| 1 | | - | Amended IN Assembly April 08, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3140Introduced by Assembly Member HooverFebruary 16, 2024An act to amend Sections 35710 and Section 35753 of the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGESTAB 3140, as amended, Hoover. School districts: reorganization.Existing law authorizes the State Board of Education to 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 specified conditions, including, among others, that the reorganized school districts will be adequate in terms of number of pupils enrolled and that the school districts are each organized on the basis of a substantial community identity, are substantially met, except as otherwise provided for exceptional situations.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.This bill wouldauthorize require the state board to approve a petition for the reorganization of school districts that has substantially met a majority of that specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization, as specified. The bill would authorize a county committee on school district reorganization to also approve a petition to form one or more new school districts that has substantially met a majority of that above-described specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization and, among other things, the governing board of each of the affected school districts consents to the petition, as specified. make its decision regarding a proposal for a reorganization pursuant to these provisions within 24 months of receiving the application.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: YESNO Bill TextThe 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 districts, 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 districts 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) The state board shall make its decision regarding a proposal for the reorganization pursuant to subdivision (a) within 24 months of receiving the application.(b)The(c) Notwithstanding subdivision (a), 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.SECTION 1.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. 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.SEC. 2.Section 35753 of the Education Code is amended to read:35753.(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 districts 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.SEC. 3.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. |
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| 1 | + | Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3140Introduced by Assembly Member HooverFebruary 16, 2024An act to amend Section Sections 35710 and 35753 of the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGESTAB 3140, as amended, Hoover. School districts: reorganization.Existing law authorizes the State Board of Education to 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 specified conditions conditions, including, among others, that the reorganized school districts will be adequate in terms of number of pupils enrolled and that the school districts are each organized on the basis of a substantial community identity, are substantially met, except as otherwise provided for exceptional situations.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.This bill would make nonsubstantive changes to that provision. authorize the state board to approve a petition for the reorganization of school districts that has substantially met a majority of that specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization, as specified. The bill would authorize a county committee on school district reorganization to also approve a petition to form one or more new school districts that has substantially met a majority of that above-described specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization and, among other things, the governing board of each of the affected school districts consents to the petition, as specified.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: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. 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. 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 if in either of the following scenarios:(1) If the requirements of subdivision (a), and the following conditions, are met:(1)(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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.(2)(B) The governing board of each of the affected school districts consents to the petition.(3)(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.SECTION 1.SEC. 2. Section 35753 of the Education Code is amended to read:35753. (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 districts 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) The (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.SEC. 3. 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. |
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| 3 | | - | Amended IN Assembly April 08, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3140Introduced by Assembly Member HooverFebruary 16, 2024An act to amend Sections 35710 and Section 35753 of the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGESTAB 3140, as amended, Hoover. School districts: reorganization.Existing law authorizes the State Board of Education to 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 specified conditions, including, among others, that the reorganized school districts will be adequate in terms of number of pupils enrolled and that the school districts are each organized on the basis of a substantial community identity, are substantially met, except as otherwise provided for exceptional situations.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.This bill wouldauthorize require the state board to approve a petition for the reorganization of school districts that has substantially met a majority of that specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization, as specified. The bill would authorize a county committee on school district reorganization to also approve a petition to form one or more new school districts that has substantially met a majority of that above-described specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization and, among other things, the governing board of each of the affected school districts consents to the petition, as specified. make its decision regarding a proposal for a reorganization pursuant to these provisions within 24 months of receiving the application.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: YESNO |
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| 3 | + | Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3140Introduced by Assembly Member HooverFebruary 16, 2024An act to amend Section Sections 35710 and 35753 of the Education Code, relating to school districts. LEGISLATIVE COUNSEL'S DIGESTAB 3140, as amended, Hoover. School districts: reorganization.Existing law authorizes the State Board of Education to 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 specified conditions conditions, including, among others, that the reorganized school districts will be adequate in terms of number of pupils enrolled and that the school districts are each organized on the basis of a substantial community identity, are substantially met, except as otherwise provided for exceptional situations.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.This bill would make nonsubstantive changes to that provision. authorize the state board to approve a petition for the reorganization of school districts that has substantially met a majority of that specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization, as specified. The bill would authorize a county committee on school district reorganization to also approve a petition to form one or more new school districts that has substantially met a majority of that above-described specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization and, among other things, the governing board of each of the affected school districts consents to the petition, as specified.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: NOYES Local Program: NOYES |
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| 29 | | - | Existing law authorizes the State Board of Education to 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 specified conditions, including, among others, that the reorganized school districts will be adequate in terms of number of pupils enrolled and that the school districts are each organized on the basis of a substantial community identity, are substantially met, except as otherwise provided for exceptional situations.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.This bill wouldauthorize require the state board to approve a petition for the reorganization of school districts that has substantially met a majority of that specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization, as specified. The bill would authorize a county committee on school district reorganization to also approve a petition to form one or more new school districts that has substantially met a majority of that above-described specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization and, among other things, the governing board of each of the affected school districts consents to the petition, as specified. make its decision regarding a proposal for a reorganization pursuant to these provisions within 24 months of receiving the application.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. |
