SECTIONS 74100-74110 - California Statutes

EDUCATION CODE

SECTION 74100-74110

74100. An action to reorganize one or more districts by the
transfer of territory to another district is initiated upon the
filing of a petition with the county superintendent of schools having
jurisdiction. A petition to reorganize districts by the transfer of
territory to another district shall be signed by either of the
following:
(a) Where the petition is to transfer territory currently located
in one district, at least 25 percent of the registered voters
residing in the territory proposed to be transferred shall sign the
petition. Where the petition is to transfer territory currently
located in two or more districts, at least 25 percent of the
registered voters residing in the territory proposed to be
transferred in each district shall sign the petition.
(b) A majority of the members of each of the governing boards of
the districts which would be affected by the proposed reorganization.

74102. In any petition to reorganize districts by transfer, there
shall be designated no more than three of the petitioners as chief
petitioners for the purpose of receiving notice of any public
hearings to be held on the petition.

74103. The persons securing the signatures to a petition of
electors to reorganize districts shall attach thereto an affidavit
that all persons who signed the petition did so in the presence of
the affiant and that each signature is a genuine signature of the
person whose name it purports to be.

74104. Upon receipt of the petition, the county superintendent of
schools shall transmit a copy of the petition to the board of
governors. The county superintendent of schools, within 30 days after
the petition for reorganization is filed, shall examine the petition
and, if he or she finds it to be sufficient and signed as required
by law, shall transmit the petition simultaneously to the county
committee, the governing board of each affected district, and the
board of governors.
Notwithstanding any provision of this article to the contrary, if
the transfer involves a minor change in district boundaries, defined
as a transfer of territory involving less than 5 percent of the adult
population of the district from which the transfer is being made,
the petition may be transmitted directly to the county board of
supervisors by the county superintendent of schools, without
submission to the county committee on school district organization.
The procedure specified in this paragraph may not be utilized more
than once every five years.

74105. Within 90 days after receipt of the petition, the county
committee shall hold one or more public hearings on the petition at a
regular or special meeting in each of the districts affected by the
petition. Notice of the public hearing shall be given at least 10
days in advance of the date of the hearing to the chief petitioners,
to the governing board of all districts affected by the proposed
transfer, the board of governors and to all other persons requesting
notice of the hearing.

74106. (a) The county committee may add to the petition any
appropriate provisions which were not included in the petition as
filed, and may amend any provision which was so included.
(b) At least 10 days before the public hearing on the petition,
the county committee shall make available to the public, the
governing boards affected by the petition, and the board of
governors, a description of the petition and a report which includes
a description or analysis of all the following:
(1) The rights of the employees in the affected districts to
continued employment.
(2) The financial impact of the proposed change on each affected
district.
(3) Whether the districts involved will be governed, in part, by
provisions of a city charter and, if so, in what way.
(4) A description of the territory affected.
(5) A description of how the property, obligations, and bonded
indebtedness of existing districts will be divided.
(6) Whether the reorganization will significantly affect racial or
ethnic composition of districts.
(7) Determination of impact of proposed change upon boards of
trustees.
(8) A draft statement of the terms of the agreement regarding all
conditions of the transfer, when applicable, for consideration by
governing boards of affected districts.
(9) Whether the change is compatible with the district master plan
of the county.

74107. Within 90 days after affording the public an opportunity to
comment on the petition, the report, and the recommendations included
in the report, the county committee shall forward a copy of the
petition and the report documents to each district governing board
and the board of governors for review. No transfer shall be made
unless a majority of the members of the governing board of the
district to which the territory is to be transferred sign a statement
agreeing to all conditions of the transfer at a public meeting
conducted for that purpose. Upon completion of the public meeting,
the receiving governing board shall return the petition and statement
of agreement, together with a notice of action, to the county
committee.

74108. The county committee may approve a petition only if either
of the following conditions are met:
(a) The petition is to transfer uninhabited territory from one
district to another and the owner of the territory, or a majority of
the owners of the territory, and the governing board of the receiving
district involved in the transfer consent to the transfer.
(b) The petition is to transfer inhabited territory and all the
following conditions are satisfied.
(1) The governing board of the receiving district has consented to
all conditions of transfer by an agreement signed by a majority of
the members of the board.
(2) The county committee finds that:
(A) The transfer will not result in any increased cost to the
state.
(B) The transfer will not result in a reduction in state aid to
community college districts not party to the petition.
(C) The reallocation of local property tax revenues has been
accurately determined and will be appropriately transferred.
(D) The transfer will not significantly affect the racial or
ethnic composition of the districts affected.
(E) The transfer will not decrease educational opportunities for
residents of all districts involved.

74109. Whenever a county committee approves a petition, within 10
days it shall transmit a copy of the approved petition, together with
any related information or recommendations, to the Board of
Governors of the California Community Colleges for review.

74110. Whenever the county committee rejects a petition, it shall
notify the chief petitioners and the board of governors of its action
and provide in writing the basis for rejection.
The county committee need not accept a new petition on the same
territory filed within 12 months of its decision.