BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 331 (Levine) - School district governing boards: reduction of  
          membership.
          
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          |Version: April 7, 2015          |Policy Vote: ED. 8 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: June 22, 2015     |Consultant: Jillian Kissee      |
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          This bill does not meet the criteria for referral to the  
          Suspense File.


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


          Fiscal  
          Impact:  
           Potential, likely minor, reimbursable state mandated costs for  
            county committees to review proposals to decrease the size of  
            a school district governing board if the Commission on State  
            Mandates determines this bill imposes a higher level of  
            service.


          Background:  County committees on school district organization are the  







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          local initiator, coordinator, analyst, facilitator, and  
          arbitrator for the reorganization of school districts.  They  
          have other responsibilities, including changing the number of  
          members of a school district or community college district  
          governing board.  In some counties, the county board of  
          education acts as the county committee.  Otherwise, the county  
          committee is a separate body from the county board of education.  
           

          Current law authorizes a county committee to increase from five  
          to seven, and decrease board membership from seven to five.  The  
          county committee can also increase a board from three to five  
          members when ADA increases.  Existing law does not allow for the  
          county committee to reduce a five member board if ADA declines.

          Current law requires any elementary school district with a  
          governing board of three members and whose ADA during the  
          preceding fiscal year was at or above 300 to either (1) by its  
          own action, determine that the number of members of the  
          governing board be increased to five, in which case two  
          additional members are to be elected, or (2) request the county  
          superintendent of schools to order an election to determine  
          whether the governing board shall be increased to five. 

          Current law provides that a proposal to change the membership of  
          a school district or community college district governing board  
          may be initiated by: (1) the county committee; (2) a petition  
          signed by a specified number of qualified registered voters  
          residing in the district; or (3) a resolution of the governing  
          board of the district.  When a proposal is made, the county  
          committee is required to conduct at least one hearing in the  
          district on the matter and to approve or disapprove the proposal  
          at the conclusion of the hearing.

          Current law requires that the resolution of the county committee  
          approving a proposal to increase or decrease the number of  
          members of the governing board, or a petition is filed  
          containing at least 10 percent of the district's signatures,  
          constitutes an order of election, and the proposal must be  
          placed on the ballot no later than the next election, as  
          specified. 


          Proposed Law:  








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            This bill allows a county committee on school district  
          organization to decrease number of members of the governing  
          board from five to three if a school district's ADA during the  
          preceding year was less than 300, or adopt one of the  
          alternative methods of electing governing board members as  
          prescribed in existing law.


          Staff  
          Comments:  This bill authorizes a county committee on school  
          district organization to decrease the membership of certain  
          school districts' governing boards.  This bill subjects the  
          expanded authority to the process that is established in current  
          law for increasing the number of governing board members from  
          five to seven and decreasing it from seven to five.  

          Though this bill authorizes a county committee to decrease  
          governing boards of certain school districts from five to three,  
          according to the process outlined in existing law, once such a  
          proposal is made to the county committee, in its review, the  
          county committee must hold at least one hearing on the matter.   
          Depending on whether the Commission on State Mandates determines  
          these activities to constitute a higher level of service derived  
          from the expanded authority, the activities may be interpreted  
          to be a mandate and therefore may be reimbursable.

          According to the State Department of Education, there are about  
          200 districts with less than 300 ADA.  Information regarding the  
          size of the governing boards of these school districts is  
          unknown.  However, according to the department, there are a  
          handful of small districts known to experience difficulty in  
          maintaining a full board.  

          Though existing law does not specifically authorize the county  
          committee to reduce a five member board if ADA declines,  
          according to the department, school districts have the option to  
          submit a waiver to the State Board of Education to reduce their  
          governing boards.  However, there have not been any known  
          requests for waivers that have been submitted to date.  It is  
          anticipated that not a large number of school districts will  
          access the process provided in this bill, and to the extent they  
          do, it is not expected to drive significant costs to the state.










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