§ 18573. Criteria for Reorganization of School Districts.
5 CA ADC § 18573Barclays Official California Code of Regulations
5 CCR § 18573
§ 18573. Criteria for Reorganization of School Districts.
Elementary District | 901 | ||
High School District | 301 | ||
Unified District | 1,501 |
(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.
(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.
(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.
(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.
Credits
Note: Authority cited: Sections 33031, 35712, 35750 and 35768, Education Code. Reference: Section 35710.5, 35711 and 35753, Education Code; Crawford v. Board of Education (1976) 17 CAL.3d 280; NAACP v. San Bernardino City Unified School District (1976) 17 CAL.3d 311.
History
1. Repealer and new section filed 12-17-76; effective thirtieth day thereafter (Register 76, No. 51).
2. Amendment of subsection (b)(4) and repealer of Note filed 9-23-77; effective thirtieth day thereafter (Register 77, No. 39).
3. Amendment filed 1-17-80; effective thirtieth day thereafter (Register 80, No. 3).
4. Amendment filed 12-14-83; effective thirtieth day thereafter (Register 83, No. 51).
5. Amendment of section and Note filed 3-29-96; operative 4-28-96 (Register 96, No. 13).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 5, § 18573, 5 CA ADC § 18573
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