Bill Text: CA AB3140 | 2023-2024 | Regular Session | Amended
Bill Title: School districts: reorganization.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-05-16 - In committee: Held under submission. [AB3140 Detail]
Download: California-2023-AB3140-Amended.html
|
Amended
IN
Assembly
April 08, 2024 |
|
Amended
IN
Assembly
March 11, 2024 |
| Introduced by Assembly Member Hoover |
February 16, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law provides that
there is a county committee on school district organization in each county, except a county that is also a city and county, and authorizes a county committee to, among other things, approve a petition to form one or more new districts if the above-described conditions are met and, among other things, the governing board of each of the affected school districts consents to the petition.
To
the extent this bill would impose additional duties on local officials, including local elections officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35753 of the Education Code is amended to read:35753.
(a) The state board may approve proposals for the reorganization of school(b)The
(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. If the petition is approved, the county committee shall notify the county superintendent of schools, who shall call an election in the territory of the affected school districts, as determined by the county committee, to be conducted at the next election of any kind, in accordance with one of the following:
(1)Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of
Title 1 of this code.
(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 new school districts in either of the following scenarios:
(1)If
the requirements of subdivision (a), and the following conditions, are met:
(A)
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 the county superintendent is secretary pursuant to Section 4012, and that county
committee chooses to accept that authority.
(B)
The governing board of each of the affected
school districts consents to the petition.
(C)
The secretary of the county committee designated as the lead agency pursuant to Section 35710.3 enters into an agreement on behalf of the county committee for any or all affected school
districts to share among those school 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).
(2)If a majority of the criteria specified in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 35753, and the following conditions, have been met:
(A)The reorganization is based on a municipal boundary between two local governments and the governing bodies of the two local governments pass resolutions in support of the reorganization.
(B)The governing board of each of the affected school districts consents to the petition.
(C)The secretary of the county committee
designated as the lead agency pursuant to Section 35710.3 enters into an agreement on behalf of the county committee for any or all affected school districts to share among those school 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 new 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.
(a)The state board may approve proposals for the reorganization of school districts if the state board has determined, with respect to the proposal and the resulting school districts, that all of the following conditions are substantially met:
(1)The reorganized school districts will be adequate in terms of number of pupils enrolled.
(2)The school districts are each organized on the basis of a
substantial community identity.
(3)The proposal will result in an equitable division of property and facilities of the original school district or school districts.
(4)The reorganization of the school districts will preserve each affected district’s ability to educate pupils in an integrated environment and will not promote racial or ethnic discrimination or segregation.
(5)Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization.
(6)The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational
programs in the affected school districts.
(7)Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization.
(8)The proposed reorganization is primarily designed for purposes other than to significantly increase property values.
(9)The proposed reorganization will continue to promote sound fiscal management and not cause a substantial negative effect on the fiscal status of the affected school district.
(10)Any other criteria that the state board may, by regulation, prescribe.
(b)(1)Notwithstanding subdivision (a), the state board may approve a proposal for the reorganization of school districts that has substantially met a majority of the criteria specified in paragraphs (1) to (10), inclusive, of subdivision (a) if the reorganization is based on a municipal boundary between two local governments and the governing bodies of the two local governments pass resolutions in support of the reorganization.
(2)
The state board shall make its decision regarding a proposal for the reorganization pursuant to paragraph (1) within six months of receiving the application.
(c)Notwithstanding subdivisions (a) and (b), the state board may approve a proposal for the reorganization of school districts if the state board determines that it is not practical or possible to apply the criteria of this section literally, and that the circumstances with respect to the proposals provide an exceptional situation sufficient to justify approval of the proposals.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
