BILL NUMBER: SB 821	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller

                        FEBRUARY 18, 2011

   An act to add Article 3.5 (commencing with Section 35740) to
Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code,
relating to school district reorganization.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 821, as introduced, Fuller. School district reorganization:
fiscal actions of newly organized or reorganized school districts.
   Under existing law, the process of school district reorganization
begins with the submission of a petition that is reviewed by the
county superintendent of schools and, if sufficient, forwarded to the
county committee on school district organization and the State Board
of Education for additional review and public hearings. The county
committee on school district organization is authorized to formulate
plans and recommendations for the reorganization of school districts.
The reorganization, if approved by the county committee or the State
Board of Education, is required to be voted upon during the next
available election. The reorganization plans are also required to
meet specified requirements, and the reorganization plans for school
districts with more than 500,000 pupils based on average daily
attendance are required to satisfy additional conditions.
   This bill would, with respect to a school district involved in a
reorganization, as specified, require the interim or governing board
of the existing school district or districts, and, where applicable,
the administrators of the existing school district or districts, to
notify the county superintendent of schools in writing and provide
relevant documents and information no less than 10 schooldays, as
defined, before taking any action on any matter that could have a
material fiscal impact, debt, or liability, including, but not
necessarily limited to, the approval of a charter school in the
existing, proposed, newly formed, or newly organized school district.

   The bill would authorize the county superintendent of schools to
review any action taken or proposed to be taken by any interim or
existing governing board or school district administrators to
determine whether that action would have a material fiscal impact,
debt, or liability on the existing, proposed, newly formed, or newly
organized school district. The bill would further provide that if,
based on the county superintendent of schools review, the county
superintendent of schools determines that the action or proposed
action would have a material fiscal impact on the existing, proposed,
newly formed, or newly organized school district, and that action is
unnecessary for the immediate functioning of the existing or newly
formed school district, the county superintendent of schools would be
authorized to stay or rescind that action.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Article 3.5 (commencing with Section 35740) is added to
Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code,
to read:

      Article 3.5.  Fiscal Actions of Newly Organized or Reorganized
School Districts


   35740.  In addition to satisfying the requirements of subdivision
(j) of Section 42127.6, upon the approval of a petition for
reorganization and continuing after the certification of the election
results for a newly organized school district pursuant to Section
35763, or upon the appointment of an interim governing board pursuant
to Section 35100, until the effective date of the newly organized or
newly formed school district in accordance with Article 4
(commencing with Section 35530) of Chapter 3, a school district
involved in a reorganization as an existing, proposed, newly formed,
or newly organized school district is subject to all of the
following:
   (a) (1) The interim board or the governing board of the existing
school district or districts, and, where applicable, the
administrators of the existing school district or districts, shall
notify the county superintendent of schools in writing and provide
relevant documents and information no less than 10 schooldays before
taking any action on any matter that could have a material fiscal
impact, debt, or liability, including, but not necessarily limited
to, the approval of a charter school in the existing, proposed, newly
formed, or newly organized school district.
   (2) Notwithstanding any other provision of law, failure to provide
the notice required by paragraph (1) shall nullify the action taken
by the board or administrator of the school district or districts.
   (3) As used in this section, "schoolday" means a day upon which
the schools of the district are in session or non-holiday weekdays
during the summer recess.
   (b) The county superintendent of schools may review any action
taken or proposed to be taken by any interim or existing governing
board or school district administrators to determine whether that
action would have a material fiscal impact, debt, or liability on the
existing, proposed, newly formed, or newly organized school
district. If, based on the review of the county superintendent of
schools, the county superintendent of schools determines that the
action or proposed action would have a material fiscal impact on the
existing, proposed, newly formed, or newly organized school district,
and that action is unnecessary for the immediate functioning of the
existing or newly formed school district, the county superintendent
of schools may stay or rescind that action. The county superintendent
of schools shall inform the existing or interim reorganized school
district governing board of the school district administrators in
writing of his or her justification for the exercise of authority
under this subdivision to deny the request.
   (c) A school district shall provide any documents or information
requested by the county superintendent of schools in a timely manner
related to proposed actions that are under review pursuant to this
section.
   (d) The requirements of this section shall apply irrespective of a
school district's budget or certification status under Article 2
(commencing with Section 42120) or Article 3 (commencing with Section
42130) of Chapter 6 of Part 24.