BILL ANALYSIS �
AB 1261
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Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 1261 (Gorell) - As Amended: March 21, 2013
SUBJECT : Public school facilities: expelled pupils program
SUMMARY : Authorizes a school district to submit a request to
the State Allocation Board (SAB) for an exemption of existing
law requiring facilities provided to house expelled pupils from
meeting specified requirements. Specifically, this bill :
1)Specifies that if facilities that meet the Part 2 (California
Building Code), Part 3 (California Electrical Code), Part 4
(California Mechanical Code), and Part 5 (California Plumbing
Code) of Title 24 (the California Building Standards Code) of
the California Code of Regulations are not available, the
district is authorized to submit a request to the SAB 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".
2)Authorizes the SAB to grant an exemption for no longer than
two years if the governing board demonstrates all of the
following to the satisfaction of the SAB:
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.
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f) The use of other facilities that would meet seismic
safety standards for school facilities is not practical.
3)Specifies that an exemption granted by this bill is renewable.
EXISTING LAW :
1)Requires the Department of General Services (DGS), under the
police power of the state, to supervise the design and
construction of any school building or the reconstruction or
alteration of or addition to any school building to ensure
that plans and specifications comply with existing law and
Title 24 regulations. (Education Code (EC) Section 17280)
2)Requires public school buildings to meet pupil safety
performance standards pursuant to the Field Act. (EC Chapter
3, Article 3)
3)Defines "school building" as any building used, or designed to
be used, for elementary or secondary school purposes and
constructed, reconstructed, altered, or added to, by the state
or by any city or city and county, or by any political
subdivision, or by any school district of any kind within the
state, or by any regional occupational center or program
(ROC/P) created by or authorized to act by an agreement under
joint exercise of power, or by the United States government,
or any agency thereof. (EC 17283)
4)Authorizes a ROC/P to use a leased building that does not meet
Field Act requirements under specified conditions. (EC 17285)
5)Authorizes a school district or county office of education
(COE) providing an independent study program to request an
exemption from the SAB for use of a building or structure, or
portion of a building or structure, from the definition of
"school buildings" under specified conditions. (EC 17289)
6)Authorizes the governing board of a school district operating
a program for expelled pupils to provide specified facilities.
(EC 17292.5)
7)Authorizes a county superintendent or school district
operating a pregnant and parenting teen program to enter into
lease agreements for school facilities under specified
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conditions. (EC 17293)
8)Specifies conditions for providing facilities for a community
day school operated by a county superintendent of schools.
(EC 1986)
FISCAL EFFECT : Unknown
COMMENTS : Background . Existing law requires the DGS to
supervise the design and construction of any school building or
the reconstruction or alteration of or any addition to a school
building to ensure that the architectural design plans meet
fire, life and safety requirements; Field Act requirements; and
access requirements under the Americans with Disability Act,
specified under Title 24 regulations. The Division of State
Architect (DSA), under the DGS, is the agency with the oversight
responsibilities.
The Field Act, named after the author of the bill establishing
the Act, Assemblymember C. Don Field, was enacted in 1933 after
an earthquake in Long Beach. The Act authorized the State
Architect to develop a statewide building code to make all
buildings, especially school buildings, safe from earthquakes.
The Act has been strengthened since then and California's public
schools are commonly considered to be the safest public
buildings in the state. When DSA determines that project plans
comply with all the necessary building codes and the Field Act,
the school district may proceed to construction of the project.
Existing law also provides exemptions for facilities that do not
meet Title 24 state regulations and the Field Act serving
specified programs and pupil populations as follows:
1)Community schools : Requires a county superintendent of school
operating a community school to do one or more of the
following:
Utilize available school facilities that meet the
California Building Code (Part 2), California Electrical
Code (Part 3), California Mechanical Code (Part 4), and
California Plumbing Code (Part 5) of Title 24 (the
California Building Standards Code) of the California Code
of Regulations.
Apply for emergency portable classrooms.
Enter into a lease agreement provided that the facility
is a single-story, wood framed structure; a single-story,
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light steel frame structure; or a structure for which a
structural engineer has issued a report certifying that
there are no substantial structural hazards.
Before entering into a lease agreement, the county
superintendent of schools must certify that all reasonable
efforts have been made to locate the community school in
facilities that meet Title 24 regulations.
