Bill Text: CA AB174 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: AB 174 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 8, 2009
INTRODUCED BY Assembly Member Carter
JANUARY 29, 2009
An act to amend Sections 35706, 35707,
35511, 35706, 35708, 35710, and 35711 of, to amend and
renumber Section 35535 of, and to add Sections 35520.5
and 35710.3 , 35710.3, 35780.1, and 35787 to,
the Education Code, relating to school district reorganization.
LEGISLATIVE COUNSEL'S DIGEST
AB 174, as amended, 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.
(1)
(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, the governing board of each of the affected school
districts consents to the petition, and the secretary of the county
committee designated as the lead agency for purposes of the
California Environmental Quality Act (CEQA), as specified, 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 CEQA requirements and serving as the lead agency.
(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.
(2) Existing law requires a county superintendent of schools to
transmit petitions to transfer territory simultaneously to the county
committee and to the State Board of Education within 30 days after
the petitions are filed.
This bill would apply that requirement to petitions to form one or
more school districts pursuant to the bill.
(3) CEQA requires a lead agency, as defined, to prepare, or cause
to be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that may have a
significant effect on the environment, or to adopt a negative
declaration if it finds that the project will not have that effect.
This bill would designate the county committee as the lead agency
for purposes of CEQA for petitions to transfer territory and
petitions to form one or more school districts that the committee
considers, except as specified.
(4) Existing law requires county officers or agencies to conduct
proceedings or take actions in each of the counties involved in an
action to reorganize school districts which are located in more than
one county and are under the jurisdiction of different county
superintendents of schools.
This bill would specify the manner for selecting the lead agency,
as defined, for purposes of CEQA with regard to multicounty
reorganization actions.
(5) Existing law requires a county committee to 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
2 or more separate school districts, or to approve or disapprove a
petition for the transfer of territory, within 120 days of the
commencement of the first public hearing on the petition.
This bill would require that, for the approval or disapproval of
specified petitions, the 120-day period would commence after
certification of an environmental impact report, approval of a
negative declaration, or a determination that the project is exempt
from CEQA.
(6) Existing law requires a county committee to expeditiously
transmit petitions to reorganize school districts, not including
petitions to transfer territory, to the state board together with its
recommendations thereon. Existing law requires the state board to
conduct hearings regarding those petitions and recommendations
pursuant to specified statutory provisions.
This bill would apply those requirements to petitions to form one
or more school districts pursuant to the bill that are not approved
by the county committee and would designate the state board as the
lead agency, as defined, for purposes of CEQA for those petitions.
(7) Existing law authorizes a person to appeal, within 30 days, a
decision based on an finding of the county committee that a proposed
action to transfer territory will not adversely affect the racial or
ethnic integration of the schools of the school districts affected.
This bill would extend that appeal authority to a decision based
on an identical finding regarding a proposed action to form one or
more school districts pursuant to the bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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 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 all such
actions. 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.
SECTION 1. SEC. 2. Section 35520.5
is added to the Education Code, to read:
35520.5. (a) For a petition described in Section 35521, the
county superintendents of schools of the affected counties by mutual
agreement shall determine which county committee shall be designated
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).
(b) If an agreement is not attained pursuant to subdivision (a)
within 30 days of the filing transmittal
of the petition pursuant to Section 35700
35704 , the lead agency for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) shall be the county committee
for which the county superintendent of schools, serving as the
secretary of the committee pursuant to Section 4012, has the greatest
number of pupils under his or her jurisdiction, as compared to the
other affected counties, in the territory proposed for
reorganization.
SEC. 3. Section 35535 of the
Education Code is amended and renumbered to read:
35535. 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. 2. SEC. 4. 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. 3. Section 35707 of the Education Code is
amended to read:
35707. (a) Except for petitions for the transfer of territory or
petitions to form one or more school districts that meet the
conditions described in subdivision (b) of Section 35710, the county
committee expeditiously shall transmit the petition to the state
board together with its recommendations on the petition. It also
shall 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 adversely would affect the school district organization of
the county.
(2) It would comply with Section 35753.
(b) Petitions for transfers of territory and petitions to form one
or more school districts that meet the conditions described in
subdivision (b) of Section 35710 shall be transmitted pursuant to
Section 35704.
SEC. 5. Section 35708 of the Education
Code is amended to read:
35708. The 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 of Education state
board as provided in Article 4 (commencing with Section 35750).
SEC. 4. SEC. 6. 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. 5. SEC. 7. 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. 6. SEC. 8. 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 on
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. 9. 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. 10. 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).
