CHAPTER 4. Reorganization of School Districts [35700. - 35787.]

Chapter 4 added by Stats. 1980, Ch. 1192, Sec. 3.

§§ 35700–35787 · 80 sections

1. ARTICLE 1. Reorganization of School Districts by the Electorate §§ 35700–35712 · 22 sections

   • § 35700 An action to reorganize one or more districts is initiated upon the filing, with the county superintendent of schools, of a petition to reorganize one or more…
   • § 35700.1 (a) A county superintendent of schools may do any of the following, as necessary, with respect to the reorganization of school districts within the…
   • § 35700.3 A petition filed under Section 35700 shall be required to reasonably identify the territory to be reorganized, which identification may include references to…
   • § 35700.5 Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the…
   • § 35701 In any petition to reorganize school districts there shall be designated no more than three of the petitioners as chief petitioners for the purpose of…
   • § 35702 The persons securing the signatures to a petition of electors to reorganize school districts shall attach thereto an affidavit that all persons who signed the…
   • § 35703 Any petition filed under this article may include any of the appropriate provisions specified in Article 3 (commencing with Section 35730).
   • § 35704 The county superintendent of schools, within 30 days after any petition for reorganization is filed, shall examine the petition and, if he or she finds it to…
   • § 35705 Within 60 days after receipt of the petition, the county committee shall hold one or more public hearings thereon at a regular or special meeting in each of…
   • § 35705.5 (a) The county committee may add to the petition any of the appropriate provisions specified in Article 3 (commencing with Section 35730) that were not…
   • § 35706 (a) Within 120 days of the commencement of the first public hearing on the petition, the county committee shall recommend approval or disapproval of a petition…
   • § 35706.5 (a) No action to reorganize a school district shall be initiated or completed without the consent of a majority of all of the members of the governing board of…
   • § 35707 (a) Except for petitions for the transfer of territory, the county committee shall expeditiously transmit the petition to the State Board of Education together…
   • § 35708 Except for a petition to form one or more new districts approved pursuant to subdivision (b) of Section 35710, a petition transmitted pursuant to Section…
   • § 35709 If the following conditions are met, the county committee may approve the petition and order that the petition be granted, and shall so notify the county board…
   • § 35710 (a) For all other petitions to transfer territory, if the county committee finds that the conditions enumerated in paragraphs (1) to (10), inclusive, of…
   • § 35710.1 Notwithstanding any other provision of law, an election may not be called to vote on a petition to transfer territory if the election area for that petition,…
   • § 35710.3 A county committee shall be the lead agency, as defined in Section 21067 of the Public Resources Code, for purposes of the California Environmental Quality Act…
   • § 35710.5 (a) (1) An action by the county committee approving a petition pursuant to Section 35709, 35710, 35710.1, or paragraph (2) or (3) of subdivision (a) of Section…
   • § 35710.51 (a) The county superintendent of schools, within 35 days after receiving the notification provided by Section 35710, shall call an election, in the manner…
   • § 35711 (a) A person questioning the finding of the county committee pursuant to Section 35709, 35710, or paragraph (2) or (3) of subdivision (a) of Section 35722 that…
   • § 35712 The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary.
2. ARTICLE 2. County Committee on School District Organization Plans and Recommendations for District Reorganization §§ 35720–35724 · 7 sections

   • § 35720 Each county committee on school district organization shall, under the direction of the State Board of Education, formulate plans and recommendations for the…
   • § 35720.5 (a) The county committee shall adopt a tentative recommendation following which action it shall hold one or more public hearings in the area proposed for…
   • § 35721 (a) On receipt of a petition signed by at least 10 percent of the qualified electors residing in any district for a consideration of unification or other…
   • § 35721.5 Before initiating proceedings to consider any reorganization plan, the county committee on school district organization shall provide written notice of the…
   • § 35722 (a) Following the public hearing, or the last public hearing, required by Section 35720.5 or subdivision (d) of Section 35721, the county committee may adopt a…
   • § 35723 When a county committee selects an area for study for possible recommendation for reorganization which includes territory of one or more school districts under…
   • § 35724 If plans and recommendations adopted by a county committee propose changes in the boundaries or status of school districts under the jurisdiction of the…
3. ARTICLE 3. Contents of Plans and Recommendations §§ 35730–35738 · 21 sections

