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Chapter 20. State Board of Education Procedures Subchapter 4. Procedures Relating to Hearings on Proposals and Petitions for the Reorganization of School Districts Criteria for Reorganization of School Districts   

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(a) The analysis of the proposal or petition by the California Department of Education shall state findings of fact and recommendations as to whether each district affected by the proposed reorganization substantially meets the following criteria and standards:

(1) It is the intent of the State Board that direct service districts not be created which will become more dependent upon county offices of education and state support unless unusual circumstances exist. Therefore, each district affected must be adequate in terms of numbers of pupils, in that:

(A) Each such district should have the following projected enrollment on the date that the proposal becomes effective or any new district becomes effective for all purposes:

Elementary District

901

High School District

301

Unified District

1,501

(B) The analysis shall state whether the projected enrollment of each affected district will increase or decline and the extent thereof.

(2) To determine whether the new district is organized on the basis of substantial community identity, the following criteria should be considered:

(A) Isolation.

(B) Geography.

(C) Distance between social centers.

(D) Distance between school centers.

(E) Topography.

(F) Weather.

(G) Community, school, and social ties and other circumstances peculiar to the area.

(3) To determine whether an equitable division of property and facilities will occur, the California Department of Education will determine which of the criteria authorized in Education Code Section 35736 shall be applied. It shall also ascertain that the affected districts and the county office of education are prepared to appoint the committee described in Education Code section 35565 to settle disputes arising from such division of property.

(4) To determine whether the new districts will promote racial or ethnic discrimination or segregation, the effects of the following factors will be considered:

(A) The current number and percentage of pupils in each racial and ethnic group in the affected districts and schools in the affected districts, compared with the number and percentage of pupils in each racial and ethnic group in the affected districts and schools in the affected districts if the proposal or petition were approved.

(B) The trends and rates of present and possible future growth or change in the total population in the districts affected, in each racial and ethnic group within the total district, and in each school, of the affected districts.

(C) The school board policies regarding methods of preventing racial and ethnic segregation in the affected districts and the effect of the proposal or petition on any desegregation plan or program of the affected districts, whether voluntary or court ordered, designed to prevent or to alleviate racial or ethnic discrimination or segregation.

(D) The effect of factors such as distance between schools and attendance centers, terrain, and geographic features that may involve safety hazards to pupils, capacity of schools, and related conditions or circumstances that may have an effect on the feasibility of integration of the affected schools.

(E) The effect of the proposal on the duty of the governing board of each of the affected districts to take steps, insofar as reasonably feasible, to alleviate segregation of minority pupils in schools regardless of its cause.

(5) The proposal or petition shall not significantly adversely affect the educational programs of districts affected by the proposal or petition. In analyzing the proposal or petition, the California Department of Education shall describe the districtwide programs, and the school site programs, in schools not a part of the proposal or petition that will be adversely affected by the proposal or petition.

(b) The Board may waive the criteria specified in subsections (a)(1) through (a)(5) of this section and may approve a proposal or petition or decide an appeal under Education Code section 35710.5 or 35711 if the Board determines circumstances with respect to the proposal, petition or appeal provide a sufficient exceptional situation.

NOTE

Authority cited:

Education Code 33031

Education Code 35712

Education Code 35750

Education Code 35768

Reference:

Education Code 35710.5

Education Code 35711

Education Code 35753

Crawford v. Board of Education (1976) 17 CAL.3d 280

NAACP v. San Bernardino City Unified School District (1976) 17 CAL.3d 311.

(Amended By Register 96, No. 13)