1)ROC/Ps : A leased building that does not meet the Field Act
may be used provided that:
The building is a single-story, wood framed structure; a
single-story, light steel frame structure; or a structure
for which a structural engineer has issued a report
certifying that there are no substantial structural
hazards.
The building meets all local building standards and all
applicable local health and safety standards.
The governing board certifies to the SAB, the ten-member
board that allocates state education bond funds and
administers the School Facility Program, that reasonable
efforts have been made to locate the ROC/P in facilities
that meet seismic safety standards.
1)Pregnant and parenting teen program : A county superintendent
or school district may enter into a lease agreement under the
following conditions:
All facilities meeting Field Act and the Private Schools
Building Safety Act have been utilized.
The district or county superintendent has applied to
lease or purchase emergency portable classrooms and the
application was either not approved or the portable
classrooms will not meet the needs of the program.
The lease may be for a period of five years if a report
and certification of safety is prepared by a structural
engineer that verifies that the building meets local safety
standards.
Before entering into any lease, the county
superintendent or district certifies that all reasonable
efforts have been made to locate programs in facilities
that meet state standards.
1)Independent study : Authorizes a school district or COE to
request an exemption from the definition of "school building"
to house an independent study program from the SAB. The
exemption may be provided for two years and is renewable. The
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exemption may be provided if the school district or COE
demonstrates all of the following to the SAB:
The building or structure meets all of the following:
i) It is not located on a regular schoolsite.
ii) It complies with all local building standards and
all relevant health and safety standards.
iii) It is used for independent study.
iv) It serves fewer than 25 pupils in kindergarten
through 12th grade.
The use of the building is critical to providing an
effective alternative, community-based program.
The use of other buildings that meet seismic safety
standards is not practical.
1)Expelled pupils : Requires a governing board that operates a
program for expelled pupils to do one of the following:
Utilize available school facilities that meet the
California Building Code (Part 2), California Electrical
Code (Part 3), California Mechanical Code (Part 4), and
California Plumbing Code (Part 5) of Title 24 (the
California Building Standards Code) of the California Code
of Regulations.
Apply for emergency portable classrooms.
Enter into a lease agreement for facilities, provided
that the facilities are limited to a structure where a
structural engineer has submitted a report certifying that
there are no substantial structural hazards.
Before entering into a lease agreement, the governing
board must certify to the SAB that all reasonable efforts
have been made to locate the program in facilities that
meet Title 24 regulations.
It is unclear why there are variations in the exemptions for
these programs.
This bill provides a school district with another avenue for
securing facilities to house expelled pupils. In addition to
existing requirements, the bill specifies that if facilities
that comply with the specified Title 24 regulations are not
available, a school district may request from the SAB an
exemption from the definition of "school building" under
conditions that are similar to those specified for facilities
for independent students. Of all the exemptions, those for
independent students appear to be the least restrictive.
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According to the author, expelled students from Oxnard Union
High School District are currently being served by the county
office in a community school. The district would like to take
these students back but does not have facilities that meet Field
Act or the requirements specified in the provisions regarding
facilities for expelled students. The district would like to
use a facility owned by the school district located in a
commercial property containing six classrooms and a computer lab
that is currently used in the evening for adult education
programs but is vacant during the day. This would avoid having
to purchase portables or constructing new facilities. Existing
law authorizes a district to lease facilities that do not meet
the Field Act or state regulations but does not allow the use of
facilities owned by a district that do not meet the Field Act or
state regulations.
The Field Act provides enhanced oversight and approvals and
requires compliance with state building codes that, according to
the DSA, contain structural provisions that are superior to many
other types of facilities, with considerations for known seismic
activity in California. Local building standards vary from
locality to locality. However, the seismic design of buildings
was incorporated within the 1976 Uniform Building Code adopted
on July 1, 1978 following an earthquake in the San Fernando
Valley in 1971. The building's level of earthquake structural
preparedness depends on the age of the building the district
wants to use for expelled students.
Should the Committee chooses to pass this bill, staff recommends
requiring the district to obtain a structural report by a
structural engineer certifying that there are no substantial
structural hazards.
REGISTERED SUPPORT / OPPOSITION :
Support
Oxnard Union High School District (sponsor)
Jack O'Connell, former Superintendent of Public Instruction
Opposition
None on file
AB 1261
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Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087