Legal Services

​​The organization of districts as they existed on Jan. 1, 1981, and local education agency needs and concerns serve as the basis for reorganization within San Diego County. Twenty-three elementary, six high school, and 13 unified school districts, and five community college districts serve students in kindergarten through grade 14 and adults.

State law establishes requirements for school and community college district reorganization. Reorganization proposals include transfers of territory, unification, annexation, or unionization, and may involve election of governing board members for the reorganized district.

The San Diego County Board of Education serves as the San Diego County Committee on School District Organization. The county committee is charged with the responsibility of handling school and community college district reorganization. The county superintendent of schools may provide specified services with respect to the reorganization of districts.

The county committee encourages affected districts to agree on the method of a proposed reorganization before the petition procedure is initiated by district(s), property owners, or electors. Districts considering reorganization may request assistance from the San Diego County Office of Education. Contact Legal Services for additional information.

The School District Organization Handbook, published by the California Department of Education, provides details and flowcharts on the requirements and procedures established under state law. Applicable processes are summarized below.

Transfer of Territory

Education Code sections 35500 et seq., and 35700 et seq.

Download "Transfer of Territory" as PDF

1. Governing board(s), registered electors, or property owners develop reasonable identification of territory to be transferred. A map and legal description are not a prerequisite for filing a valid petition.
2. Affected school district governing board(s) approve petition to transfer territory. A petition of 25 percent of the registered electors residing in the territory proposed to be transferred, or property owner(s) if uninhabited, also initiates the process.
3. Upon submission of the signed petition to the County Superintendent of Schools, the County Superintendent transmits the petition, if sufficient, to the County Committee on School District Organization and the State Board of Education.
4. The county committee notifies the local agency formation commission (LAFCO).
5. The county committee may add to the petition. A report of the County Assessor for the Boundary Commission is requested. The description of the petition is made available to the public ten days prior to the public hearings.
6. The county committee holds public hearings at regular/special meetings in each affected district within 60 days of the transmittal.
7. The county committee shall conduct an initial study and file a Negative Declaration in compliance with the California Environmental Quality Act (CEQA).
8. Within 120 days after commencement of the first public hearing on the petition, the county committee shall approve or disapprove the petition.
9. The county committee may approve the petition and order the petition granted if conditions of Education Code section 35753(a) are substantially met and if (1) uninhabited territory with owner(s') and governing boards' consent, or (2) inhabited territory, less than 10 percent assessed valuation, and governing boards' consent.
10. If the county committee approves other petitions to transfer territory, it shall notify the county superintendent to call an election in the territory of the districts as determined by the county committee.
11. If the transfer is granted or approved at an election, the Board of Supervisors makes the order to reestablish boundaries. Action is complete on the date of the Board of Supervisors' action, and is effective for all purposes on July 1 of the calendar year following the calendar year in which all action is completed.

Other Types of Reorganization

Education Code sections 35500 et seq., and 35700 et seq.

Download "Other Types of Reorganization" as PDF

School district reorganization proposals include unification, unionization, formation, and other types of reorganization. Actions to reorganize may be initiated by petition of:

• Governing boards of the districts affected;
• Twenty-five percent of the registered voters residing in the territory proposed to be reorganized;
• Ten percent of the qualified electors residing in any district for consideration of unification or other reorganization; or
• A resolution from a city council, board of supervisors, governing body of a special district, or local agency formation commission.

The following list provides a reference to the major requirements and processes of a school district reorganization proposal:

1. Initiation of a reorganization proposal
2. Written notification of specified state and local agencies
3. Public hearings by county committee following receipt of petition
4. Recommendations of county committee; approval/disapproval
5. Grant or deny petition (county committee); tentative and final recommendations
6. Transmittal of recommendation to State Board of Education
7. State Board of Education hearing; approval
8. Reorganization proposal approved by majority of voters
9. Board of Supervisors order filed with the State Board of Equalization

Reorganization Elections

Download "Reorganization Elections" as PDF

The County Superintendent of Schools shall order elections to reorganize school or community college districts as required by action of the County Committee on School District Organization, the California State Board of Education, or the Board of Governors of the California Community Colleges. The election shall be held on an established election date, and the cost of the election shall be a charge against the County School Service Fund in San Diego County. The area of election may be determined in accordance with applicable Education Code provisions by the type of reorganization proposed, approved plans and recommendations for the reorganization, court decisions on area of interest, or action of the county committee, State Board of Education, or Board of Governors. A majority vote is required to authorize district reorganization. When voters approve a reorganization, the Board of Supervisors makes the order to reestablish boundaries. Action is complete on the date of the Board of Supervisors' action. The reorganization is effective for all purposes on July 1 of the calendar year following the calendar year in which the action is complete.

These resources may assist you in locating the most current documentation, forms, or guidance to a legal matter.

• Bill Information (Official California Legislative Information)
• CalEdFacts, CDE (PDF)
• California Code of Regulations
• California Law
• California Department of Education, Proposed Regulations
• California Secretary of State
• California State Board of Education
• California State Government Resources
• California State Senate
• California School Boards Association
• California State Assembly
• California State Constitution
• California Statutes
• Code of Federal Regulations (GPO Access)
• GPO Access (federal agencies, resources, and publications)
• Federal Update (CDE) - Legislative Activity, Education
• Legislative Analyst's Office
• Library of Congress - Federal Legislative Information
• National School Boards Association
• Opinions of the California Attorney General
• Opinions of the California Supreme Court and Court of Appeals
• Public Law Database
• Registrar of Voters, San Diego County
• School Services of California, Inc.
• United States Code, 2000 Edition, Supplement 5
• U.S. Constitution and Amendments (FindLaw)
• U.S. Department of Education
• U.S. Supreme Court Decisions (Cornell University Law School ) (by topic)
• U.S. Supreme Court Decisions (FindLaw)
• U.S. Supreme Court Official Web Site
• U.S. House of Representatives
• U.S. Senate

 

 

NOTICE OF PUBLIC HEARING

PROPOSED TRANSFER OF TERRITORY BETWEEN FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT, FALLBROOK UNION HIGH SCHOOL DISTRICT AND BONSALL UNIFIED SCHOOL DISTRICT

You are hereby notified that a petition has been filed with this office in accordance with Education Code sections 35700, et seq., for the transfer of territory between Fallbrook Union Elementary, Fallbrook Union High School District, and Bonsall Unified School District. The proposed transfer territory is located within a portion of the Citro community developed by TriPointe Homes in Fallbrook, California.

