Territory Transfer Process

The County Committee will consider the nine conditions of Education Code 35753, which are as follows:

1. The new districts will both be adequate in terms of the numbers of pupils enrolled.

Where can I find enrollment information for each district? Enrollment information may be accessed on the California Department of Education’s DataQuest.

2. The districts are each organized on the basis of substantial community identity.

No single factor is likely to determine that community identity exists. The County Committee may study the following when determining whether community identity exists:

• • Similarity of architecture, size, and style of homes can create a sense of community identity. A homogenous
    housing development would likely generate a sense of community among the residents.
  • The usage patterns of parks and school facilities for recreation programs and sports activities for youth can indicate a community identity.
  • Traffic patterns and public transportation systems and routes may have an impact on community identity.
  • Geopolitical factors such as topography and city council, county supervisor, and special district electoral districts might also create a sense of community among the citizens of an area. Post office names and zip code areas also could contribute.
  • Neighborhood and regional shopping patterns are often well dened and play a part in the way people see themselves.

For additional information, review CCR, Title 5, Section 18573(a)(2).

3. The proposal will result in an equitable division of property and facilities of the original district or districts.

In reviewing the aspects of proposals dealing with school facilities, county committees are encouraged to request long-range facilities plans from the affected school districts. Those plans should include:

• • Demographic studies showing both current and projected student population data;
  • Development of “study area” maps showing census tracts, boundaries, current and proposed zoning, and current and projected residential and commercial/industrial development;
  • An evaluation and report of the utilization, capacity, and condition of existing school facilities; and
  • Development of a “comparison analysis” considering both existing and proposed divisions.

4. The reorganization of the districts will preserve each affected district’s ability to educate students in an integrated environment and will not promote racial or ethnic discrimination or segregation.

Local educational agencies have an obligation to prevent racial and ethnic segregation and to alleviate the harmful effects of segregation.

The following types of data are examples of relevant information that may be submitted in support of a petition:

• • District(s) enrollment statistics that specify the percentage of various ethnic groups
  • District(s) enrollment statistics that specify the percentages of the various ethnic groups in each individual school
  • District(s) enrollment statistics that specify the grade and ethnic group of students
  • Type of attendance area served by a school (rural, suburban, or urban)
  • Trends in the district(s) total population and percent distribution by race

Where can I find enrollment information by ethnicity for each district? This information is available at the CA Dataquest website.

5. Any increase in costs to the state as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization.

The following questions should be considered:

• • Would implementation of the transfer change one or more of the affected school districts’ basic aid status?
  • Would there be additional state costs for school facilities?
  • Would there be additional costs for state special or categorical aid programs if students transferring would
    qualify in the gaining district and not in the losing district?
  • Are the costs per student for special or categorical programs higher in the gaining district?
  • Would there be an effect on the districts’ home-to-school and special education transportation costs and
    state reimbursements?
  • Would there be increased costs resulting from additional schools becoming eligible for “necessary small school” funding pursuant to Education Code sections 42280 through 42289?

6. The proposed reorganization will continue to promote sound education performance and will not significantly disrupt the educational programs in the districts affected by the proposed
reorganization.

Please review CCR, Title 5, Section 18573(a)(5) for additional information.

7. Any increase in school facilities costs as a result of the proposed reorganization will be insignificant and otherwise incidental to the reorganization.

The County Committee will need to consider the availability of school facilities to house the pupils in the portion of the district being reorganized.

8. The proposed reorganization is primarily designed for purposes other than to significantly increase property values.

The County Committee will analyze the rationale given in the petition for the territory transfer to determine whether increased property values might be the primary reason for the petition. The County Committee may consult with the county tax assessor’s office or local real estate firms for advice on whether a territory transfer might have an impact on property values.

9. The proposed reorganization will continue to promote sound fiscal management and not cause a substantial negative effect on the fiscal status of the proposed district or any existing district affected by the proposed reorganization.

The County Committee will evaluate how the reorganization will affect the school district’s fiscal status for the current and succeeding years.