AB 1147: School districts: reorganization: State Department of Education approval process.

Existing law provides that an action to reorganize school districts means either an action to form a new school district, as provided, or an action to transfer territory, including the transfer of all or part of an existing school district to another school district.

Existing law requires an action to reorganize one or more school districts to be initiated upon the filing of a petition, signed by any of 4 specified groups, with the county superintendent of schools. Existing law requires the county superintendent of schools, within 30 days, to examine the petition and, if they find it to be sufficient and signed as required by law, to transmit the petition simultaneously to the county committee on school district organization and to the State Board of Education. Existing law requires the county committee, within 60 days, to hold one or more public hearings, as specified, and within 120 days of the first public hearing, to approve or disapprove the petition for the transfer of territory, as provided. If the county committee approves the petition, existing law requires the county commission to notify the county superintendent of schools and existing law requires the county superintendent of schools to call an election in the territory of the affected districts, except, in certain circumstances, the petition takes effect upon notification to the board of supervisors of the county without an election, as provided.

Existing law requires the state board to establish minimum standards for it to apply in approving or disapproving petitions and proposals for the formation or reorganization of school districts, and authorizes the state board to approve a reorganization proposal if the state board has determined, with respect to the proposal and the resulting school districts, that specified conditions are substantially met. Existing law requires the secretary of the state board to give notice of the approval to the appropriate county superintendent of schools, and requires the county superintendent of schools, within 35 days, to call an election, as specified.

This bill, separate from the reorganization provisions described above, would authorize the State Department of Education to transfer territory from one school district to another school district if (1) at least 95% of a city is contained within the boundaries of a single school district, (2) there are no school facilities located within the territory being transferred, and (3) the city council has voted by a majority vote to petition the department have all of the territory within its city boundaries to be contained within a single school district. The bill would authorize the department to approve a territory transfer agreement between the impacted school districts and the city and to establish limited and temporary financial remuneration requirements that must be paid, by either the acquiring school district or the city petitioning the department, to the school district that is relinquishing territory, as specified. The bill would require the department to develop regulations for these purposes. To the extent the bill would impose additional duties on a school district relinquishing territory, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.