2007 California Education Code Article 5. Lapsation

CA Codes (edc:35780-35785)

35780.  (a) Any school district which has been organized for more
than three years shall be lapsed as provided in this article if the
number of registered electors in the district is less than six or if
the average daily attendance of pupils in the school or schools
maintained by the district is less than six in grades 1 through 8 or
is less than 11 in grades 9 through 12, except that for any unified
district which has established and continues to operate at least one
senior high school, the board of supervisors shall defer the
lapsation of the district for one year upon a written request of the
governing board of the district and written concurrence of the county
committee.  The board of supervisors shall make no more than three
such deferments.
   (b) For a newly organized school district that has been unable to
provide the school facilities necessary for instructional services by
employees of the district to all of the pupils who are residents of
the district after five years from the date that the reorganization
became effective, the county committee on school district
organization, upon direction from the State Board of Education, shall
initiate lapsation procedures pursuant to Section 35783 or revert
the reorganized district to its original status.
   (c) A school district may also be lapsed when there are no school
facilities or sites on which to maintain any school in the district.



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 2000) of Chapter 7 of Part 2,
shall be deemed for the purposes of this article to be in high
schools established and maintained by the unified district.



35782.  Within 30 days after the close of each school year, the
county committee shall conduct a public hearing on the issues
specified in Section 35780.  Notice of the public hearing shall be
given at least 10 days in advance thereof to each member of the
governing board of the lapsed district immediately prior to its
lapsation, to each of the governing boards which adjoin the lapsed
district, and to the high school district of which the lapsed
elementary district is a component.



35783.  After the hearing, the county committee shall order the
territory annexed to one or more adjoining districts as seems to the
county committee to be in the best interest of the adjoining
districts and the residents of the lapsed district.




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, property, and obligations of the
lapsed district as it deems most equitable in the circumstances.  If
no division is provided for by the committee, the general provisions
of Article 7 (commencing with Section 35560) of Chapter 3 shall apply
to the division of funds, property, and obligations of the lapsed
district.



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 to the State Board of Education.