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| 28 | + | Existing law authorizes the State Board of Education to 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 specified conditions conditions, including, among others, that the reorganized school districts will be adequate in terms of number of pupils enrolled and that the school districts are each organized on the basis of a substantial community identity, are substantially met, except as otherwise provided for exceptional situations.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.This bill would make nonsubstantive changes to that provision. authorize the state board to approve a petition for the reorganization of school districts that has substantially met a majority of that specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization, as specified. The bill would authorize a county committee on school district reorganization to also approve a petition to form one or more new school districts that has substantially met a majority of that above-described specified criteria if the reorganization is based on a municipal boundary between 2 local governments and the governing bodies of the 2 local governments pass resolutions in support of the reorganization and, among other things, the governing board of each of the affected school districts consents to the petition, as specified.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. |
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| 55 | | - | 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 districts, 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 districts 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) The state board shall make its decision regarding a proposal for the reorganization pursuant to subdivision (a) within 24 months of receiving the application.(b)The(c) Notwithstanding subdivision (a), 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.SECTION 1.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. 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.SEC. 2.Section 35753 of the Education Code is amended to read:35753.(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 districts 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.SEC. 3.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. |
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| 46 | + | The people of the State of California do enact as follows:SECTION 1. 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. 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 if in either of the following scenarios:(1) If the requirements of subdivision (a), and the following conditions, are met:(1)(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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.(2)(B) The governing board of each of the affected school districts consents to the petition.(3)(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.SECTION 1.SEC. 2. Section 35753 of the Education Code is amended to read:35753. (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 districts 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) The (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.SEC. 3. 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. |
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| 61 | | - | 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 districts, 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 districts 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) The state board shall make its decision regarding a proposal for the reorganization pursuant to subdivision (a) within 24 months of receiving the application.(b)The(c) Notwithstanding subdivision (a), 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. |
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| 52 | + | SECTION 1. 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. 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 if in either of the following scenarios:(1) If the requirements of subdivision (a), and the following conditions, are met:(1)(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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.(2)(B) The governing board of each of the affected school districts consents to the petition.(3)(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. |
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| 67 | | - | 35753. (a) The state board may approve proposals for the reorganization of school districts, 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 districts 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) The state board shall make its decision regarding a proposal for the reorganization pursuant to subdivision (a) within 24 months of receiving the application.(b)The(c) Notwithstanding subdivision (a), 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. |
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| 58 | + | 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. 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 if in either of the following scenarios:(1) If the requirements of subdivision (a), and the following conditions, are met:(1)(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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.(2)(B) The governing board of each of the affected school districts consents to the petition.(3)(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. |
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| 69 | | - | 35753. (a) The state board may approve proposals for the reorganization of school districts, 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 districts 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) The state board shall make its decision regarding a proposal for the reorganization pursuant to subdivision (a) within 24 months of receiving the application.(b)The(c) Notwithstanding subdivision (a), 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. |
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| 60 | + | 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. 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 if in either of the following scenarios:(1) If the requirements of subdivision (a), and the following conditions, are met:(1)(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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.(2)(B) The governing board of each of the affected school districts consents to the petition.(3)(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. |
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| 71 | | - | 35753. (a) The state board may approve proposals for the reorganization of school districts, 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 districts 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) The state board shall make its decision regarding a proposal for the reorganization pursuant to subdivision (a) within 24 months of receiving the application.(b)The(c) Notwithstanding subdivision (a), 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. |
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| 62 | + | 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. 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 if in either of the following scenarios:(1) If the requirements of subdivision (a), and the following conditions, are met:(1)(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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.(2)(B) The governing board of each of the affected school districts consents to the petition.(3)(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. |
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| 75 | | - | 35753. (a) The state board may approve proposals for the reorganization of school districts, 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: |
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| 66 | + | 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. 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: |
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| 67 | + | |
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| 68 | + | (1) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code. |
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| 69 | + | |
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| 70 | + | (2) Division 4 (commencing with Section 4000) of the Elections Code. |
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| 71 | + | |
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| 72 | + | (b) A county committee also may approve a petition to form one or more new school districts if in either of the following scenarios: |
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| 73 | + | |
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| 74 | + | (1) If the requirements of subdivision (a), and the following conditions, are met: |
