BILL NUMBER: AB 1358	CHAPTERED  09/06/05

	CHAPTER  229
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2005
	PASSED THE SENATE  AUGUST 23, 2005
	PASSED THE ASSEMBLY  MAY 26, 2005
	AMENDED IN ASSEMBLY  MAY 4, 2005
	AMENDED IN ASSEMBLY  APRIL 20, 2005

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 22, 2005

   An act to amend Section 17215 of the Education Code, relating to
school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1358, Mullin  Acquisition of proposed schoolsites: notice.
   Existing law requires the governing board of each school district,
before acquiring title to property for a new schoolsite, to provide
the State Department of Education written notice of the proposed
acquisition, along with any information required by the department,
if the proposed site is within two miles, measured by air line, of
that point on an airport runway or potential airport runway included
in an airport master plan that is nearest to the site.  Existing law
requires the State Department of Education, upon receipt of the
notice, to notify the Department of Transportation in writing of the
proposed acquisition. Existing law requires the Department of
Transportation to investigate the proposed site and submit a report
of its findings and recommendations concerning acquisition of the
site to the State Department of Education. Existing law requires the
State Department of Education to forward the report to the governing
board of the school district. Existing law provides that state or
local funds may not be apportioned or expended for acquisition of a
site if the Department of Transportation's recommendation does not
favor acquisition of the site.
   This bill would require a school district to provide the
Department of Transportation with that notice before leasing property
for a new schoolsite. This bill also would make these provisions
applicable to charter schools.


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


  SECTION 1.  Section 17215 of the Education Code is amended to read:

   17215.  (a) In order to promote the safety of pupils,
comprehensive community planning, and greater educational usefulness
of schoolsites, before acquiring title to or leasing property for a
new schoolsite, the governing board of each school district,
including any district governed by a city board of education, or a
charter school, shall give the State Department of Education written
notice of the proposed acquisition or lease and shall submit any
information required by the State Department of Education if the site
is within two miles, measured by air line, of that point on an
airport runway or a potential runway included in an airport master
plan that is nearest to the site.
   (b) Upon receipt of the notice required pursuant to subdivision
(a), the State Department of Education shall notify the Department of
Transportation in writing of the proposed acquisition or lease. If
the Department of Transportation is no longer in operation, the State
Department of Education shall, in lieu of notifying the Department
of Transportation, notify the United States Department of
Transportation or any other appropriate agency, in writing, of the
proposed acquisition or lease for the purpose of obtaining from the
department or other agency any information or assistance that it may
desire to give.
   (c) The Department of Transportation shall investigate the site
and, within 30 working days after receipt of the notice, shall submit
to the State Department of Education a written report of its
findings including recommendations concerning acquisition or lease of
the site. As part of the investigation, the Department of
Transportation shall give notice thereof to the owner and operator of
the airport who shall be granted the opportunity to comment upon the
site.  The Department of Transportation shall adopt regulations
setting forth the criteria by which a site will be evaluated pursuant
to this section.
   (d) The State Department of Education shall, within 10 days of
receiving the Department of Transportation's report, forward the
report to the governing board of the school district or charter
school. The governing board or charter school may not acquire title
to or lease the property until the report of the Department of
Transportation has been received. If the report does not favor the
acquisition or lease of the property for a schoolsite or an addition
to a present schoolsite, the governing board or charter school may
not acquire title to or lease the property. If the report does favor
the acquisition or lease of the property for a schoolsite or an
addition to a present schoolsite, the governing board or charter
school shall hold a public hearing on the matter prior to acquiring
or leasing the site.
   (e) If the Department of Transportation's recommendation does not
favor acquisition or lease of the proposed site, state funds or local
funds may not be apportioned or expended for the acquisition or
lease of that site, construction of any school building on that site,
or for the expansion of any existing site to include that site.
   (f) This section does not apply to sites acquired prior to January
1, 1966, nor to any additions or extensions to those sites.