AB 1261,
as amended, Gorell. Publicbegin delete schools:end delete schoolbegin delete facilities.end deletebegin insert facilities: expelled pupils program.end insert
Existing law requires a school district that operates a program for expelled pupils to use available school facilities that conform with specified requirements, apply for emergency portable classrooms, or enter into a lease agreement for facilities, as specified.
end insertbegin insertThis bill would also authorize a school district, if facilities that conform to specified requirements are not available, to submit a request to the State Allocation Board to exempt a building or portion of a building to be used to operate a program for expelled pupils from the definition of “school building.” The bill would authorize the State Allocation Board to grant an exemption for no longer than 2 years, if certain requirements are met. The bill would make other nonsubstantive changes.
end insertExisting law authorizes a school district to enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, local government agency, as defined, or corporation, pursuant to specified provisions.
end deleteThis bill would make nonsubstantive changes in that provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 17292.5 of the
end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert
begin delete(a)end deletebegin delete end deleteIf the governing board of a school district operates
4a program for expelled pupils, the governing board shall do one
5or more of the following:
6(1)
end delete
7begin insert(a)end insert Utilize available school facilities that conform to the
8requirements of Part 2 (commencing with Section 2-101), Part 3
9(commencing with Section 3-089-1), Part 4 (commencing with
10
Section 4-403), and Part 5 (commencing with Section 5-102), of
11Title 24 of the California Code of Regulations.
12(b) (1) If facilities that conform to the requirements specified
13in subdivision (a) are not available, submit a request to the State
14Allocation Board to exempt a building or portion of a building to
15be used to operate a program for expelled pupils from the definition
16of “school building” within the meaning of Section 17283. The
17State Allocation Board may grant an exemption for no longer than
18two years if the governing board demonstrates all of the following
19to the satisfaction of the State Allocation Board:
20(A) The facilities are not located on a regular schoolsite.
end insertbegin insert
21(B) The facilities comply with all
applicable local building
22standards and all relevant local health and safety standards in the
23community in which it is located.
24(C) The facilities shall be used to operate a program for expelled
25pupils.
26(D) There shall be no more than 124 pupils enrolled in
27kindergarten or any of grades 1 to 12, inclusive, at any one time
28in the facilities, or the portion of the facilities, and the remainder
29of the facilities shall not be used for instructional purposes.
30(E) The use of the facilities is critical to providing an effective
31community-based program.
32(F) The use of other facilities that would meet seismic safety
33standards for school facilities is not practical.
34(2) An exemption granted pursuant to this subdivision is
35renewable.
P3 1(2)
end delete
2begin insert(c)end insert Apply for emergency portable classrooms pursuant to
3Chapterbegin delete 25end deletebegin insert
14end insert (commencing with Section 17085) of Part 10.
4(3)
end delete
5begin insert(d)end insert Enter intobegin insert aend insert leasebegin delete agreementsend deletebegin insert agreementend insert for facilities,
6provided that the facilities are limited to a structure where a
7structural engineer has submitted a report that determines
8substantial structural hazards do notbegin delete exist.end delete
9begin delete(b)end deletebegin delete end deletebegin deleteBeforeend deletebegin insert exist. Beforeend insert entering intobegin delete anyend deletebegin insert aend insert leasebegin delete pursuant to , the governing board of the school
10paragraph (3) of subdivision (a)end delete
11district shall certify to the State Allocation Board that all reasonable
12efforts have been made to locate the program in facilities that
13conform to the structural safety standards listed inbegin delete paragraph (1)
subdivision (a).
14ofend delete
Section 17515 of the Education Code is amended
16to read:
(a) Any school district may enter into leases and
18agreements relating to real property and buildings to be used jointly
19by the district and any private person, firm, local governmental
20agency, as defined in paragraph (3) of subdivision (f) of Section
214420 of the Government Code, or corporation pursuant to this
22article. As used in this article, “building” includes onsite and offsite
23facilities, utilities and improvements that, as agreed upon by the
24parties, are appropriate for the proper operation or function of the
25building to be occupied jointly by the district and the private
26person, firm, or corporation. It also includes the permanent
27
improvement of school grounds.
28(b) Any building, or portion thereof, that is used by a private
29person, firm, local governmental agency, as defined in paragraph
30(3) of subdivision (f) of Section 4420 of the Government Code,
31or corporation pursuant to this section shall be subject to the zoning
32and building code requirements of the local jurisdiction in which
33the building is situated.
34(c) Section 53094 of the Government Code does not apply to
35uses of school district property or buildings authorized by this
36section, except in the case of property or buildings used solely for
37educational purposes.
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