2005 California Education Code Sections 35800-35816 Districts

35800.  (a) This article establishes a program to facilitate the
unification of school districts and applies only to the unification
of school districts in Fresno County, Humboldt County, and Ventura
County if the county superintendent in those counties elects to be
governed by this article.  This article applies only to unification
petitions commenced on or after January 1, 2005.
   (b) Except as specified in this article, the provisions of Chapter
3 (commencing with Section 35500) and this chapter apply to the
program established by this article.
   (c) For purposes of this article, the following terms have the
following meanings:
   (1) "Petition" means a petition for the unification of school
districts.
   (2) "Unification" means the combination of one or more elementary
school districts with all or a portion of a high school district to
form a new unified school district as defined by Section 83.
35801.  (a) Whenever the boundaries of an elementary school district
and a high school district become coterminous, the districts are
merged into a new unified district.
   (b) Notwithstanding subdivision (a), an elementary school district
that has boundaries that are totally within a high school district
may be excluded from an action to unify those districts if the
governing board of the elementary school district receives approval
for an exclusion from the county committee.  Any elementary school
district authorized by the county committee to be excluded from an
action to unify, may continue to send pupils to attend a school of
the coterminous high school district under the same terms that
existed before any action to unify pursuant to subdivision (a).
   (c) A component district excluded from an action to unify pursuant
to subdivision (b) is deemed to be part of the territory proposed
for reorganization for the purpose of holding the unification
election and the election of the governing board of the new district.
35802.  (a) (1) The county committee may add to a petition any of
the appropriate provisions specified in Article 3 (commencing with
Section 35730) that are not included in the petition as filed and may
amend any such provision that was included in that petition.
   (2) The county committee shall add to the petition those
provisions as agreed to by the affected school districts and the
chief petitioners and as specified in Article 3 (commencing with
Section 35730).
   (b) At least 10 days before the public hearing, or hearings, on
the petition, the county committee shall make available to the public
and to the governing boards affected by the petition a description
of the petition, including all of the following:
   (1) The right of the employees in the affected districts to
continued employment.
   (2) The revenue limit per unit of average daily attendance for
each affected district and the effect of the petition, if approved,
on that revenue limit.
   (3) Whether the districts involved will be governed, in part, by
provisions of a city charter and, if so, in what way.
   (4) Whether the governing board of any proposed new district will
have five or seven members.
   (5) A description of the territory or districts in which the
election, if any, will be held.
   (6) Where the proposal is to create two or more districts, whether
the proposal will be voted on as a single proposition.
   (7) Whether the governing board of any new district will have
trustee areas and, if so, whether the trustees will be elected only
by the voters of that trustee area or by the voters of the entire
district.
   (8) A description of the manner in which the property,
obligations, and bonded indebtedness of the existing districts will
be divided.
   (9) A description of when the first governing board of the new
district will be elected and the manner in which the terms of office
for each new trustee will be determined.
35803.  Within 120 days of the commencement of the first public
hearing on the petition, the county committee shall approve or
disapprove a petition, as the petition may be augmented.
35804.  The county committee shall determine whether any of the
following, in the opinion of the committee, would be true regarding
the proposed unification as described in the petition:
   (a) It would adversely affect the school district organization of
the county.
   (b) It would comply with the provisions of Section 35812.
35805.  If the county committee finds that the conditions enumerated
in paragraphs (1) to (10), inclusive, of subdivision (a) of Section
35812 are substantially met or that the petition presents exceptional
circumstances sufficient to otherwise justify approval of the
petition, the county committee may approve the petition and shall so
notify the county superintendent of schools.
35806.  (a) If the county committee finds that the petition meets
the conditions of Section 35805 and approves the petition, the county
committee shall so notify the county superintendent of schools who
shall call an election in the territory of the districts as
determined by the county committee and in the manner described in
Part 4 (commencing with Section 5000) to be conducted at the next
election pursuant to Section 1000 of the Elections Code.  The county
superintendent of schools shall not issue an order of election until
after the time period for an appeal pursuant to subdivision (b) of
Section 35807 has elapsed.  The opportunity for appeal shall commence
on the date the county committee gives notice to the county
superintendent of schools.
   (b) A county committee considering the approval of a petition, or
reconsidering its recommendation on a petition not yet approved or
disapproved by the State Board of Education, that finds that a
condition of Section 35812 is not substantially met, shall determine
whether the petition presents exceptional circumstances sufficient to
justify approval of the petition and shall add to the petition the
provisions specified in Article 3 (commencing with Section 35730)
that the affected school districts and the chief petitioners agree
upon or that the county committee deems appropriate.
   (c) If a dispute arises, the county committee may require
arbitration pursuant to Section 35565.
35806.5.  For a petition considered or reconsidered by a county
committee pursuant to Sections 35805 and 35806, the county committee
shall be designated the lead agency for the California Environmental
Quality Act as defined in Section 21067 of the Public Resources Code.
35807.  (a) An action by the county committee approving or
disapproving a petition pursuant to Sections 35805 and 35806 may be
appealed to the State Board of Education by the chief petitioners or
one or more affected school districts.  The appeal shall be limited
to issues of noncompliance with the provisions of Section 35705,
35802, 35803, 35805, or 35806.  If an appeal is made as to the
territory for the election specified by the county committee or as to
the issue of whether the proposed unification substantially meets
paragraph (4) of subdivision (a) of Section 35812 or violates Section
35734, it shall be made pursuant to Section 35711.
