SECTIONS 35750-35768 - California Statutes

EDUCATION CODE

SECTION 35750-35768

35750. The State Board of Education shall establish minimum
standards which it shall apply in approving or disapproving petitions
and proposals for the formation or reorganization of school
districts.

35751. When it is necessary for the State Board of Education to
consider petitions submitted under this chapter and prepare a
proposal relating to such a petition, each county superintendent of
schools and every other county officer in the counties affected, and
the district superintendent of the school districts affected shall
provide the statistical information required by the Department of
Education to complete the study.

35752. (a) When a petition for the reorganization of a school
district is received in the office of the secretary of the state
board, the secretary shall set the petition for hearing at a regular
or special meeting of the state board. At least 30 days prior to the
date of the hearing, he or she shall send by registered mail a notice
containing a general statement of the purpose of the petition and
the time and place of the hearing to each of the following persons or
agencies:
(1) The governing board and district superintendent of each school
district whose boundaries would be affected.
(2) The county superintendent and county committee of each county
that has jurisdiction over any of the districts whose boundaries
would be affected.
(3) The persons designated in the petition as "chief petitioners."
(b) A petition for the reorganization of a school district
initiated pursuant to subdivision (d) of Section 35700, and
transmitted to the state board pursuant to Section 35707, shall be
withdrawn from consideration if both of the following occur:
(1) A majority of the members of the governing board of each
school district initiating the petition approves a resolution
requesting withdrawal of the petition.
(2) The county committee on school district organization
transmitting the petition to the state board approves a resolution
supporting withdrawal of the petition.
(c) A resolution for the reorganization of a school district
initiated pursuant to subdivision (c) of Section 35721 and
transmitted to the state board pursuant to Section 35722 shall be
withdrawn from consideration if the state board receives a resolution
from the county committee on school district organization
transmitting the petition to the state board requesting withdrawal of
the petition.

35753. (a) The State Board of Education may approve proposals for
the reorganization of districts, if the board has determined, with
respect to the proposal and the resulting districts, that all of the
following conditions are substantially met:
(1) The reorganized districts will be adequate in terms of number
of pupils enrolled.
(2) The districts are each organized on the basis of a substantial
community identity.
(3) The proposal will result in an equitable division of property
and facilities of the original district or districts.
(4) The reorganization of the districts will preserve each
affected district's ability to educate students in an integrated
environment and will not promote racial or ethnic discrimination or
segregation.
(5) Any increase in costs to the state as a result of the
proposed reorganization will be insignificant and otherwise
incidental to the reorganization.
(6) The proposed reorganization will continue to promote sound
education performance and will not significantly disrupt the
educational programs in the districts affected by the proposed
reorganization.
(7) Any increase in school facilities costs as a result of the
proposed reorganization will be insignificant and otherwise
incidental to the reorganization.
(8) The proposed reorganization is primarily designed for purposes
other than to significantly increase property values.
(9) The proposed reorganization will continue to promote sound
fiscal management and not cause a substantial negative effect on the
fiscal status of the proposed district or any existing district
affected by the proposed reorganization.
(10) Any other criteria as the board may, by regulation,
prescribe.
(b) The State Board of Education may approve a proposal for the
reorganization of school districts if the board determines that it is
not practical or possible to apply the criteria of this section
literally, and that the circumstances with respect to the proposals
provide an exceptional situation sufficient to justify approval of
the proposals.

35754. After affording interested persons an opportunity to present
their views on the petition and after hearing any findings and
recommendations of the State Superintendent of Public Instruction,
the State Board of Education shall approve or disapprove the
formation of the proposed new district. If the board approves the
formation, it may amend or include in the proposal any of the
appropriate provisions of Article 3 (commencing with Section 35730).

35755. After the State Board of Education has approved the plans
and recommendations for the unification or other reorganization of
the school districts in any area, the secretary of the State Board of
Education shall give notice of the approval to the county
superintendent of schools having jurisdiction over any of the
districts whose boundaries or status would be affected by the
reorganization as proposed.

35756. The county superintendent of schools, within 35 days after
receiving the notification provided by Section 35755, shall call an
election, to be conducted at the next election of any kind in the
territory of districts as determined by the state board, in
accordance with either of the following:
(a) Section 1002 of the Elections Code and Part 4 (commencing with
Section 5000).
(b) Division 4 (commencing with Section 4000) of the Elections
Code.

35756.5. In the case of the transfer of territory from one district
to another, if the transfer is opposed by the governing boards of
one or more of the districts affected with an average daily
attendance of 900 or less, the territory in which the election is
held shall include the entire territory of the districts opposing the
transfer. Each district with an average daily attendance of 900 or
less which is included in an election because of the objection of its
governing board to the transfer shall bear the additional cost of
holding the election in that portion of its territory not otherwise
included in the election. When a majority of the votes cast in the
school district opposing the transfer and a majority of the votes
cast in the entire territory in which the election is held are in
favor of the reorganization, the proposal carries.

