AB 803,
as amended, Hadley. School districts:begin delete reorganization.end deletebegin insert reorganization: formation of new school districts.end insert
(1) Existing lawbegin delete specifies a processend deletebegin insert establishes procedural requirementsend insert for thebegin delete unification orend delete reorganization of school districts.begin delete As part of that process, existing law requires a county committee on school district organization to hold a public hearing upon receipt of a petition signed by at least 10% of the qualified electors residing in any school district for consideration of unification or other reorganization of any area. Existing law also requires a county committee on school district organization to hold a public hearing upon receipt of a resolution approved by a majority of the members of specified local agencies for consideration of unification or other reorganization of any area. Following those public hearings, existing law requires the county committee on
school district organization to grant or deny the petition or resolution proposal. If a county committee on school district organization approves a petition to transfer territory, existing law requires the county committee to notify the county superintendent of schools who, upon that notification, is required to call an election in the territory of the school district, as specified.end deletebegin insert Existing law provides that an action to reorganize one or more school districts may be initiated upon the filing of a petition with the county superintendent of schools by a specified percentage or number of registered voters residing within the territory proposed to be reorganized, by the owner of the property if the territory is uninhabited, or by a majority of the members of the governing boards of each school district that would be affected by the proposed reorganization.end insert
Notwithstanding those provisions, this bill wouldbegin delete create a separate procedure for inhabited territory transfersend deletebegin insert establish separate procedural requirements for an action to form a new school districtend insert within the boundaries of a single school districtbegin delete for the formation of a new school districtend delete within a single county. The bill would authorizebegin delete a transferend deletebegin insert
an actionend insert to be initiated by a petition signed bybegin insert at leastend insert 10% of the number of qualified electors who voted in the last gubernatorial election and who reside within the boundaries of the proposedbegin insert schoolend insert district, or by resolution of a local agency, as defined, approved by a majority of its members.begin insert Upon receipt of a petition or resolution proposal, the bill would require the county board of education to hold a public hearing, as specified. If a petition or proposal is granted, the bill would require the county superintendent of schools to call an election of registered voters within the boundaries of the proposed school district, as specified. By imposing additional duties on
county boards of education and county superintendents of schools, the bill would impose a state-mandated local program.end insert
The bill would require the county board of education to hold a public hearing on a petition upon receipt of that petition, and to grant or deny the petition following the hearing. The bill would also require the county board of education, upon receipt of a resolution proposal, to hold a public hearing on that proposal jointly with the local agency that initiated the proposed transfer, and would require the county board of education and the local agency to jointly grant or deny the proposal by majority vote of all members. By imposing additional duties on county boards of education, the bill would impose a state-mandated local program.
end deleteThe bill would require a petition to identify the persons who will represent the proposed school district at those public hearings. The bill would also require the local agency to appoint persons to represent the proposed school district at those public hearings by a resolution.
end deleteThe bill would require the county superintendent of schools to call an election of registered voters within the boundaries of the territory to be transferred, as specified, if a petition or proposal is granted. By imposing additional duties on county superintendents of schools, the bill would impose a state-mandated local program.
end delete(2) The California Environmental Quality Act (CEQA) generally requires all state and local governmental lead agencies to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on any project that they propose to carry out or approve that may result in a significant effect on the environment, that is, a substantial, or potentially substantial, adverse change in the physical conditions that exist within the area that will be affected by the project.
end deleteThis bill would provide that CEQA shall not apply to inhabited territory transfers within the boundaries of a single school district for the formation of a new school district within a single county where only existing facilities will be transferred.
end delete(3)
end deletebegin insert(2)end insert 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 begin delete35721.7end deletebegin insert35700.2end insert is added to the Education
2Code, to read:
(a) Notwithstanding any other law, the following
5provisions apply tobegin delete inhabited territory transfersend deletebegin insert an action to form
6a new school districtend insert within the boundaries of a single school
7districtbegin delete for the formation of a new school districtend delete within a single
8county:
9(1) Thebegin delete transferend deletebegin insert actionend insert may be initiated by either of the
10following:
P4 1(A) A petition signed by at least 10 percent of the number of
2qualified electors who voted in the last gubernatorial election and
3who reside within the boundaries of thebegin delete territoryend delete proposedbegin delete to be begin insert school district.end insert The petition shall identify persons who
4transferred.end delete
5will represent the proposed school district in public hearings.
6(B) A resolution of a local agency approved by a majority of
7its members. The local agency shall also appoint persons to
8represent the proposed school district in public hearings by a
9resolution.
10(2) Upon receipt of a petition specified in subparagraph (A) of
11paragraph (1), the county board of education shall hold a public
12hearing on the petition at a regular or special meeting. Following
13the hearing, the county board of education shall grant or deny the
14petition.
15(3) Upon receipt of a resolution specified in subparagraph (B)
16of paragraph (1), the county board of education and the local
17agency that initiated thebegin delete transferend delete proposalbegin insert
to form a new school
18districtend insert shall jointly hold a public hearing onbegin delete the transferend deletebegin insert thatend insert
19 proposal at a regular or special meeting. Following the hearing,
20the county board of education and the local agency that initiated
21thebegin delete transferend delete proposal shall jointly grant or deny thebegin delete transferend delete proposal
22by a majority vote of all members.
23(4) If a petition or proposal is granted, the county superintendent
24of schools shall call an election of registered voters within the
25boundaries of thebegin delete territory to be transferredend deletebegin insert
proposed school districtend insert
26 to be conducted at the next election of any kind in accordance with
27either of the following:
28(A) Section 1002 of the Elections Code and Part 4 (commencing
29with Section 5000) of Division 1begin delete orend deletebegin insert ofend insert Title 1.
30(B) Division 4 (commencing with Section 4000) of the Elections
31Code.
32(b) For purposes of this section, “local agency” means a city
33council, county board of supervisors, governing body of a special
34district, or local agency formation commission that has jurisdiction
35over all or a
portion of the proposed school district.
36(c) The provisions of Section 35705.5 shall apply to a petition
37to form a new school district initiated pursuant to this section.
Section 21080.18.5 is added to the Public Resources
39Code, to read:
This division shall not apply to inhabited territory
2transfers within the boundaries of a single school district for the
3formation of a new school district within a single county where
4only existing facilities will be transferred.
If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.
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