   (b) Within five days after the county committee notifies the
county superintendent of schools of its final action, the appellant
shall file with the county committee a notice of appeal and shall
provide a copy to the county superintendent of schools, except that
if the appellant is one of the affected school districts it shall
have 30 days to file the notice of appeal with the county committee
and provide a copy to the county superintendent.  Upon the filing of
the notice of appeal, the action of the county committee shall be
stayed, pending the outcome of the appeal.  Within 15 days after the
filing of the notice of appeal, the appellant shall file with the
county committee a statement of reasons and factual evidence.  The
county committee shall, within 15 days of receipt of the statement,
send to the State Board of Education the statement and the complete
administrative record of the county committee proceedings, including
minutes of the oral proceedings.
   (c) Upon receipt of the appeal, the State Board of Education may
elect either to review the appeal, or to ratify the county committee'
s decision by summarily denying review of the appeal.  The state
board may review the appeal either solely on the administrative
record or in conjunction with a public hearing.  The state board may,
in its discretion, limit review only to the issues raised in the
notice of appeal or may review other determinations by the county
committee as it deems appropriate.  If the state board elects to
review the appeal pursuant to this section or Section 35711, the
board shall issue a decision as expeditiously as possible after
receipt of the appeal.  Following the review, the state board shall
affirm or reverse the action of the county committee and shall
determine the territory within which the election is to be held.  The
state board may reverse or modify the action of the county committee
in any manner consistent with law.
   (d) If the State Board of Education approves an appeal pursuant to
this section or Section 35711, the secretary of the state board
shall give notice of the approval to the county committee which shall
notify the county superintendent of schools pursuant to Section
35806.
35808.  The county superintendent of schools, within 35 days after
receiving the notification provided by Section 35806 or 35807, shall
call an election, in the manner prescribed in Part 4 (commencing with
Section 5000), to be conducted at the next election pursuant to
Section 1000 of the Elections Code, in the territory of districts as
determined by the county committee on school district organization,
or, in the case of unifications appealed to the State Board of
Education pursuant to subdivision (c) of Section 35807, as determined
by the State Board of Education.  The county superintendent shall
not issue an order of election until after the time for an appeal
pursuant to subdivision (b) of Section 35807 or Section 35711 has
elapsed.
35809.  Following the public hearing, or last public hearing,
required by Section 35720.5 or subdivision (c) of Section 35721, the
county committee shall approve the petition, transmit it to the State
Board of Education, and order that an election be held if the
requirements of Sections 35805 and 35806 are satisfied.
35810.  The State Board of Education shall establish minimum
standards that it or a county committee shall apply in approving or
disapproving petitions and that the state board shall apply to
hearing appeals heard pursuant to Section 35807.
35811.  If the State Board of Education hears an appeal pursuant to
Section 35807, each county superintendent of schools and every other
county officer in the counties affected, and the district
superintendent of the school districts affected shall provide the
statistical information required by the department to prepare the
appeal.
35812.  (a) The county committee, or the State Board of Education
for petitions on appeal, may approve a petition if the county
committee or board determines with respect to the petition and the
resulting district, that all of the following conditions are
substantially met:
   (1) The new district will be adequate in terms of number of pupils
enrolled.
   (2) The district is organized on the basis of a substantial
community identity.
   (3) The proposal will result in an equitable division of property
and facilities of the original district or districts.
   (4) The unification of the districts will not promote racial or
ethnic discrimination or segregation.
   (5) The proposed unification will not result in any substantial
increase in costs to the state.
   (6) The proposed unification will not significantly disrupt the
educational programs in the proposed district and the districts
affected by the proposed unification and will continue to promote
sound education performance in those districts.
   (7) The proposed unification will not result in a significant
increase in school housing costs.
   (8) The proposed unification is not primarily designed to result
in a significant increase in property values causing financial
advantage to property owners.
   (9) The proposed unification will not cause a substantial negative
effect on the fiscal management or fiscal status of the proposed
district or any existing district affected by the proposed
unification.
   (10) Any other criteria as the state board may, by regulation,
prescribe.
   (b) The county committee, or the State Board of Education for
petitions on appeal, may approve a petition if the county committee
or board determines that it is not practical or possible to apply the
criteria of this section literally, and that the circumstances with
respect to the petition provide an exceptional situation sufficient
to justify approval of the proposals.
35813.  After affording interested persons an opportunity to present
their views on the appeal and after considering any findings and
recommendations of the State Superintendent of Public Instruction,
the State Board of Education shall approve or disapprove the
formation of the proposed new district.  If the board approves the
formation, it may amend or include in the proposal any of the
appropriate provisions of Article 3 (commencing with Section 35730).
35814.  After the State Board of Education approves a petition on
appeal, the Secretary of the State Board of Education shall give
notice of the approval to the county superintendent of schools having
jurisdiction over any of the districts whose boundaries or status
would be affected by the unification as proposed.
35815.  The county superintendent of schools, within 35 days after
receiving the notification provided by Section 35814, shall call an
election, in the manner prescribed in Part 4 (commencing with Section
5000), to be conducted at the next available election date pursuant
to Section 1000 of the Elections Code.
35816.  This article shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.