PART 46. DISTRICT REORGANIZATION OR FORMATION [74000. - 74296.]
Part 46 repealed and added by Stats. 1982, Ch. 1214, Sec. 5.
§§ 74000–74296 · 64 sections
CHAPTER 1. Legislative Intent and Definitions §§ 74000–74016 · 7 sections
ARTICLE 1. Legislative Intent and Purpose §§ 74000–74001 · 2 sections
- § 74000 The Legislature hereby declares as its policy that all of the territory of the state shall be included within a community college district, except that…
- § 74001 On and after January 1, 1983, the provisions of Article 1 (commencing with Section 4000) of Chapter 1 of Part 3 and Articles 2 and 3 (commencing with Section…
ARTICLE 2. Definitions §§ 74012–74016 · 5 sections
- § 74012 (a) “Component school district” means a high school or unified school district which is included within a community college district. (b) “Nondistrict…
- § 74013 “Former district” means a district which has been wholly included in another district. The boundaries of a former district are those of the district as it…
- § 74014 An “action to reorganize districts” means an action to transfer all or part of a district to another district, to annex nondistrict territory to a district, to…
- § 74015 “County committee” means the county committee on school district organization, organized and acting as provided for in Article 1 (commencing with Section 4000)…
- § 74016 “Affected districts” means any component school district or nondistrict territory within the territory to be transferred, annexed, or formed, or both, or any…
CHAPTER 2. Initiation of Petition and Local Review Procedures §§ 74100–74180 · 32 sections
ARTICLE 1. Transfer §§ 74100–74110 · 10 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Annexation §§ 74130–74140 · 11 sections
- § 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…
- § 74131 An action to annex nondistrict territory to an existing community college district is initiated upon the filing with the county superintendent of schools…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3. Formation §§ 74150–74159 · 10 sections
- § 74150 Provisions of this article shall apply only to petitions for the formation of a new community college district consisting of either nondistrict territory,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 4. Procedures for Districts Located Within Different Counties § 74180 · 1 section
- § 74180 Where an action to reorganize or form districts would affect territory which is located in more than one county, or which is under the jurisdiction of more…
CHAPTER 3. Review by State Agencies §§ 74201–74205 · 5 sections
- § 74201 (a) Any person who questions the findings of a county committee that a proposed transfer of territory will not adversely affect the racial or ethnic…
- § 74202 Upon receipt of an approved petition, the board of governors may make whatever inquiries or studies are necessary to validate information and recommendations…
- § 74203 The board of governors may return the petition for reorganization to the county committee for its reconsideration of information found to be incorrect in the…
- § 74204 At least 30 days prior to the date of the hearing, the board of governors shall announce the purpose of the proposal and the time and place of the hearing to…
- § 74205 After affording interested persons an opportunity to present their views on the proposal, the board of governors shall give notice of approval or disapproval…
CHAPTER 4. Elections and Board of Supervisors Procedures §§ 74230–74251 · 3 sections
ARTICLE 1. Elections § 74230 · 1 section
- § 74230 If approval is given pursuant to Section 74205 to a reorganization proposal which results in an increase in taxes levied on behalf of the districts involved or…
ARTICLE 2. Board of Supervisors Procedures §§ 74250–74251 · 2 sections
- § 74250 After the board of supervisors receives official notification that an action to reorganize districts has been approved as provided by law, the board of…
- § 74251 (a) An action to reorganize districts is complete when the board of supervisors makes the order pursuant to Section 74250. (b) After the expiration of one year…
CHAPTER 5. Miscellaneous §§ 74262–74296 · 17 sections
ARTICLE 1. Territory of Districts §§ 74262–74265.5 · 5 sections
- § 74262 On or after January 1, 1983, a district shall not be reorganized to include territory which is separated from other portions of the territory of the district.
- § 74263 Whenever territory is transferred or added by means of reorganization to another district in which trustee areas have been established, the territory being…
- § 74264 Territory within the boundaries of a city may not be withdrawn from a district governed by a board provided for in the charter of the city without the consent…
- § 74265 (a) (1) Notwithstanding any other provision of this part, an action to form a new community college district from a portion of an existing community college…
- § 74265.5 (a) Except as otherwise provided in this section, the disposition of records, funds, property, and obligations when a community college district is formed as…
ARTICLE 2. Personnel in Reorganized Districts § 74270 · 1 section
- § 74270 (a) The reorganization of any district or districts shall not affect the classification of academic employees already employed by any district affected. Those…
ARTICLE 3. Disposition of Records, Funds, Property, and Obligations When Reorganized §§ 74280–74284 · 3 sections
- § 74280 The agreement of transfer required by Section 74107 shall provide for the allocation of funds, property, and obligations affected by the transfer, except for…
- § 74281 If a dispute arises between the governing boards of the districts concerning the division of funds, property, or obligations, a board of arbitrators shall be…
- § 74284 Notwithstanding any provisions of this article, exchanges of property tax revenues between districts as a result of reorganization shall be determined pursuant…
ARTICLE 4. Bonded Indebtedness of Districts When Reorganized § 74290 · 1 section
- § 74290 (a) This article shall apply only to the reallocation of bonded indebtedness incurred prior to July 1, 1978. (b) When a district is reorganized, the liability…
ARTICLE 5. Continuing Services If Compton Community College Loses Accreditation §§ 74292–74296 · 7 sections
- § 74292 Notwithstanding any other provision of law, the following steps shall be taken to address the imminent risk that Compton Community College’s accreditation will…
- § 74292.5 Notwithstanding any other provision of law, so long as any bond issued pursuant to Section 63049.67 of the Government Code for the Compton Community College…
- § 74292.7 Cal Grant awards to students of the Compton Community College District shall not be adversely affected by this article.
- § 74293 Notwithstanding any other provision of law: (a) The partner district shall provide educational programs, as described in Section 74292, at the Compton…
- § 74295 Notwithstanding any other provision of law: (a) The Compton Community College District shall receive apportionment for courses provided at the Compton…
- § 74295.5 Notwithstanding any other law: (a) All of the following shall be applicable to a student who is enrolled at El Camino College Compton Center six months before…
- § 74296 Notwithstanding any other provision of law: (a) In any action in which a court finds that any provision of this article is unlawful, or in any action…