BILL NUMBER: AB 1261 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Gorell
FEBRUARY 22, 2013
An act to amend Section 17515 17292.5
of the Education Code, relating to public schools
school facili ties .
LEGISLATIVE COUNSEL'S DIGEST
AB 1261, as amended, Gorell. Public schools:
school facilities. facilities: expelled
pupils program.
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.
This 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.
Existing 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.
This bill would make nonsubstantive changes in that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17292.5 of the
Education Code is amended to read:
17292.5. (a) If the
governing board of a school district operates a program for expelled
pupils, the governing board shall do one or more of the following:
(1)
(a) Utilize available school facilities that conform to
the requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
(b) (1) If facilities that conform to the requirements specified
in subdivision (a) are not available, 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" within the meaning of Section 17283. The State
Allocation Board may grant an exemption for no longer than two years
if the governing board demonstrates all of the following to the
satisfaction of the State Allocation Board:
(A) The facilities are not located on a regular schoolsite.
(B) The facilities comply with all applicable local building
standards and all relevant local health and safety standards in the
community in which it is located.
(C) The facilities shall be used to operate a program for expelled
pupils.
(D) There shall be no more than 124 pupils enrolled in
kindergarten or any of grades 1 to 12, inclusive, at any one time in
the facilities, or the portion of the facilities, and the remainder
of the facilities shall not be used for instructional purposes.
(E) The use of the facilities is critical to providing an
effective community-based program.
(F) The use of other facilities that would meet seismic safety
standards for school facilities is not practical.
(2) An exemption granted pursuant to this subdivision is
renewable.
(2)
(c) Apply for emergency portable classrooms pursuant to
Chapter 25 14 (commencing with Section
17085) of Part 10.
(3)
(d) Enter into a lease agreements
agreement for facilities, provided that the
facilities are limited to a structure where a structural engineer has
submitted a report that determines substantial structural hazards do
not exist.
(b) Before
exist. Before entering into any
a lease pursuant to paragraph (3) of
subdivision (a) , the governing board of the school
district shall certify to the State Allocation Board that all
reasonable efforts have been made to locate the program in facilities
that conform to the structural safety standards listed in
paragraph (1) of subdivision (a).
SECTION 1. Section 17515 of the Education Code
is amended to read:
17515. (a) Any school district may enter into leases and
agreements relating to real property and buildings to be used jointly
by the district and any private person, firm, local governmental
agency, as defined in paragraph (3) of subdivision (f) of Section
4420 of the Government Code, or corporation pursuant to this article.
As used in this article, "building" includes onsite and offsite
facilities, utilities and improvements that, as agreed upon by the
parties, are appropriate for the proper operation or function of the
building to be occupied jointly by the district and the private
person, firm, or corporation. It also includes the permanent
improvement of school grounds.
(b) Any building, or portion thereof, that is used by a private
person, firm, local governmental agency, as defined in paragraph (3)
of subdivision (f) of Section 4420 of the Government Code, or
corporation pursuant to this section shall be subject to the zoning
and building code requirements of the local jurisdiction in which the
building is situated.
(c) Section 53094 of the Government Code does not apply to uses of
school district property or buildings authorized by this section,
except in the case of property or buildings used solely for
educational purposes.