Section 35710.5 Of Article 1. Reorganization Of School Districts By The Electorate From California Education Code >> Division 3. >> Title 2. >> Part 21. >> Chapter 4. >> Article 1.
35710.5
. (a) An action by the county committee approving or
disapproving a petition pursuant to Section 35709, 35710, or 35710.1
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, 35706, 35709, or 35710. If an appeal is made as to the
issue of whether the proposed transfer will adversely affect the
racial or ethnic integration of the schools of the districts
affected, it shall be made pursuant to Section 35711.
(b) Within five days after the final action of the county
committee, 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 then, 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 board may
review the appeal either solely on the administrative record or in
conjunction with a public hearing. Following the review, the board
shall affirm or reverse the action of the county committee, and if
the petition will be sent to election, shall determine the territory
in which the election is to be held. The board may reverse or modify
the action of the county committee in any manner consistent with law.
(d) The decision of the board shall be sent to the county
committee which shall notify the county board of supervisors or the
county superintendent of schools pursuant to Section 35709, 35710, or
35710.1, as appropriate.