Bill Text: CA SB1381 | 2021-2022 | Regular Session | Introduced
Bill Title: School districts and community college districts: governing board elections: charter cities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-20 - April 20 set for final hearing canceled at the request of author. [SB1381 Detail]
Download: California-2021-SB1381-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1381
| Introduced by Senator Allen |
February 18, 2022 |
An act to amend Section 5019 of the Education Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1381, as introduced, Allen.
School districts and community college districts: governing board elections: charter cities.
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 authorizes, in any school district or community college district, a county committee on school district organization to establish trustee areas, rearrange the boundaries of trustee areas, abolish trustee areas, and increase to 7 or decrease to 5 the number of members of a governing board, or to adopt an alternative method of electing governing board members, as specified.
The California Voting Rights Act of 2001 prohibits an at-large method of election from being imposed or applied in a political subdivision, as
defined, in a manner that impairs the ability of a protected class, as defined, to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgment of the rights of voters who are members of a protected class. Existing law establishes procedures for transitioning from at-large elections to district-based or trustee elections. Existing law authorizes a resolution of the county committee approving a proposal to establish trustee areas to constitute an order of election, and requires the proposal to be presented to the electors of the district not later than the next succeeding election for members of the governing board. Existing law also authorizes the county committee, by resolution, to approve a proposal to establish trustee areas and elect governing board members using district-based elections without submitting the resolution to the electors of the district for approval. Existing law requires such a resolution to include a declaration
that the change in the method of electing members of the governing board is being made in furtherance of the purposes of the California Voting Rights Act of 2001.
The California Constitution authorizes a charter city to prescribe rules for school district and community college district board elections in its charter, as provided.
This bill would prohibit a county committee on school district organization from approving a proposal, petition, resolution, or other request to establish district-based or trustee elections where a city charter establishes at-large elections as the manner of electing the governing board of a school district or community college district.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
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) 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.
(3) Notwithstanding paragraph (1), the county committee on school district organization shall not rearrange trustee area boundaries in a school district or community college district that has established a hybrid or independent redistricting commission for this purpose pursuant to Section 23003 of the Elections Code, the charter of a city or city and county, or a legal settlement.
(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 125 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 125 days
after its approval by the voters.
(e) Notwithstanding any other law, in accordance with Section 16 of Article IX of the California Constitution, a county committee on school district organization shall not approve a proposal, petition, resolution, or other request to establish district-based or trustee elections where a city charter establishes at-large elections as the manner of electing the governing board of a school district or community college district.
