(a) A person questioning the finding of the county committee pursuant to Section 35709, 35710, or paragraph (2) or (3) of subdivision (a) of Section 35722 that the action to transfer territory or form one or more new districts will not adversely affect the racial or ethnic integration of the schools of the districts affected, may appeal a decision based on that finding. The appeal shall be made to the state board within 30 days. The appeal shall be based upon factual and statistical evidence. The secretary of the state board shall expeditiously notify the county superintendent of schools upon the filing of the appeal. Upon the filing of the appeal, the action of the county committee shall be stayed, pending the outcome of the appeal.

(b) If the state board denies the appeal, the decision of the county committee shall stand. If the state board approves the appeal, it shall review the findings of the county committee at a regular meeting of the state board.

Terms Used In California Education Code 35711

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

(c) The state board shall notify the county committee of its decision on the appeal. If the state board approves the appeal, the county committee shall transmit a copy of the proceedings to the state board within 30 days after receipt of notice. The state board shall review the transcript, considering all factors involved. The state board may reverse, or may affirm, the decision of the county committee, or if it appears that inadequate consideration was given to the effect of the transfer on integration of the schools of the school districts affected, it shall direct the county committee to reconsider its decision and for this purpose to hold another hearing.

(d) The secretary of the state board shall notify the county superintendent of schools of the state board’s final action regarding the appeal. If the action of the county committee to approve a territory transfer ultimately stands following the state board action, Section 35709 and subdivision (a) of Section 35710 shall apply, as appropriate.

(e) The county superintendent of schools shall not call an election pursuant to subdivision (a) of Section 35710 until after the time for an appeal pursuant to subdivision (a) of this section has elapsed.

(Amended by Stats. 2022, Ch. 301, Sec. 5. (SB 1057) Effective January 1, 2023.)

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