BILL NUMBER: SB 1067	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 27, 2014

INTRODUCED BY   Senator Beall

                        FEBRUARY 18, 2014

   An act to amend Section  35292.5   17251
 of  , and to add Section 17212.3 to,  the Education
Code, relating to  school maintenance.  
schoolsites.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1067, as amended, Beall.  School maintenance:
restrooms.   Schoolsites: selection: entry/exit access:
acquisition and plans review.  
   (1) Existing law requires the governing board of a school
district, prior to acquiring any site on which it proposes to
construct any school building, as defined, to have the site, or
sites, under consideration investigated by competent personnel to
ensure that the final site selection is determined by an evaluation
of all factors affecting the public interest and is not limited to
selection on the basis of raw land cost only.  
   This bill would require all new schoolsites acquired by the
governing board of a school district to have at least 2 points of
entry and exit onto the schoolsite.  
   (2) Existing law requires the State Department of Education, upon
the request of the governing board of any school district, to advise
the governing board on the acquisition of new schoolsites, as
specified. Existing law requires the department, upon the request of
the governing board of any school district, to review plans and
specifications for school buildings in the district.  
   This bill would instead require the department to advise the
governing board of a school district on the acquisition of new
schoolsites, as specified, and to review plans and specifications for
school buildings in the school district. The bill would also make
nonsubstantive changes to this provision.  
   Existing law, with certain exceptions, requires every public and
private school, as provided, to have restroom facilities that are
open as prescribed during school hours, and at all times to keep
every restroom maintained and cleaned regularly, fully operational,
and stocked with soap and paper supplies.  
   This bill would make nonsubstantive changes to that law and delete
obsolete cross-references. 
   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 17212.3 is added to the 
 Education Code   , to read:  
   17212.3.  All new schoolsites acquired by the governing board of a
school district shall have at least two points of entry and exit
onto the schoolsite. 
   SEC. 2.    Section 17251 of the  Education
Code   is amended to read: 
   17251.  The  State Department of Education  
department  shall:
   (a)  Upon the request of the governing board of any school
district, advise   Advise  the governing board
 of a school district  on the acquisition of new schoolsites
and, after a review of available plots, give the governing board
 of the school district,  in writing  ,  a list of
the recommended locations in the order of their merit, considering
especially the matters of educational merit, safety, reduction of
traffic hazards, and conformity to the land use element in the
general plan of the city, county, or city and county having
jurisdiction. The governing board  of the school district 
may purchase a  site   schoolsite  deemed
unsuitable for school purposes by the  State Department of
Education   department  only after reviewing the
department's report on proposed  sites  
schoolsites  at a public hearing. The department shall charge
the school district a reasonable fee for each schoolsite reviewed not
to exceed the actual administrative costs incurred for that purpose.

   (b) Develop standards for use by a school district in the
selection of schoolsites, in accordance with the objectives set forth
in subdivision (a). The department shall investigate complaints of
noncompliance with  site   schoolsite 
selection standards and shall notify the governing board of the
school district  of the results of the investigation. If that
notification is received  prior to   before
 the acquisition of the  site,  
schoolsite,  the governing board  of the school district
 shall discuss the findings of the investigation in a public
hearing.
   (c) Establish standards for use by school districts to ensure that
the design and construction of school facilities are educationally
appropriate and promote school safety.
   (d)  Upon the request of the governing board of any school
district, review   Review  plans and
specifications for school buildings in the  school 
district.  The department shall charge the governing board of the
school district, for the review of plans and specifications, a
reasonable fee not to exceed the actual administrative costs incurred
for that purpose.  
   The department shall charge governing boards of school districts,
for the review of plans and specifications, a reasonable fee not to
exceed the actual administrative costs incurred for that purpose.

   (e) Upon the request of the governing board of any school
district, make a survey of the building needs of the  school
 district, advise the governing board  of the school
district  concerning the building needs, suggest plans for
financing a building program to meet the needs. The department shall
charge the  school  district, for the cost of the survey, a
reasonable fee not to exceed the actual administrative costs incurred
for that purpose.
   (f) Provide information relating to the impact or potential impact
upon any schoolsite of hazardous substances, solid waste, safety,
hazardous air emissions, and other information as the department may
deem appropriate. 
  SECTION 1.    Section 35292.5 of the Education
Code is amended to read:
   35292.5.  (a) Every public and private school maintaining any
combination of classes from kindergarten to grade 12, inclusive,
shall comply with all of the following:
   (1) Every restroom shall at all times be maintained and cleaned
regularly, fully operational, and stocked at all times with toilet
paper, soap, and paper towels or functional hand dryers.
   (2) The school shall keep all restrooms open during school hours
when pupils are not in classes, and shall keep a sufficient number of
restrooms open during school hours when pupils are in classes.
   (b) Notwithstanding subdivision (a), a school may temporarily
close any restroom as necessary for pupil safety or as necessary to
repair the facility.
   (c) A school district that operates a public school that is in
violation of this section as determined by the State Allocation
Board, is ineligible for state deferred maintenance fund matching
apportionments if the school district has not corrected the violation
within 30 days after receipt of a written notice of the violation
from the board. Prior to determining that the school district is
ineligible, the board shall provide the school district with a
reasonable opportunity to cure the violation. The board shall notify
the Superintendent regarding a school district found to be in
violation of this section. The Superintendent shall notify the
Controller to withhold apportionments otherwise due the school
district.