BILL NUMBER: AB 1261	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Gorell

                        FEBRUARY 22, 2013

   An act to amend Section 17292.5 of the Education Code, relating to
public school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   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.  The bill
would provide that the exemption is renewable.  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 1.  Section 17292.5 of the Education Code is amended to
read:
   17292.5.  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:
   (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  current  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. 
   (G) A structural engineer has submitted a report certifying that
the facilities possess no substantial structural hazards. 
   (2) An exemption granted pursuant to this subdivision is
renewable.
   (c) Apply for emergency portable classrooms pursuant to Chapter 14
(commencing with Section 17085) of Part 10.
   (d) Enter into a lease 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. Before entering into a lease, 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
subdivision (a).