School districts: reorganization: formation of new school districts.

(1) Existing law establishes procedural requirements for the reorganization of school districts. Existing law provides that an action to reorganize one or more school districts may be initiated upon the filing of a petition with the county superintendent of schools by a specified percentage or number of registered voters residing within the territory proposed to be reorganized, by the owner of the property if the territory is uninhabited, or by a majority of the members of the governing boards of each school district that would be affected by the proposed reorganization. Notwithstanding those provisions, this bill would establish separate procedural requirements for an action to form a new school district within the boundaries of a single school district within a single county. The bill would authorize an action to be initiated by a petition signed by at least 10% of the number of qualified electors who voted in the last gubernatorial election and who reside within the boundaries of the proposed school district, or by resolution of a local agency, as defined, approved by a majority of its members. Upon receipt of a petition or resolution proposal, the bill would require the county board of education to hold a public hearing, as specified. If a petition or proposal is granted, the bill would require the county superintendent of schools to call an election of registered voters within the boundaries of the proposed school district, as specified. By imposing additional duties on county boards of education and county superintendents of schools, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.