Bill Text: CA AB331 | 2015-2016 | Regular Session | Chaptered
Bill Title: School district governing boards: reduction of membership.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-07-16 - Chaptered by Secretary of State - Chapter 116, Statutes of 2015. [AB331 Detail]
Download: California-2015-AB331-Chaptered.html
BILL NUMBER: AB 331 CHAPTERED
BILL TEXT
CHAPTER 116
FILED WITH SECRETARY OF STATE JULY 16, 2015
APPROVED BY GOVERNOR JULY 16, 2015
PASSED THE SENATE JUNE 29, 2015
PASSED THE ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 7, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 13, 2015
An act to amend Section 5019 of the Education Code, relating to
school districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 331, Levine. School district governing boards: reduction of
membership.
(1) Existing law establishes in each county, except a county that
is also a city and county, a county committee on school district
organization, and authorizes the committee to take certain actions
regarding the organization of school districts and community college
districts in the territory under the committee's jurisdiction.
Existing law requires a committee, upon a proposal initiated by the
committee or by a petition signed by a specified number of registered
voters, to approve or disapprove a proposal to increase the
membership of a school district governing board from 5 to 7, or to
decrease membership from 7 to 5, in accordance with specified
procedural requirements.
This bill would also authorize a county committee on school
district organization, for any school district whose average daily
attendance during the preceding year was less than 300, to approve or
disapprove a proposal to decrease the membership of the school
district governing board from 5 to 3 in accordance with those
specified procedural requirements. To the extent that the bill would
impose new duties on county committees on school district
organization, it would constitute a state-mandated local program.
(2) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5019 of the Education Code is amended to read:
5019. (a) (1) Except in a school district governed by a board of
education provided for in the charter of a city or city and county,
in any school district or community college district, the county
committee on school district organization may establish trustee
areas, rearrange the boundaries of trustee areas, abolish trustee
areas, and increase to seven from five, or decrease from seven to
five, the number of members of the governing board, or adopt one of
the alternative methods of electing governing board members specified
in Section 5030.
(2) For any school district whose average daily attendance during
the preceding year was less than 300, the county committee on school
district organization may decrease from five to three the number of
members of the governing board, or adopt one of the alternative
methods of electing governing board members specified in Section
5030.
(b) The county committee on school district organization may
establish or abolish a common governing board for a high school
district and an elementary school district within the boundaries of
the high school district. The resolution of the county committee on
school district organization approving the establishment or abolition
of a common governing board shall be presented to the electors of
the school districts as specified in Section 5020.
(c) (1) A proposal to make the changes described in subdivision
(a) or (b) may be initiated by the county committee on school
district organization or made to the county committee on school
district organization either by a petition signed by 5 percent or 50,
whichever is less, of the qualified registered voters residing in a
district in which there are 2,500 or fewer qualified registered
voters, by 3 percent or 100, whichever is less, of the qualified
registered voters residing in a district in which there are 2,501 to
10,000 qualified registered voters, by 1 percent or 250, whichever is
less, of the qualified registered voters residing in a district in
which there are 10,001 to 50,000 qualified registered voters, by 500
or more of the qualified registered voters residing in a district in
which there are 50,001 to 100,000 qualified registered voters, by 750
or more of the qualified registered voters residing in a district in
which there are 100,001 to 250,000 qualified registered voters, or
by 1,000 or more of the qualified registered voters residing in a
district in which there are 250,001 or more qualified registered
voters or by resolution of the governing board of the district. For
this purpose, the necessary signatures for a petition shall be
obtained within a period of 180 days before the submission of the
petition to the county committee on school district organization, and
the number of qualified registered voters in the district shall be
determined pursuant to the most recent report submitted by the county
elections official to the Secretary of State under Section 2187 of
the Elections Code.
(2) When a proposal is made pursuant to paragraph (1), the county
committee on school district organization shall call and conduct at
least one hearing in the district on the matter. At the conclusion of
the hearing, the county committee on school district organization
shall approve or disapprove the proposal.
(d) If the county committee on school district organization
approves pursuant to subdivision (a) the rearrangement of the
boundaries of trustee areas for a particular district, then the
rearrangement of the trustee areas shall be effectuated for the next
district election occurring at least 120 days after its approval,
unless at least 5 percent of the registered voters of the district
sign a petition requesting an election on the proposed rearrangement
of trustee area boundaries. The petition for an election shall be
submitted to the county elections official within 60 days of the
proposal's adoption by the county committee on school district
organization. If the qualified registered voters approve pursuant to
subdivision (b) or (c) the rearrangement of the boundaries to the
trustee areas for a particular district, the rearrangement of the
trustee areas shall be effective for the next district election
occurring at least 120 days after its approval by the voters.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