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| 75 | + | |
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| 76 | + | (1) |
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| 77 | + | |
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| 78 | + | |
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| 79 | + | |
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| 80 | + | (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 he or she the county superintendent is secretary pursuant to Section 4012, and that county committee chooses to accept that authority. |
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| 81 | + | |
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| 82 | + | (2) |
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| 83 | + | |
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| 84 | + | |
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| 85 | + | |
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| 86 | + | (B) The governing board of each of the affected school districts consents to the petition. |
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| 87 | + | |
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| 88 | + | (3) |
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| 89 | + | |
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| 90 | + | |
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| 91 | + | |
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| 92 | + | (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). |
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| 93 | + | |
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| 94 | + | (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: |
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| 95 | + | |
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| 96 | + | (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. |
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| 97 | + | |
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| 98 | + | (B) The governing board of each of the affected school districts consents to the petition. |
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| 99 | + | |
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| 100 | + | (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). |
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| 101 | + | |
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| 102 | + | (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. |
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| 103 | + | |
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| 104 | + | SECTION 1.SEC. 2. Section 35753 of the Education Code is amended to read:35753. (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 districts 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) The (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. |
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| 105 | + | |
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| 106 | + | SECTION 1.SEC. 2. Section 35753 of the Education Code is amended to read: |
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| 107 | + | |
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| 108 | + | ### SECTION 1.SEC. 2. |
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| 109 | + | |
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| 110 | + | 35753. (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 districts 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) The (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. |
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| 111 | + | |
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| 112 | + | 35753. (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 districts 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) The (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. |
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| 113 | + | |
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| 114 | + | 35753. (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 districts 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) The (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. |
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| 115 | + | |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | 35753. (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: |
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| 76 | 119 | | |
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| 77 | 120 | | (1) The reorganized school districts will be adequate in terms of number of pupils enrolled. |
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| 78 | 121 | | |
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| 79 | 122 | | (2) The school districts are each organized on the basis of a substantial community identity. |
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| 80 | 123 | | |
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| 81 | 124 | | (3) The proposal will result in an equitable division of property and facilities of the original school district or school districts. |
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| 82 | 125 | | |
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| 83 | 126 | | (4) The reorganization of the school districts will preserve each affected districts ability to educate pupils in an integrated environment and will not promote racial or ethnic discrimination or segregation. |
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| 84 | 127 | | |
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| 85 | 128 | | (5) Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. |
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| 86 | 129 | | |
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| 87 | 130 | | (6) The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational programs in the affected school districts. |
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| 88 | 131 | | |
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| 89 | 132 | | (7) Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. |
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| 90 | 133 | | |
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| 91 | 134 | | (8) The proposed reorganization is primarily designed for purposes other than to significantly increase property values. |
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| 92 | 135 | | |
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| 93 | 136 | | (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. |
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| 94 | 137 | | |
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| 95 | 138 | | (10) Any other criteria that the state board may, by regulation, prescribe. |
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| 96 | 139 | | |
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| 99 | | - | (b)The |
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| 100 | | - | |
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| 101 | | - | |
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| 102 | | - | |
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| 103 | | - | (c) Notwithstanding subdivision (a), 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. |
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| 104 | | - | |
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| 105 | | - | |
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| 106 | | - | |
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| 107 | | - | |
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| 108 | | - | |
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| 109 | | - | (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: |
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| 110 | | - | |
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| 111 | | - | |
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| 112 | | - | |
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| 113 | | - | (1)Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code. |
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| 114 | | - | |
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| 115 | | - | |
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| 116 | | - | |
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| 117 | | - | (2)Division 4 (commencing with Section 4000) of the Elections Code. |
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| 118 | | - | |
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| 119 | | - | |
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| 120 | | - | |
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| 121 | | - | (b)A county committee also may approve a petition to form one or more new school districts in either of the following scenarios: |
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| 122 | | - | |
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| 123 | | - | |
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| 124 | | - | |
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| 125 | | - | (1)If the requirements of subdivision (a), and the following conditions, are met: |
