AB 1261, as amended, Gorell. Public school 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.begin insert The bill would provide that the exemption is renewable.end insert The bill would make other nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17292.5 of the Education Code is
2amended to read:
If the governing board of a school district operates a
4program for expelled pupils, the governing board shall do one or
5more of the following:
6(a) Utilize available school facilities that conform to the
7requirements of Part 2 (commencing with Section 2-101), Part 3
8(commencing with Section 3-089-1), Part 4 (commencing with
9
Section 4-403), and Part 5 (commencing with Section 5-102), of
10Title 24 of the California Code of Regulations.
11(b) (1) If facilities that conform to the requirements specified
12in subdivision (a) are not available, submit a request to the State
13Allocation Board to exempt a building or portion of a building to
14be used to operate a program for expelled pupils from the definition
15of “school building” within the meaning of Section 17283. The
16State Allocation Board may grant an exemption for no longer than
17two years if the governing board demonstrates all of the following
18to the satisfaction of the State Allocation Board:
19(A) The facilities are not located on a regular schoolsite.
20(B) The
facilities comply with allbegin insert currentend insert applicable local
21building standards and all relevant local health and safety standards
22in the community in which it is located.
23(C) The facilities shall be used to operate a program for expelled
24pupils.
25(D) There shall be no more than 124 pupils enrolled in
26kindergarten or any of grades 1 to 12, inclusive, at any one time
27in the facilities, orbegin delete theend delete portion of the facilities, and the remainder
28of the facilities shall not be used for instructional purposes.
29(E) The use of the facilities is critical to providing an effective
30community-based
program.
31(F) The use of other facilities that would meet seismic safety
32standards for school facilities is not practical.
33(G) A structural engineer has submitted a report certifying that
34the facilities possess no substantial structural hazards.
35(2) An exemption granted pursuant to this subdivision is
36renewable.
37(c) Apply for emergency portable classrooms pursuant to
38Chapter 14 (commencing with Section 17085) of Part 10.
P3 1(d) Enter into a lease agreement for facilities, provided that the
2facilities are limited to a
structure where a structural engineer has
3submitted a report that determines substantial structural hazards
4do not
exist. Before entering into a lease, the governing board of
5the school district shall certify to the State Allocation Board that
6all reasonable efforts have been made to locate the program in
7facilities that conform to the structural safety standards listed in
8
subdivision (a).
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