Bill Text: CA AB174 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 174 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School district reorganization.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 314, Statutes of 2009. [AB174 Detail]

Download: California-2009-AB174-Introduced.html
BILL NUMBER: AB 174	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Carter

                        JANUARY 29, 2009

   An act to amend Sections 35706, 35707, 35710, and 35711 of, and to
add Sections 35520.5 and 35710.3 to, the Education Code, relating to
school district reorganization.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 174, as introduced, Carter. School district reorganization.
   (1) Existing law prescribes the procedure to reorganize school
districts, including the filing of a petition with the county
superintendent of schools by specified persons. Existing law
authorizes a county committee on school district reorganization to
approve petitions to transfer territory, other than petitions to
transfer uninhabited territory from one district to another, or to
transfer inhabited territory of less than 10% of the assessed
valuation of the district from which the territory is being
transferred, if it finds that certain specified conditions
substantially are met. Existing law requires the committee, if it
approves such a petition, to notify the county superintendent of
schools, who in turn is required to call an election in the territory
of the districts, as determined by the county committee, to be
conducted at the next election of any kind in accordance with
specified statutory provisions regarding elections.
   This bill would authorize a county committee to approve a petition
to form one or more school districts if specified conditions are
met, including the granting of approval authority by each county
superintendent of schools with jurisdiction over an affected school
district that elects to grant approval authority to the county
committee on school district reorganization for which he or she is
secretary, the governing board of each of the affected school
districts consents to the petition, and the secretary of the county
committee designated as the lead agency for purposes of the
California Environmental Quality Act (CEQA), as specified, enters
into an agreement on behalf of the county committee for any or all
affected school districts to share among those districts the costs of
complying with CEQA requirements and serving as the lead agency.
   (2) Existing law requires a county superintendent of schools to
transmit petitions to transfer territory simultaneously to the county
committee and to the State Board of Education within 30 days after
the petitions are filed.
   This bill would apply that requirement to petitions to form one or
more school districts pursuant to the bill.
   (3) CEQA requires a lead agency, as defined, to prepare, or cause
to be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that may have a
significant effect on the environment, or to adopt a negative
declaration if it finds that the project will not have that effect.
   This bill would designate the county committee as the lead agency
for purposes of CEQA for petitions to transfer territory and
petitions to form one or more school districts that the committee
considers, except as specified.
   (4) Existing law requires county officers or agencies to conduct
proceedings or take actions in each of the counties involved in an
action to reorganize school districts which are located in more than
one county and are under the jurisdiction of different county
superintendents of schools.
   This bill would specify the manner for selecting the lead agency,
as defined, for purposes of CEQA with regard to multicounty
reorganization actions.
   (5) Existing law requires a county committee to recommend approval
or disapproval of a petition for unification of school districts or
for the division of the territory of an existing school district into
2 or more separate school districts, or to approve or disapprove a
petition for the transfer of territory, within 120 days of the
commencement of the first public hearing on the petition.
   This bill would require that, for the approval or disapproval of
specified petitions, the 120-day period would commence after
certification of an environmental impact report, approval of a
negative declaration, or a determination that the project is exempt
from CEQA.
   (6) Existing law requires a county committee to expeditiously
transmit petitions to reorganize school districts, not including
petitions to transfer territory, to the state board together with its
recommendations thereon. Existing law requires the state board to
conduct hearings regarding those petitions and recommendations
pursuant to specified statutory provisions.
   This bill would apply those requirements to petitions to form one
or more school districts pursuant to the bill that are not approved
by the county committee and would designate the state board as the
lead agency, as defined, for purposes of CEQA for those petitions.
   (7) Existing law authorizes a person to appeal, within 30 days, a
decision based on an finding of the county committee that a proposed
action to transfer territory will not adversely affect the racial or
ethnic integration of the schools of the school districts affected.
   This bill would extend that appeal authority to a decision based
on an identical finding regarding a proposed action to form one or
more school districts pursuant to the bill.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 35520.5 is added to the Education Code, to
read:
   35520.5.  (a) For a petition described in Section 35521, the
county superintendents of schools of the affected counties by mutual
agreement shall determine which county committee shall be designated
the lead agency, as defined in Section 21067 of the Public Resources
Code, for purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
   (b) If an agreement is not attained pursuant to subdivision (a)
within 30 days of the filing of the petition pursuant to Section
35700, the lead agency for purposes of the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) shall be the county committee for which the
county superintendent of schools, serving as the secretary of the
committee pursuant to Section 4012, has the greatest number of pupils
under his or her jurisdiction, as compared to the other affected
counties, in the territory proposed for reorganization.
