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. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 7, 2015 |Policy Vote: ED. 8 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: June 22, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 AB 331 (Levine) Page 1 of ? 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: AB 331 (Levine) Page 2 of ? 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. AB 331 (Levine) Page 3 of ? -- END --