BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 331             
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          |Author:    |Levine                                               |
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          |Version:   |April 7, 2015                               Hearing  |
          |           |Date:     June 10, 2015                              |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  School district governing boards:  reduction of  
          membership

            SUMMARY
          
          This bill authorizes a county committee on school district  
          organization to decrease the membership of a school district's  
          governing board from five to three if the district's average  
          daily attendance (ADA) during the preceding year was less than  
          300.  

            BACKGROUND
          
          Existing law:


          1)Requires any elementary school district having a governing  
            board of three members and whose ADA for the preceding fiscal  
            year was 300 or more do one of the following:





             a)   By its own action determine that the number of members  
               of its governing board shall be increased to five, in which  
               case two additional members shall be elected at an upcoming  
               established election date; or









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             b)   Request the county superintendent of schools to submit  
               the question of whether the board should be increased to  
               five members to the voters of the district at an upcoming  
               established election date.



          2)Requires that a proposal to change the membership of a school  
            district or community college district governing board may be  
            initiated by the county committee on school district  
            organization or made to the committee by a petition signed by  
            a specified number of qualified registered voters residing in  
            the district.





          3)Requires the county committee on school district organization  
            to call and conduct at least one hearing in the district on a  
            proposal to change the membership of the district's governing  
            board and to approve or disapprove the proposal at the  
            conclusion of the hearing.


            ANALYSIS
          
          This bill:



             1)   Authorizes the county committee on school district  
               organization to reduce the members of a school district  
               from five to three, if the district's ADA during the  
               preceding year was less than 300, or adopt one of the  
               alternative methods of electing governing board members in  
               accordance with procedural requirements in existing law.












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             2)   Makes other nonsubstantive changes.



          STAFF COMMENTS

             1)   Need for the bill.  According to the author's office,  
               when average daily attendance (ADA) increases, some boards  
               increase to five members.  However, if ADA drops, there is  
               no provision for going back to three board members,  
               proportional to the student population.  Elementary school  
               districts that already have three-member boards and that  
               continue to enroll fewer than 300 ADA can maintain their  
               three-member boards.  If the ADA increases to 300 or more,  
               then the district must either increase its board membership  
               to five by its own action or request the question to be put  
               to a vote of the district's electorate.  Voters could  
               decide to either retain the three-member board or increase  
               the membership to five.  The author's office indicates that  
               the ability for board membership to expand or contract in  
               proportion to enrollment becomes increasingly important in  
               rural and very small districts, which may have a difficult  
               time finding five community members able to serve on the  
               board.  Compounding the problem of recruiting board  
               members, current law requires an election to be held for  
               vacant seats if no one is appointed.  The author's office  
               maintains that the cost of an election is burdensome and  
               sometimes prohibitive for a very small school district.  

             2)   County committees on school district organization.   
               County committees on school district organization are the  
               local initiator, coordinator, analyst, facilitator, and  
               arbitrator for the reorganization of school districts.  
               Roughly half of county committees are comprised of members  
               of the county board of education while the remaining are  
               independent of the board, although workload often falls to  
               county board staff.
            


               Current law authorizes a county committee to increase and  
               decrease board membership from five to seven and from seven  
               to five.  The county committee can also increase a board  








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               from three to five members when ADA increases.  However,  
               existing law does not allow for the county committee to  
               reduce a five member board if ADA declines.


          
            SUPPORT


          Santa Clara County Office of Education 




          School Employers Association of California




          Sonoma County Office of Education (sponsor)


            OPPOSITION
           
           None received.

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