amended to read:
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.
SEC. 6. Section 35710.3 is added to the Education Code, to read:
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.
SEC. 7. Section 35711 of the Education Code is amended to read:
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.
SEC. 8. Section 35780.1 is added to the Education Code, to read:
35780.1. For purposes of this article, "lapse" means an action to
dissolve a school district and annex the entire territory of that
district to one or more adjoining school districts.
SEC. 9. Section 35787 is added to the Education Code, to read:
35787. Except as otherwise provided in this article, an action to
lapse a school district is subject to the provisions of Chapter 3
(commencing with Section 35500).
