Added by Stats. 1980, Ch. 1192, Sec. 3.
The State Board of Education shall establish minimum standards which it shall apply in approving or disapproving petitions and proposals for the formation or reorganization of school districts.
California Education Code — §§ 35750-35768
Added by Stats. 1980, Ch. 1192, Sec. 3.
The State Board of Education shall establish minimum standards which it shall apply in approving or disapproving petitions and proposals for the formation or reorganization of school districts.
Added by Stats. 1980, Ch. 1192, Sec. 3.
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, 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 of Education to complete the study.
Amended by Stats. 2006, Ch. 730, Sec. 8.5. Effective January 1, 2007.
Amended by Stats. 2016, Ch. 186, Sec. 31. (AB 2659) Effective January 1, 2017.
proposed reorganization is primarily designed for purposes other than to significantly increase property values.
Amended by Stats. 2016, Ch. 186, Sec. 32. (AB 2659) Effective January 1, 2017.
After affording interested persons an opportunity to present their views on the petition to reorganize school districts, and after hearing any findings and recommendations of the Superintendent, the state board shall approve or disapprove the petition. If the state board approves the petition, it may amend or include in the proposal any of the appropriate provisions of Article 3 (commencing with Section 35730).
Amended by Stats. 2016, Ch. 186, Sec. 33. (AB 2659) Effective January 1, 2017.
After the state board has approved the plans and recommendations for the unification or other reorganization of the school districts in any area, including approval through affirmation or reversal of the action of a county committee, the secretary of the state board shall give notice of the approval to the county superintendent of schools having jurisdiction over any of the school districts whose boundaries or status would be affected by the reorganization as proposed.
Amended by Stats. 2022, Ch. 301, Sec. 7. (SB 1057) Effective January 1, 2023.
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 next election of any kind in the territory of districts as determined by the state board, in accordance with either of the following:
Amended by Stats. 1987, Ch. 917, Sec. 10.
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 affected with an average daily attendance of 900 or less, the territory in which the election is held shall include the entire territory of the districts opposing the transfer. Each district with an average daily attendance of 900 or less which is included in an election because of the objection of its governing board to the transfer shall bear the additional cost of holding the election in that portion of its territory not otherwise included in the election. When a majority of the votes cast in the school district opposing the transfer and a majority of the votes cast in the entire territory in which the election is held are in favor of the reorganization, the proposal carries.
Amended by Stats. 2015, Ch. 19, Sec. 31. (SB 78) Effective June 24, 2015.
The county superintendent of schools shall prepare a statement of official information and statistics relating to the proposed reorganization that shall include, but is not limited to, the plans and recommendations, the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, per pupil, the rate of growth, the expected enrollment, and the support from the state that can be expected if such area maintains an adequate school program. Such statistics shall be based upon the school year last completed before the date of the election.
Added by Stats. 1980, Ch. 1192, Sec. 3.
The county superintendent of schools calling the election shall cause to be prepared and distributed a statement setting forth arguments for and against the recommendations. The argument shall not exceed 500 words. The argument in favor of the recommendation shall be prepared by the president of the county board or by a proponent of the recommendations designated by the president. The arguments against the recommendations shall be prepared by a member of the county board who voted against the recommendations, or, if there be none, by an elector designated by the county superintendent of schools who has appeared before the board or at a public hearing in opposition to the recommendation.
Amended by Stats. 2016, Ch. 186, Sec. 34. (AB 2659) Effective January 1, 2017.
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 board, and the cost of any election held pursuant to this article shall be a charge against the general fund of the county. If the proposed reorganized district is situated in more than one county, the cost of the election shall be prorated against each county in the same proportion as the assessed valuation of the territory of the proposed reorganized district lying in that county bears to the total assessed valuation of the proposed reorganized districts.
Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.
Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.
Every qualified elector residing within the territory in which the election is called shall be eligible to vote at such election.
Amended by Stats. 2025, Ch. 303, Sec. 9. (AB 1512) Effective January 1, 2026.
printed word “No,” the voter’s vote shall be counted against its adoption.
Amended by Stats. 2007, Ch. 508, Sec. 1. Effective January 1, 2008.
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 the vote by mail ballots, and notify the Superintendent of Public Instruction, the board of supervisors and the governing board of each affected school district of the number of votes cast for, and the number of votes cast against, the reorganization of school districts in each school district and also the total number of votes cast for, and the total number of votes cast against, the reorganization of school districts.
Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.
When a majority of all the votes cast are cast in favor of the reorganization or other proposal, the proposal carries.
Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.
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 been approved as provided by law, the board of supervisors shall make an order to create, change, or terminate school districts as may be required by the action and establish or reestablish the boundaries of the districts affected by the action. The order shall be entered in the county’s record of school districts.
If the action results in the creation of a district or a change of district boundaries of the type described in Section 54900 of the Government Code, the order of the board of supervisors shall include the legal description of each district created or changed in the action and, immediately after making the order, the board of supervisors shall cause a copy of the order and a map or plat indicating the boundaries established or reestablished for each district affected by the order to be filed as required by Chapter 8 (commencing with Section 54900) of Part 1 of Division 2, Title 5 of the Government Code.
Repealed and added by Stats. 1980, Ch. 1192, Sec. 3.
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 boundaries legally changed, as the case may be, and no suit shall be maintained which questions the validity of the organization or change of boundaries.
Added by renumbering Section 35104 by Stats. 1987, Ch. 1452, Sec. 191.
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 county superintendent of schools having jurisdiction may consolidate the election for the purpose of electing the governing board of a unified school district proposed to be formed under Chapter 2 (commencing with Section 4200) of Part 3 with the election held for adopting or rejecting the plans and recommendations for the formation of a new district. The election shall be called, held, and conducted pursuant to Article 1 (commencing with Section 5000) of Chapter 1 of Part 4, Chapter 3 (commencing with Section 5300) of Part 4, and Article 1 (commencing with Section 35100) of Chapter 2 of Part 21, except that the question of formation of a unified school district and any other proposition to be voted upon shall appear on the ballot before the list of candidates for election to the governing board of the proposed unified district.
Added by Stats. 1990, Ch. 1658, Sec. 9.
The State Board of Education may adopt rules and regulations for the implementation of this article, as it deems necessary.