The governing boards of the three school districts have: (i) consented to the transfer and (ii) declared that the territory at issue constitutes less than 10% of the assessed valuation of the original district from which the territory is being transferred.

NOTICE IS HEREBY GIVEN that this matter will come before the San Diego County Board of Education, acting as the County Committee on School District Organization, on May 9, 2023, as follows:

The petition, a description of the petition and maps of the proposed transfer territory, and guidelines for conduct of the public hearing are available below or by contacting Carmen Aguilar, administrative assistant to the superintendent, at CPAguilar@sdcoe.net or 858-295-6637.

Date Posted: April 29, 2023

Paul Gothold, Ed.D.
San Diego County Superintendent of Schools

DESCRIPTION OF PETITION

Education Code section 35705.5 requires that a county committee on school district organization make available to the public and to the governing boards affected by a petition proposing to transfer territory between school districts a description of the petition and its effect, if approved.

The petition being considered by the San Diego County Committee on School District Organization (“County Committee”) requests a transfer of the territory within the Development from the Fallbrook Union Elementary School District (“FUESD”) and the Fallbrook Union High School District (“FUHSD” and together with the FUESD, the “Fallbrook Districts”) to the Bonsall Unified School District (“BUSD” and together with the Fallbrook Districts, the “Districts”) and, simultaneously, to transfer certain territory within the Development, containing 255 homes (172 multi-family units and 83 single-family units) located within the Affected Territory, from the BUSD to the Fallbrook Districts (the “Affected Territory”). The Affected Territory is part of the master planned community of 844 homes (the “Development”) generally located in northern San Diego County at or near the intersection of Horse Ranch Creek Road and Meadowood Street, in Fallbrook, CA. The Development, currently being constructed and partially owner-occupied, consists of several communities, including four single family home communities (totaling 474 homes) known as Castello, Avo, Pomelo, and Tangelo, an attached “duet-style” home community of 178 homes known as Zutano, and an attached townhome-style community of 192 homes known as Meyer. Maps depicting the parcels which make up the Affected Territory, the existing school district boundaries and the proposed changes in school district boundaries are attached as Exhibits “A” & “B,” respectively. The Development is being developed by Tri-Pointe Homes (“Developer”).

Following are specific details regarding the Petition, required by said section 35705.5, relating to school district employees, funding, governance, elections, and division of property, obligations and bonded indebtedness.

1.     The rights of the employees in the affected districts to continued employment:

Not applicable to the Petition. The rights of the employees to continued employment will not be affected by the proposed territory transfer.

2.     The local control funding formula (LCFF) allocation per pupil for each affected district and the effect of the petition, if approved, on that allocation.

 None of the affected school districts are community funded (formerly known as “basic aid”) districts. Accordingly, funding calculations will continue to be determined on a per-pupil basis in accordance with the Local Control Funding Formula (LCFF).

3.     Whether the districts involved will be governed, in part, by provisions of a city charter and, if so, in what way.

 Not applicable to the Petition, as none of the districts involved will be governed by a city charter. 

4.     Whether the governing boards of any proposed new district will have five or seven members.

 Not applicable to the Petition, as it does not propose the creation of any new district(s).

5.     A description of the territory or districts in which the election, if any, will be held.

 The election area will be the area proposed for transfer (i.e., as described in the Petition). This specification is subject to change pending any additional information obtained during the public hearings (Ed. Code, § 35705), and approval of the Petition (Ed. Code, § 35706).

6.     Where the proposal is to create two or more districts, whether the proposal will be voted on as a single proposition.

 Not applicable to the Petition, as it does not propose the creation of any new district(s).

7.     Whether the governing board of any new district will have trustee areas and, if so, whether the trustees will be elected by only the voters of that trustee area or by voters of the entire district.

 Not applicable to the Petition, as it does not propose the creation of any new district(s). The proposed territory transfer will not impact the membership or election of governing boards in the affected school districts.

8.     A description of how the property, obligations, and bonded indebtedness of existing districts will be divided.

 The area proposed for transfer under the Petition contains no public school property or buildings. The plans and recommendations of the County Committee would stipulate the division of any other property, funds or obligations (except bonded indebtedness) affected by the proposed transfer. The County Committee may use any equitable means to divide the property, funds and obligations, including assessed valuation, average daily attendance (ADA), or value and location of property. (Ed. Code, §§ 35560, 35736.) Absent any provision of the plans and recommendations of the County Committee to the contrary, the territory transferred will drop any liability for outstanding bonded indebtedness of the district of which it was formerly a part and assume its proportionate share of the outstanding bonded indebtedness of the district of which it becomes a part. (Ed. Code, § 35575.) Provisions for the exchange of property tax revenue are set forth in Revenue and Taxation Code, Section 99(i).

9.     A description of when the first governing board of any new district will be elected and how terms of office for each new trustee will be determined.

 Not applicable to the Petition, as it does not propose the creation of any new district(s).

Date: April 28, 2023