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| 126 | | - | |
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| 127 | | - | |
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| 128 | | - | |
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| 129 | | - | (A) |
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| 130 | | - | |
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| 131 | | - | |
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| 132 | | - | |
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| 133 | | - | 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. |
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| 134 | | - | |
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| 135 | | - | |
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| 136 | | - | |
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| 137 | | - | (B) |
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| 138 | | - | |
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| 139 | | - | |
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| 140 | | - | |
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| 141 | | - | The governing board of each of the affected school districts consents to the petition. |
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| 142 | | - | |
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| 143 | | - | |
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| 144 | | - | |
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| 145 | | - | (C) |
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| 146 | | - | |
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| 147 | | - | |
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| 148 | | - | |
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| 149 | | - | 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). |
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| 150 | | - | |
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| 151 | | - | |
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| 152 | | - | |
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| 153 | | - | (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: |
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| 154 | | - | |
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| 155 | | - | |
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| 156 | | - | |
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| 157 | | - | (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. |
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| 158 | | - | |
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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | (B)The governing board of each of the affected school districts consents to the petition. |
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| 162 | | - | |
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| 163 | | - | |
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| 164 | | - | |
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| 165 | | - | (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). |
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| 166 | | - | |
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| 167 | | - | |
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| 168 | | - | |
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| 169 | | - | (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. |
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| 170 | | - | |
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| 171 | | - | |
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| 172 | | - | |
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| 173 | | - | |
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| 174 | | - | |
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| 175 | | - | |
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| 176 | | - | |
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| 177 | | - | (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: |
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| 178 | | - | |
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| 179 | | - | |
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| 180 | | - | |
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| 181 | | - | (1)The reorganized school districts will be adequate in terms of number of pupils enrolled. |
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| 182 | | - | |
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| 183 | | - | |
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| 184 | | - | |
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| 185 | | - | (2)The school districts are each organized on the basis of a substantial community identity. |
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| 186 | | - | |
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| 187 | | - | |
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| 188 | | - | |
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| 189 | | - | (3)The proposal will result in an equitable division of property and facilities of the original school district or school districts. |
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| 190 | | - | |
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| 191 | | - | |
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| 192 | | - | |
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| 193 | | - | (4)The reorganization of the school districts will preserve each affected districts ability to educate pupils in an integrated environment and will not promote racial or ethnic discrimination or segregation. |
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| 194 | | - | |
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| 195 | | - | |
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| 196 | | - | |
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| 197 | | - | (5)Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. |
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| 198 | | - | |
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| 199 | | - | |
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| 200 | | - | |
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| 201 | | - | (6)The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational programs in the affected school districts. |
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| 202 | | - | |
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| 203 | | - | |
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| 204 | | - | |
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| 205 | | - | (7)Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization. |
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| 206 | | - | |
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| 207 | | - | |
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| 208 | | - | |
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| 209 | | - | (8)The proposed reorganization is primarily designed for purposes other than to significantly increase property values. |
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| 210 | | - | |
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| 211 | | - | |
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| 212 | | - | |
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| 213 | | - | (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. |
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| 214 | | - | |
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| 215 | | - | |
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| 216 | | - | |
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| 217 | | - | (10)Any other criteria that the state board may, by regulation, prescribe. |
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| 218 | | - | |
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| 219 | | - | |
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| 220 | | - | |
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| 221 | | - | (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. |
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| 222 | | - | |
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| 223 | | - | |
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| 224 | | - | |
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| 225 | | - | (2) |
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| 226 | | - | |
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| 227 | | - | |
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| 228 | | - | |
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| 229 | | - | The state board shall make its decision regarding a proposal for the reorganization pursuant to paragraph (1) within six months of receiving the application. |
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| 230 | | - | |
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| 231 | | - | |
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| 142 | + | (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. |
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