SECTIONS 74150-74159 - California Statutes

EDUCATION CODE

SECTION 74150-74159

74150. Provisions of this article shall apply only to petitions for
the formation of a new community college district consisting of
either nondistrict territory, territory of one or more existing
community college districts, or a combination of nondistrict
territory and the territory of one or more existing community college
districts subject to the provisions of Section 74000.

74151. An action to form a new community college district is
initiated upon the filing of a petition with the county
superintendent of schools having jurisdiction. A petition to form a
new community college district shall be signed by one of the
following:
(a) Where the territory to be formed into the new district is not
a part of an existing district, at least 25 percent of the registered
voters residing in that territory shall sign the petition. Where the
petition is to form a new district by combining the territory of one
or more existing community college districts, at least 25 percent of
the registered voters residing in each affected existing district
shall sign the petition.
(b) A majority of the members of the governing board of each of
the community college districts and of each of the high school or
unified school districts located within the territory to be formed
into a new community college district.

74152. The provisions of Sections 74102 and 74103 shall apply to a
petition to form a new district.

74153. Within 30 days after the petition to form a new district is
filed, the county superintendent of schools shall examine the
petition, and, if the board of governors 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 of each component school district and
community college district affected by the proposed formation.
(b) The county superintendent and county committee of each county
which has jurisdiction over each component school district and
community college district affected.
(c) The board of governors.

74154. (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 of districts 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 on the following:
(1) Funding of each affected unified or high school and community
college district, including a determination of the level and sources
of local property or special taxes to be levied for general purposes
of the proposed new community college district.
In those instances where the new district is formed exclusively
within nondistrict territory, the property tax contribution to the
new 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 1977-78.
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) Property, obligations, and bonded indebtedness of the new
district.
(3) Racial or ethnic composition of the recipient district.
(4) Governing board of the new district.
(5) County district master plan.
(6) Any matter considered significant by the county committee.

74155. Within 90 days after affording the public an opportunity to
comment on the petition, the report, and the recommendations included
in the report, a county committee shall forward a copy of the
petition and the report to each affected governing board and the
board of governors for review.

74156. Each affected district governing board shall set a date for
a hearing on the petition, which shall be within 60 days of the
receipt of the petition forwarded pursuant to Section 74155, 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 affected district governing boards then
shall either approve or deny the petition. No new district shall be
formed unless a majority of the members of a majority of the affected
district governing boards sign a statement agreeing to all
conditions of the formation at the hearings. Upon completion of the
hearings, each affected school district governing board shall return
the petition, together with a notice of action, to the county
committee.

74157. The county committee may approve the petition only if all of
the following conditions are met:
(a) A majority of the affected district governing boards have
consented to all conditions of the formation by an agreement signed
by a majority of the members of each board.
(b) The county committee finds that:
(1) The formation will not result in any increased cost to the
state.
(2) The formation will not result in a reduction in state aid to
community college districts not party to the petition.
(3) The projected funding of the new district is adequate to meet
its needs as projected during the first five years of operation.
(4) The allocation of local property tax revenues has been
accurately determined and will be appropriately implemented.
(5) The formation will not significantly affect the racial or
ethnic composition of the districts affected.
(6) The formation will not decrease educational opportunities for
residents of the districts affected.

74158. 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.

74159. 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.