   • § 35730 The plans and recommendations, in connection with the proposed formation of a new unified school district to include within its boundaries a chartered city,…
   • § 35730.1 Any reorganization of a school district with more than 500,000 pupils in average daily attendance shall require that each new district created meets the…
   • § 35731 In any proposal for unification, plans and recommendations may include a provision for a governing board of seven members. In the absence of such a provision,…
   • § 35732 Plans and recommendations may include a provision specifying the territory in which the election to reorganize the school districts will be held. In the…
   • § 35733 Whenever the recommendation is to divide the entire territory of an existing school district into two or more separate school districts, the recommendation may…
   • § 35734 The plans and recommendations may include a provision for trustee areas that provide for representation in accordance with population and geographic factors of…
   • § 35735 (a) Each proposal for the reorganization of school districts shall include a computation of the local control funding formula entitlement determined pursuant…
   • § 35735.1 For purposes of paragraph (5) of subdivision (b) of Section 42238.02, reorganized districts shall have their percentages of unduplicated pupils calculated as…
   • § 35735.2 For purposes of subdivisions (g) and (h) of Section 42238.02, paragraph (2) of subdivision (a) of Section 42238.03, and subdivision (e) of Section 42238.03,…
   • § 35735.3 (a) A new or acquiring district shall receive an economic recovery target payment pursuant to paragraph (2) of subdivision (d) of Section 42238.025 that is…
   • § 35735.4 For purposes of subdivision (d) of Section 42238.03, a reorganized district shall be deemed to have a zero difference in the prior fiscal year if one of the…
   • § 35735.5 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of…
   • § 35735.6 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of…
   • § 35735.7 For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of Section…
   • § 35735.8 (a) For a new or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b) of…
   • § 35735.9 (a) For a new district or acquiring district that has reorganized pursuant to paragraph (1), (2), or (3) of subdivision (a) of Section 35511 or subdivision (b)…
   • § 35735.10 For the purpose of determining funding pursuant to subparagraph (D) of paragraph (1) of subdivision (e) of Section 42238.03, the following shall apply to…
   • § 35736 Plans and recommendations may include a proposal for dividing the property, other than real property, and obligations of any school district proposed to be…
   • § 35736.5 Sections 35735 to 35736, inclusive, shall only apply to actions to reorganize school districts for which the order to reorganize, pursuant to Section 35765, is…
   • § 35737 Plans and recommendations may include a provision specifying that the election for the first governing board will be held at the same time as the election on…
   • § 35738 Plans and recommendations may include a method of dividing the bonded indebtedness other than the method specified in paragraphs (1) and (2) of subdivision (b)…
4. ARTICLE 3.5. Fiscal Actions of Newly Organized or Reorganized School Districts § 35740 · 1 section

   • § 35740 In addition to satisfying the requirements of subdivision (j) of Section 42127.6, upon the approval of a petition for reorganization and continuing after the…
5. ARTICLE 4. Approval and Adoption of Plans and Recommendations §§ 35750–35768 · 20 sections

   • § 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…
   • § 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,…
   • § 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…
   • § 35753 (a) The state board may approve proposals for the reorganization of school districts, if the state board has determined, with respect to the proposal and the…
   • § 35754 After affording interested persons an opportunity to present their views on the petition to reorganize school districts, and after hearing any findings and…
   • § 35755 After the state board has approved the plans and recommendations for the unification or other reorganization of the school districts in any area, including…
   • § 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…
   • § 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…
   • § 35757 The county superintendent of schools shall prepare a statement of official information and statistics relating to the proposed reorganization that shall…
   • § 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…
   • § 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…
   • § 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…
   • § 35761 Every qualified elector residing within the territory in which the election is called shall be eligible to vote at such election.
   • § 35762 (a) 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 35768 The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary.
6. ARTICLE 5. Lapsation §§ 35780–35787 · 9 sections

   • § 35780 (a) A school district that has been organized for more than three years shall be lapsed as provided in this article if the number of registered electors in the…
   • § 35780.1 For purposes of this article, the following terms have the following meanings: (a) “Lapse” means dissolving a school district and annexing the entire territory…
   • § 35781 The attendance of pupils residing in a unified district in high schools in an adjoining state pursuant to Section 44618 or Article 1 (commencing with Section…
   • § 35782 Within 45 days before the close of each school year, the county committee shall conduct a public hearing on the issues specified in Section 35780. Notice of…
   • § 35783 After the hearing, and at least 30 days before the end of the school year, the county committee shall order the territory annexed to one or more adjoining…
   • § 35784 If the county committee orders the territory of a lapsed district annexed to more than one adjoining district, it may provide for such a division of the funds,…
   • § 35785 Following the order of the county committee, the county superintendent of schools shall give notice of the board action to the county board of supervisors and…
   • § 35786 An order of a county committee attaching the territory of a lapsed school district to one or more adjoining school districts shall be effective for all…
   • § 35787 Except as otherwise provided in this article, an action to lapse a school district is subject to the provisions of Chapter 3 (commencing with Section 35500),…