BILL NUMBER: SB 1556	CHAPTERED  09/30/08

	CHAPTER  723
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 20, 2008
	PASSED THE ASSEMBLY  AUGUST 18, 2008
	AMENDED IN ASSEMBLY  AUGUST 15, 2008
	AMENDED IN ASSEMBLY  AUGUST 8, 2008

INTRODUCED BY   Senator Ducheny

                        FEBRUARY 22, 2008

   An act to amend Section 17071.76 of the Education Code, relating
to school construction.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1556, Ducheny. School construction.
   Existing law establishes the public school system in this state,
and, among other things, provides for the establishment of school
districts throughout the state and for their provision of instruction
at the public elementary and secondary schools they operate and
maintain. Existing law establishes a public school funding system
that includes, among other elements, the provision of funding to
local education agencies through state apportionments, the proceeds
of property taxes collected at the local level, and other sources.
Existing law establishes procedures for the approval, funding, and
completion of school construction projects financed through state
funds, including procedures for the calculation by the State
Allocation Board of the eligibility of a school district for new
construction funding financed by the issuance of state bonds.
   This bill would authorize the State Allocation Board to permit an
elementary school district with at least 37 elementary schools that
is located within a high school district with at least 12 high
schools, that has an average daily attendance exceeding 20,000
pupils, and that has geographical boundaries encompassing more than
100 square miles to calculate its eligibility for new construction
funding based on a provision that is otherwise applicable only to
high school attendance areas.


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

  SECTION 1.  Section 17071.76 of the Education Code is amended to
read:
   17071.76.  (a) Whenever the existing school building capacity in
any high school attendance area prevents another high school
attendance area from receiving the maximum per-unhoused-pupil grant
specified for the school district as a whole, the eligibility may be
computed separately for each high school attendance area.
   (b) For the purposes of eligibility, a school district may combine
two or more adjacent high school attendance areas pursuant to the
following conditions:
   (1) The funding eligibility is for the construction of a high
school, junior high school, or elementary school located or to be
located in any of those high school attendance areas.
   (2) The high school, junior high school, or elementary school to
be constructed is to serve pupils residing in each of those high
school attendance areas.
   (3) The combined eligibility reflects the eligibility to which
each of the high school attendance areas would otherwise be entitled,
reflecting the proportion of projected pupil enrollment in the
school to be constructed, as calculated under this chapter, from each
of those attendance areas.
   (c) The board may permit an elementary school district that is
located within a high school district to utilize this section to
determine eligibility for funding if all of the following conditions
apply:
   (1) The elementary school district average daily attendance is
greater than 20,000 pupils.
   (2) The elementary school district maintains at least 37
elementary schools, and the high school district maintains at least
12 high schools.
   (3) The elementary school district has geographical boundaries
encompassing more than 100 square miles.