  SEC. 2.  Section 35706 of the Education Code is amended to read:
   35706.   (a)    Within 120 days of the
commencement of the first public hearing on the petition, the county
committee shall recommend approval or disapproval of a petition for
unification of school districts or for the division of the territory
of an existing school district into two or more separate school
districts, as the petition may be augmented, or shall approve or
disapprove a petition for the transfer of territory, as the petition
may be augmented. 
   (b) The 120-day period for approving or disapproving a petition
pursuant to Section 35709 or 35710 shall commence after certification
of an environmental impact report, approval of a negative
declaration, or a determination that the project is exempt from the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code). 
  SEC. 3.  Section 35707 of the Education Code is amended to read:
   35707.  (a) Except for petitions for the transfer of 
territory,   territory or petitions to form one or more
school districts that meet the conditions described in subdivision
(b) of Section 35710,  the county committee  shall
 expeditiously  shall  transmit the petition to the
 State Board of Education   state board 
together with its recommendations  thereon   on
the petition  . It  shall  also  shall
 report whether any of the following, in the opinion of the
committee, would be true regarding the proposed reorganization as
described in the petition:
   (1) It  would  adversely  would  affect
the school district organization of the county.
   (2) It would comply with  the provisions of 
Section 35753.
   (b) Petitions for transfers of territory  and petitions to
form one or more school districts that meet the conditions described
in subdivision (b) of Section 35710  shall be transmitted
pursuant to Section 35704.
  SEC. 4.  Section 35710 of the Education Code is amended to read:
   35710.   (a)   For all other petitions to
transfer territory, if the county committee finds that the conditions
enumerated in paragraphs (1) to (10), inclusive, of subdivision (a)
of Section 35753  are  substantially  are 
met, the county committee may approve the petition and, if approved,
shall notify the county superintendent of schools who shall call an
election in the territory of the districts as determined by the
county committee, to be conducted at the next election of any kind in
accordance with either of the following: 
   (a) 
    (1)    Section 1002 of the Elections Code and
Part 4 (commencing with Section 5000)  of Division 1 of Title 1
 . 
   (b) 
    (2)    Division 4 (commencing with Section
4000) of the Elections Code. 
   (b) A county committee also may approve a petition to form one or
more school districts if the requirements of subdivision (a), and the
following conditions, are met:  
   (1) Each county superintendent of schools with jurisdiction over
an affected school district elects to grant approval authority to the
county committee on school district organization for which he or she
is secretary pursuant to Section 4012, and that county committee
chooses to accept that authority.  
   (2) The governing board of each of the affected school districts
consents to the petition.  
   (3) The secretary of the county committee designated as the lead
agency pursuant to Section 35710.3 or subdivision (a) of Section
35520.5 enters into an agreement on behalf of the county committee
for any or all affected school districts to share among those
districts the costs of complying with the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).  
   (c) A petition to form one or more school districts that meets the
conditions described in subdivision (b), but is not approved by the
county committee, shall be transmitted to the state board pursuant to
subdivision (a) of Section 35707 and heard by the state board
pursuant to Section 35708. The state board, rather than the county
committee, shall be the lead agency, as defined in Section 21067 of
the Public Resources Code, for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) for each petition transmitted
pursuant to this subdivision, including a petition disapproved by the
county committee after determining the project is exempt from the
California Environmental Quality Act pursuant to paragraph (5) of
subdivision (b) of Section 21080 of the Public Resources Code. 
  SEC. 5.  Section 35710.3 is added to the Education Code, to read:
   35710.3.  A county committee shall be the lead agency, as defined
in Section 21067 of the Public Resources Code, for purposes of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) for each petition it
considers pursuant to Sections 35709 and 35710, unless the state
board is the lead agency pursuant to subdivision (c) of Section
35710.
  SEC. 6.  Section 35711 of the Education Code is amended to read:
   35711.   Any   (a)     A
 person questioning the finding of the county committee pursuant
to Section 35709 or 35710 that the  proposed  
action to  transfer  of  territory  or form
one or more school districts  will not adversely affect the
racial or ethnic integration of the schools of the districts
affected, may appeal a decision  made upon such a 
 based on that  finding. The appeal shall be made to the
 State Board of Education   state board 
within 30 days. The appeal shall be based upon factual and
statistical evidence. 
    If 
    (b)     If  the  State Board
of Education   state board  denies the appeal, the
decision of the county committee shall stand. If the  State
Board of Education   state board  approves the
appeal, it shall review the findings of the county committee at a
regular meeting of the  state  board. 
   The State Board of Education 
    (c)     The state board  shall notify
the county committee on its decision on the appeal. If the 
State Board of Education   state board  approves
the appeal, the county committee shall transmit a copy of the
proceedings to the  State Board of Education  
state board  within 30 days after receipt of notice. The
 State Board of Education   sta   te
board  shall review the transcript, considering all factors
involved. The  State Board of Education   state
board  may reverse, or may affirm, the decision of the county
committee, or if it appears that inadequate consideration was given
to the effect of the transfer on integration of the schools of the
districts affected, it shall direct the county committee to
reconsider its decision and for this purpose to hold another hearing.