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HomeEducation CodeDiv. 7Pt. 46Ch. 2Art. 1§ 74108 District Territory Transfer Approval

§ 74108 District Territory Transfer Approval

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 74108 District Territory Transfer Approval

Key Takeaways

  • •You can move land from one school area to another if the land is empty and the owner and the new school area agree.
  • •If people live on the land, the new school area must agree, and the move must not cost the state more money or hurt other schools.
  • •The move must be fair for everyone—no big changes in race or chances to go to school.

Example

A small town wants to move a neighborhood from one school district to another because the new district has better schools.

The new school district must agree, and the move can’t make other schools lose money or make things unfair for kids in either district.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 74108 District Territory Transfer Approval

The county committee may approve a petition only if either of the following conditions are met: (a) The petition is to transfer uninhabited territory from one district to another and the owner of the territory, or a majority of the owners of the territory, and the governing board of the receiving district involved in the transfer consent to the transfer. (b) The petition is to transfer inhabited territory and all the following conditions are satisfied. (1) The governing board of the receiving district has consented to all conditions of transfer by an agreement signed by a majority of the members of the board. (2) The county committee finds that: (A) The transfer will not result in any increased cost to the state. (B) The transfer will not result in a reduction in state aid to community college districts not party to the petition. (C) The reallocation of local property tax revenues has been accurately determined and will be appropriately transferred. (D) The transfer will not significantly affect the racial or ethnic composition of the districts affected. (E) The transfer will not decrease educational opportunities for residents of all districts involved. (Added by Stats. 1982, Ch. 1214, Sec. 5. Effective September 22, 1982.)

Last verified: January 23, 2026

Key Terms

agreementpetitioneducationschoolpropertyportcounty committeemajority

Related Statutes

  • § 5201 Charter Control Of Schools
  • § 5205 School District Governance Election
  • § 74107 District Territory Transfer Approval
  • § 74137 District Annexation Hearing Process
  • § 74138 District Annexation Approval Conditions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 74108.
View Official Source