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Consideration by District Governing Board.   

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(a) The governing board of the district applying for exemption shall hold a public hearing to determine the basis for the district's application for exemption. This public hearing shall be held during a meeting of the district governing board and shall be noticed as a separate item on the agenda for the meeting as required by Education Code Section 72121 except that the notice required must be given at least 30 days prior to the meeting. The governing board shall give interested parties a reasonable opportunity to be heard. The governing board shall then determine whether expenditure of the required amount would have resulted in serious hardship to the district or in the payment of salaries of classroom instructors in excess of the salaries of classroom instructors paid by other districts of comparable type and functioning under comparable conditions.

(b) The district shall then, not later than December 1, or if the Chancellor has granted the district an extension in writing, not later than December 15, transmit the findings of the governing board to the Chancellor in a form and manner to be determined by the Chancellor. The final figures used by the Chancellor's Office as the basis for determining the degree of compliance with Education Code Section 84362 shall be those submitted by the district as of December 1, or if granted an extension, December 15.

(c) Failure to comply with the provisions of this Section shall void the district's application for exemption.

Authority cited:

Education Code 70901

Education Code 84362

Reference:

Education Code 84362

(Amended by Register 94, No. 38)