Cal. Ed. Code § 35710

Current through the 2023 Legislative Session.
Section 35710 - Approval of petition to transfer territory and election; approval or disapproval of petition to form district or districts
(a) For all other petitions to transfer territory, if the county committee finds that the conditions enumerated in paragraphs (1) to (10), inclusive, of subdivision (a) of Section 35753 substantially are met, the county committee may approve the petition. If the petition is approved, the county committee shall notify the county superintendent of schools, who shall call an election in the territory of the affected districts, as determined by the county committee, to be conducted at the next election of any kind, in accordance with one of the following:
(1) Section 1002 of the Elections Code and Part 4 (commencing with Section 5000) of Division 1 of Title 1 of this code.
(2) Division 4 (commencing with Section 4000) of the Elections Code.
(b) A county committee also may approve a petition to form one or more new districts if the requirements of subdivision (a), and the following conditions, are met:
(1) Each county superintendent of schools with jurisdiction over an affected district elects to grant approval authority to the county committee on school district organization for which he or she is secretary pursuant to Section 4012, and that county committee chooses to accept that authority.
(2) The governing board of each of the affected districts consents to the petition.
(3) The secretary of the county committee designated as the lead agency pursuant to Section 35710.3 enters into an agreement on behalf of the county committee for any or all affected districts to share among those districts the costs of complying with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(c) A petition to form one or more new districts that meets the conditions described in subdivision (b), but is not approved by the county committee, shall be transmitted to the state board pursuant to subdivision (a) of Section 35707 and heard by the state board pursuant to Section 35708 . The state board, rather than the county committee, shall be the lead agency, as defined in Section 21067 of the Public Resources Code, for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for each petition transmitted pursuant to this subdivision, including a petition disapproved by the county committee after determining the project is exempt from the California Environmental Quality Act pursuant to paragraph (5) of subdivision (b) of Section 21080 of the Public Resources Code.

Ca. Educ. Code § 35710

Amended by Stats 2017 ch 561 (AB 1516),s 30, eff. 1/1/2018.
Amended by Stats 2016 ch 186 (AB 2659),s 26, eff. 1/1/2017.
Amended by Stats 2009 ch 314 (AB 174),s 5, eff. 1/1/2010.
Amended by Stats 2006 ch 730 (AB 1967),s 7, eff. 1/1/2007.
Amended by Stats 2005 ch 344 (AB 1642),s 6, eff. 1/1/2006