SECTIONS 74130-74140 - California Statutes

EDUCATION CODE

SECTION 74130-74140

74130. Provisions of this article shall apply only to petitions to
include in an existing community college district a high school or
unified school district which is contiguous to that community college
district and presently not in any community college district subject
to provisions of Section 74000.

74131. An action to annex nondistrict territory to an existing
community college district is initiated upon the filing with the
county superintendent of schools having jurisdiction of a petition
signed by any one of the following:
(a) At least 25 percent of the registered voters residing in the
nondistrict territory to be annexed. If two or more high school or
unified school districts are involved, the petition shall be signed
by at least 25 percent of the registered voters in each school
district.
(b) A majority of the members of the governing board of any high
school or unified school district proposing annexation.
(c) A majority of the members of the governing board of the
community college district which would receive the annexed territory
under the proposal.

74132. (a) A petition initiated under subdivision (a) or (b) of
Section 74131 shall be filed with the county superintendent of
schools having jurisdiction over the nondistrict territory.
(b) A petition initiated under subdivision (c) of Section 74131
shall be filed with the county superintendent of schools having
jurisdiction over the territory in which the community college
district is located.

74133. The provisions of Sections 74102 and 74103 shall apply to a
petition for annexation.

74134. Upon receipt of the petition the county superintendent of
schools shall transmit a copy of the petition to the board of
governors. Within 30 days after the petition for reorganization is
filed, the county superintendent 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 each of the following:
(a) The governing board and district superintendent of each
district affected by the proposed annexation.
(b) The county superintendent and county committee of each county
which has jurisdiction over any district affected by the proposed
annexation.
(c) The board of governors.
When applicable, Article 4 (commencing with Section 74180) shall
also control.

74135. (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, to the
governing boards affected by the petition, and to the board of
governors a description of the petition and a report which includes a
description or analysis of the impact of the proposed change upon
the following:
(1) Funding of each affected unified or high school and community
college district, including determination of level and sources of
local property or special taxes to be levied for general purposes of
the recipient community college district.
The property tax contribution to the district shall not be less
than the proportion that the tax levied in the 1977-78 fiscal year in
the territory affected pursuant to former Chapter 8 (commencing with
Section 2100) of Part 2 bore to the total property tax levied in
that territory in the 1977-78 fiscal year.
Alternative sources of local tax contribution to the recipient
district, as may be permitted by law, shall be included in the
committee's report.
(2) Existing property, obligations, and bonded indebtedness.
(3) Racial or ethnic composition of the recipient district.
(4) Governing board of recipient district.
(5) County district master plan.
(6) Any matter considered significant by the county committee.

74136. 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 to each affected governing board and the
board of governors for review.

74137. The governing board of the district to which the territory
is to be transferred shall set a date for a public hearing on the
petition which shall be within 60 days of the receipt of the petition
forwarded pursuant to Section 74136, and the county superintendent
shall notify the chief petitioners of the times and places of the
hearings, where appropriate. At the hearings, interested persons
shall be given an opportunity to present their views on the petition.
The governing board of the receiving district then shall either
approve or deny the petition. No annexation shall be made unless a
majority of the members of the governing board of the receiving
district sign a statement agreeing to all conditions of the transfer
at the hearings. Upon completion of the hearings, the governing board
of the receiving district shall return the petition, together with a
notice of action, to the county committee.

74138. The county committee may approve the petition only if all of
the following conditions are met:
(a) The governing board of the receiving district has consented to
all conditions of annexation by an agreement signed by a majority of
the members of the board.
(b) The county committee finds that:
(1) The annexation will not result in any increased cost to the
state.
(2) The annexation will not result in a reduction in state aid to
community college districts not party to the petition.
(3) The allocation of local property tax revenues has been
accurately determined and will be appropriately implemented.
(4) The annexation will not significantly affect the racial or
ethnic composition of the district affected.
(5) The annexation will not decrease education opportunities for
residents of districts involved.

74139. 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.

74140. Whenever a 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.