Article 3. Formation of California Education Code >> Division 7. >> Title 3. >> Part 46. >> Chapter 2. >> Article 3.

Provisions of this article shall apply only to petitions for the formation of a new community college district consisting of either nondistrict territory, territory of one or more existing community college districts, or a combination of nondistrict territory and the territory of one or more existing community college districts subject to the provisions of Section 74000.

An action to form a new community college district is initiated upon the filing of a petition with the county superintendent of schools having jurisdiction. A petition to form a new community college district shall be signed by one of the following:
  (a) Where the territory to be formed into the new district is not a part of an existing district, at least 25 percent of the registered voters residing in that territory shall sign the petition. Where the petition is to form a new district by combining the territory of one or more existing community college districts, at least 25 percent of the registered voters residing in each affected existing district shall sign the petition.
  (b) A majority of the members of the governing board of each of the community college districts and of each of the high school or unified school districts located within the territory to be formed into a new community college district.

The provisions of Sections 74102 and 74103 shall apply to a petition to form a new district.

Within 30 days after the petition to form a new district is filed, the county superintendent of schools shall examine the petition, and, if the board of governors finds it to be sufficient and signed as required by law, shall transmit the petition simultaneously to each of the following:
  (a) The governing board of each component school district and community college district affected by the proposed formation.
  (b) The county superintendent and county committee of each county which has jurisdiction over each component school district and community college district affected.
  (c) The board of governors.

(a) The county committee may add to the petition any appropriate provisions which were not included in the petition as filed and may amend any provision which was so included.
  (b) At least 10 days before the public hearing on the petition, the county committee shall make available to the public, to the governing boards of districts affected by the petition, and to the board of governors a description of the petition and a report which includes a description or analysis of the impact of the proposed change on the following:
  (1) Funding of each affected unified or high school and community college district, including a determination of the level and sources of local property or special taxes to be levied for general purposes of the proposed new community college district. In those instances where the new district is formed exclusively within nondistrict territory, the property tax contribution to the new district shall not be less than the proportion that the tax levied in the 1977-78 fiscal year in the territory affected pursuant to former Chapter 8 (commencing with Section 2100) of Part 2 bore to the total property tax levied in that territory in 1977-78. Alternative sources of local tax contribution to the recipient district, as may be permitted by law, shall be included in the committee's report.
  (2) Property, obligations, and bonded indebtedness of the new district.
  (3) Racial or ethnic composition of the recipient district.
  (4) Governing board of the new district.
  (5) County district master plan.
  (6) Any matter considered significant by the county committee.

Within 90 days after affording the public an opportunity to comment on the petition, the report, and the recommendations included in the report, a county committee shall forward a copy of the petition and the report to each affected governing board and the board of governors for review.

Each affected district governing board shall set a date for a hearing on the petition, which shall be within 60 days of the receipt of the petition forwarded pursuant to Section 74155, and the county superintendent shall notify the chief petitioners of the times and places of the hearings, where appropriate. At the hearings, interested persons shall be given an opportunity to present their views on the petition. The affected district governing boards then shall either approve or deny the petition. No new district shall be formed unless a majority of the members of a majority of the affected district governing boards sign a statement agreeing to all conditions of the formation at the hearings. Upon completion of the hearings, each affected school district governing board shall return the petition, together with a notice of action, to the county committee.

The county committee may approve the petition only if all of the following conditions are met:
  (a) A majority of the affected district governing boards have consented to all conditions of the formation by an agreement signed by a majority of the members of each board.
  (b) The county committee finds that:
  (1) The formation will not result in any increased cost to the state.
  (2) The formation will not result in a reduction in state aid to community college districts not party to the petition.
  (3) The projected funding of the new district is adequate to meet its needs as projected during the first five years of operation.
  (4) The allocation of local property tax revenues has been accurately determined and will be appropriately implemented.
  (5) The formation will not significantly affect the racial or ethnic composition of the districts affected.
  (6) The formation will not decrease educational opportunities for residents of the districts affected.

Whenever a county committee approves a petition, within 10 days it shall transmit a copy of the approved petition, together with any related information or recommendations, to the Board of Governors of the California Community Colleges for review.

Whenever a county committee rejects a petition, it shall notify the chief petitioners and the board of governors of its action and provide in writing the basis for rejection. The county committee need not accept a new petition on the same territory filed within 12 months of its decision.