BILL NUMBER: SB 1054	CHAPTERED  07/19/05

	CHAPTER  87
	FILED WITH SECRETARY OF STATE  JULY 19, 2005
	APPROVED BY GOVERNOR  JULY 19, 2005
	PASSED THE ASSEMBLY  JULY 5, 2005
	PASSED THE SENATE  MAY 16, 2005
	AMENDED IN SENATE  MAY 11, 2005
	AMENDED IN SENATE  APRIL 19, 2005

INTRODUCED BY   Senator Soto

                        FEBRUARY 22, 2005

   An act to amend Section 47610 of, and to add Section 47610.5 to,
the Education Code, relating to charter schools.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1054, Soto  Charter schools: California Building Standards
Code.
   Existing law, the Field Act, requires the Department of General
Services to supervise the design and construction of any school
building or the reconstruction or alteration of or addition to any
school building, if not exempted, to ensure that plans and
specifications comply with the rules and regulations adopted pursuant
to the act and building standards published in the California
Building Standards Code and to ensure that the work of construction
has been performed in accordance with the approved plans and
specifications, for the protection of life and property.
   Existing law, the Charter Schools Act of 1992, permits any one or
more persons to submit a petition to the governing board of a school
district to establish a charter school that operates independently
from the existing school district structure as a method of
accomplishing specified goals. Existing law provides that a charter
school is exempt from the laws governing school districts, except for
specified laws relating to the State Teacher's Retirement Plan,
loans from the state, and all laws establishing minimum age for
public school attendance.
   This bill would expressly include the California Building
Standards Code, as adopted and enforced by a local building
enforcement agency, amongst those state laws from which a charter
school is not exempt. The bill would require charter schools to be in
compliance with those provisions by January 1, 2007. The bill would
also provide that a charter school is exempt from this requirement if
it complies with the requirements of the Field Act, or if the school
is exclusively owned or controlled by the federal government or
other entity that is not subject to the California Building Standards
Code.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 47610 of the Education Code is amended to read:

   47610.  A charter school shall comply with this part and all of
the provisions set forth in its charter, but is otherwise exempt from
the laws governing school districts, except all of the following:
   (a) As specified in Section 47611.
   (b) As specified in Section 41365.
   (c) All laws establishing minimum age for public school
attendance.
   (d) The California Building Code (Part 2 (commencing with Section
101) of Title 24 of the California Code of Regulations), as adopted
and enforced by the local building enforcement agency with
jurisdiction over the area in which the charter school is located.
   (e) Charter school facilities shall comply with subdivision (d) by
January 1, 2007.
  SEC. 2.  Section 47610.5 is added to the Education Code, to read:
   47610.5.  A charter school facility is exempt from the
requirements of subdivision (d) of Section 47610 if either of the
following conditions apply:
   (a) The charter school facility complies with Article 3
(commencing with Section 17280) and Article 6 (commencing with
Section 17365) of Chapter 3 of Part 10.5.
   (b) The charter school facility is exclusively owned or controlled
by an entity that is not subject to the California Building Code,
including, but not limited to, the federal government.