35757. The county superintendent of schools shall prepare a
statement of official information and statistics relating to the
proposed reorganization which shall include, but is not limited to,
the plans and recommendations, the revenue limit per pupil, the rate
of growth, the expected enrollment, and the support from the state
which can be expected if such area maintains an adequate school
program. Such statistics shall be based upon the school year last
completed before the date of the election.

35758. The county superintendent of schools calling the election
shall cause to be prepared and distributed a statement setting forth
arguments for and against the recommendations. The argument shall not
exceed 500 words. The argument in favor of the recommendation shall
be prepared by the president of the county board or by a proponent of
the recommendations designated by the president. The arguments
against the recommendations shall be prepared by a member of the
county board who voted against the recommendations, or, if there be
none, by an elector designated by the county superintendent of
schools who has appeared before the board or at a public hearing in
opposition to the recommendation.

35759. The cost of preparation and distribution of the statement
setting forth the arguments in favor of, and those opposed to, the
recommendations of the county board, and the cost of any election
held pursuant to this article shall be a charge against the general
fund of the county. If such district is situated in more than one
county, the cost of the election shall be prorated against each
county in the same proportion as the assessed valuation of the
territory of the proposed new district lying in such county bears to
the total assessed valuation of the proposed new districts.

35760. (a) Any circular, pamphlet, letter, poster, or other
campaign literature which is designed to promote either the passage
or defeat of a ballot measure proposing the reorganization of school
districts shall bear on its face, in a conspicuous place, either of
the following:
(1) The names and residence addresses of the chairmen and
secretary, or the names and residence addresses of at least two
officers of the organization issuing it, if issued by an
organization.
(2) The name and residence address, with the street and number, if
any, of any individual responsible for it, if issued by an
individual or individuals.
(b) If any person eligible to vote upon such ballot measure has
reason to believe that such campaign literature contains false and
misleading statements, he or she may bring an action in the superior
court for injunctive relief against further circulation of the
literature, and if the court finds that the literature does, in fact,
contain false and misleading statements, it may enjoin any further
circulation of the literature.

35761. Every qualified elector residing within the territory in
which the election is called shall be eligible to vote at such
election.

35762. The words to appear upon the ballots used for voting upon
the adoption or rejection of the proposals for the reorganization of
school districts shall be "Reorganization of school districts--Yes,"
and "Reorganization of school districts--No," or words of similar
import. If the plans and recommendations include a proposal for
trustee areas in accordance with Section 35734, such proposal shall
be considered a part of the reorganization proposition to be voted
upon, and the ballot shall include wording to that effect.

35763. Upon the completion of the canvass of the election returns
and the vote by mail ballots, the county superintendent of schools
shall tabulate the returns and the vote by mail ballots, and notify
the Superintendent of Public Instruction, the board of supervisors
and the governing board of each affected school district of the
number of votes cast for, and the number of votes cast against, the
reorganization of school districts in each school district and also
the total number of votes cast for, and the total number of votes
cast against, the reorganization of school districts.

35764. When a majority of all the votes cast are cast in favor of
the reorganization or other proposal, the proposal carries.

35765. After the board of supervisors receives a proper certificate
of election or other proper evidence that an action to organize or
reorganize school districts has been approved as provided by law, the
board of supervisors shall make an order to create, change, or
terminate school districts as may be required by the action and
establish or reestablish the boundaries of the districts affected by
the action. The order shall be entered in the county's record of
school districts.
If the action results in the creation of a district or a change of
district boundaries of the type described in Section 54900 of the
Government Code, the order of the board of supervisors shall include
the legal description of each district created or changed in the
action and, immediately after making the order, the board of
supervisors shall cause a copy of the order and a map or plat
indicating the boundaries established or reestablished for each
district affected by the order to be filed as required by Chapter 8
(commencing with Section 54900) of Part 1 of Division 2, Title 5 of
the Government Code.

35766. After the expiration of one year from the date of the order,
the order shall be conclusive evidence that the school district has
been legally organized, or the boundaries legally changed, as the
case may be, and no suit shall be maintained which questions the
validity of the organization or change of boundaries.

35767. Except as otherwise provided in Article 1 (commencing with
Section 35100) of Chapter 2 of Part 21, and notwithstanding the
provisions of Section 35101, the county superintendent of schools
having jurisdiction may consolidate the election for the purpose of
electing the governing board of a unified school district proposed to
be formed under Chapter 2 (commencing with Section 4200) of Part 3
with the election held for adopting or rejecting the plans and
recommendations for the formation of a new district. The election
shall be called, held, and conducted pursuant to Article 1
(commencing with Section 5000) of Chapter 1 of Part 4, Chapter 3
(commencing with Section 5300) of Part 4, and Article 1 (commencing
with Section 35100) of Chapter 2 of Part 21, except that the question
of formation of a unified school district and any other proposition
to be voted upon shall appear on the ballot before the list of
candidates for election to the governing board of the proposed
unified district.

35768. The State Board of Education may adopt rules and regulations
for the implementation of this article, as it deems necessary.