BILL NUMBER: AB 2071	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Richman
   (Principal coauthor: Senator Runner)
   (Coauthor: Assembly Member Huff)

                        FEBRUARY 16, 2006

   An act to add Article 1.5 (commencing with Section 35715) to
Chapter 4 of Part 21 of the Education Code, relating to school
district reorganization.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2071, as introduced, Richman  School districts: reorganization
of large districts.
   Existing law provides that the process of school district
reorganization begins with the submission of a petition, as
specified, that is then reviewed by the county superintendent of
schools and, if sufficient, forwarded to the county committee on
school district organization and State Board of Education for
additional review and public hearings.  Existing law also authorizes
the county committee on school district organization to formulate
plans and recommendations for the reorganization of districts.
Existing law requires that the reorganization, if approved by the
county committee or the State Board of Education, be voted upon
during the next available regular election. Existing law requires
reorganization plans to meet specified requirements and requires
plans for districts with more than 500,000 pupils based on average
daily attendance to satisfy additional conditions.
   This bill instead would require the reorganization of any unified
school district enrolling at least 500,000 pupils into several school
districts enrolling no more than 50,000 pupils, by July 1, 2010.
This bill would require the establishment of a commission to aid in
the reorganization process and would limit its budget to a fixed
amount drawn from the administrative budget for the existing
district, without reducing funds used for classroom education. This
bill would require the reorganization plan to demonstrate certain
conditions have been met, such as that the new districts maintain
geographical compactness and community identity; there is an
equitable division of facilities and resources; any increase in state
costs after the reorganization would be insignificant; and that the
new districts would maintain their ability to educate pupils in an
environment free of racial or ethnic discrimination, and that the
plan complies with constitutional protections against segregation.
   This bill would limit administrative costs in the new districts to
the percentage of total funds used for those purposes in the
existing district 2 years prior to reorganization. This bill would
permit pupils from the existing district to attend school in any new
district if space is available. This bill would prohibit the existing
district from entering into any contract with terms extending beyond
July 1, 2010. This bill would require the commission report to the
Legislature annually on the progress of the reorganization.
   By requiring school districts with specified pupil enrollment to
reorganize, this 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 1.5 (commencing with Section 35715) is added to
Chapter 4 of Part 21 of the Education Code, to read:

      Article 1.5.  Reorganization of School Districts Enrolling
500,000 Pupils

   35715.  Notwithstanding any other provision of law, a unified
school district that, on January 1, 2006, has an annual enrollment of
more than 500,000 pupils shall be reorganized by July 1, 2010, into
several school districts, with each new school district having an
annual enrollment of no more than 50,000 pupils.
   35716.  (a) A unified school district that is reorganizing
pursuant to Section 35715 shall establish a school district
reorganization commission with broad representation and plenary
authority to develop a reorganization plan.
   (b) The school district reorganization commission shall be
composed of nine members as follows:
   (1) The mayor of each city having more than 10,000 pupils in the
existing district.
   (2) The Superintendent.
   (3) A professor of education from a California university selected
by the members of the commission listed in paragraphs (1) and (2).
   (4) Other individuals selected by the members of the commission
listed in paragraphs (1) to (3), inclusive, to provide balanced
community representation.
   (c) The annual budget for the commission shall not exceed a fixed
amount and shall be funded out of the administrative budget for the
existing school district, without reducing funds used for classroom
education.
   35717.  The plan of reorganization developed by the school
district reorganization commission formed pursuant to Section 35716
shall demonstrate all of the following:
   (a) The new school districts shall, to the greatest extent
possible, maintain geographic compactness and community identity.
   (b) The real and personal property, facilities, and obligations of
the existing school district shall be equitably divided.
   (c) Any increase in state costs after the reorganization shall be
insignificant and otherwise incidental to the reorganization.
   (d) The reorganization maintains, to the greatest extent possible,
the ability of the new districts to educate pupils in an environment
free of racial or ethnic discrimination, and complies with
constitutional protections against segregation.
   (e) The reorganization shall continue to promote sound education
performance and shall not significantly disrupt the educational
programs during the reorganization.
   (f) Any increase in school facilities costs after the
reorganization shall be insignificant and otherwise incidental to the
reorganization.
   (g) The reorganization shall promote sound fiscal management and
shall not significantly diminish the fiscal integrity of the new
districts.
   (h) Each city within the boundaries of the existing school
district has been notified that the reorganization is in progress and
that it has the right to establish a new school district within its
territorial jurisdiction as part of the reorganization.
   35718.  Administrative costs as a percentage of total funding for
each new school district shall not exceed the percentage of total
funding spent for that purpose in the existing school district two
years before the reorganization became effective.
   35718.5.  A pupil from a unified school district that is
reorganized pursuant to this article may attend a school in any of
the new school districts if there is space available in the school
for the pupil.
   35719.  A unified school district that is required to reorganize
pursuant to this article may not enter into any contract with terms
that extend beyond July 1, 2010.
   35719.5.  A unified school district that is required to reorganize
pursuant to this article shall report to the Legislature annually on
the reorganization process, development of a reorganization plan,
and the implementation of the reorganization plan.
  SEC. 2.  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.