Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 986


Introduced by Assembly Member Gipson

February 26, 2015


An act to amend Sectionbegin delete 17280end deletebegin insert 71093end insert of the Education Code, relating tobegin delete school facilities.end deletebegin insert postsecondary education.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 986, as amended, Gipson. begin deleteSchool facilities: Field Act. end deletebegin insertCommunity Colleges: Compton Community College District: report.end insert

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Existing law establishes the California Community Colleges under the administration of the Board of Governors of the California Community Colleges. Existing law requires the board of governors to appoint a chief executive officer, known as the Chancellor of the California Community Colleges. Existing law provides for the establishment of community college districts throughout the state, including the Compton Community College District. Existing law authorizes these districts to provide instruction to students at the campuses operated by these districts.

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Existing law authorizes the board of governors to suspend the authority of the Board of Trustees of the Compton Community College District for a period lasting until June 30, 2011, plus a period lasting until the chancellor, the Fiscal Crisis and Management Assistance Team, the Director of Finance, and the Secretary for Education concur with the special trustee that the district, for 2 consecutive academic years, has met the requirements of the comprehensive assessment conducted, and the recovery plan prepared, pursuant to existing law. Existing law, in the event of a suspension, authorizes the chancellor to appoint a special trustee to manage the district, as specified.

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This bill would require the special trustee to report to the Legislature concerning the priorities identified in each Fiscal Crisis and Management Assistance Team report and to provide a response on how the special trustee intends to resolve the issues identified in the Fiscal Crisis and Management Assistance Team report in a timely manner, not to exceed 150 days from receipt of the report. In any instance that there is a decline in performance identified in a report, the special trustee would be required to also specifically identify strategies for ensuring progress in its response to that report. By imposing additional duties on a community college district, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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The Field Act requires the Department of General Services 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, if not exempted, to ensure that plans and specifications comply with the adopted rules and regulations and building standards published in regulations, and to ensure that the work of construction is performed in accordance with the approved plans and specifications for the protection of life and property.

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This bill would make nonsubstantive changes to the provision described above.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 71093 of the end insertbegin insertEducation Codeend insertbegin insert is amended
2to read:end insert

3

71093.  

Notwithstanding any other provision of law:

P3    1(a) The board of governors may authorize the chancellor to
2suspend the authority of the Board of Trustees of the Compton
3Community College District, or of any of the members of that
4board, to exercise any powers or responsibilities or to take any
5official actions with respect to the management of the district,
6including any of the district’s assets, contracts, expenditures,
7facilities, funds, personnel, or property. The board of governors
8may authorize suspension for a period up to five years from the
9effective date of Assembly Bill 318 of the 2005-06 Regular
10Session, plus a period lasting until the chancellor, the Fiscal Crisis
11and Management Assistance Team, the Director of Finance, and
12the Governor concur with the special trustee that the district has,
13for two consecutive academic years, met the requirements of the
14comprehensive assessment conducted, and the recovery plan
15prepared, pursuant to Section 41329.59.

16(b) A suspension authorized by this section becomes effective
17immediately upon the delivery of a document to the administrative
18offices of the Compton Community College District that sets forth
19the finding of the chancellor that a suspension pursuant to this
20section is necessary for the establishment of fiscal integrity and
21security in that district.

22(c) (1) If and when the chancellor suspends the authority of the
23Board of Trustees of the Compton Community College District or
24any of its members pursuant to this section, the chancellor may
25appoint a special trustee as provided in paragraph (3) of subdivision
26(c) of Section 84040, at district expense, to manage the district.
27The chancellor is authorized to assume, and delegate to the special
28trustee, those powers and duties of the Board of Trustees of the
29Compton Community College District that the chancellor
30determines, with the approval of the board of governors, are
31necessary for the management of that district. The Board of
32Trustees of the Compton Community College District may not
33exercise any of the duties or powers assumed by the chancellor
34under this section.

35(2) The chancellor may appoint as a special trustee under this
36section a person who has served in a similar capacity prior to the
37enactment of the act that adds this section. A special trustee
38appointed under this section shall serve at the pleasure of the
39chancellor.

P4    1(3) Notwithstanding any other provision of law, in order to
2facilitate the appointment of the special trustee, the chancellor is
3exempt, for the purposes of this section, from the requirements of
4Article 6 (commencing with Section 999) of Chapter 6 of Division
54 of the Military and Veterans Code and Part 2 (commencing with
6Section 10100) of Division 2 of the Public Contract Code.

7(d) Notwithstanding any other provision of law, at any time that
8this section is in effect, the chancellor is authorized to assume, and
9delegate to the special trustee, those powers and duties of the
10Compton Community College District Personnel Commission that
11the chancellor determines are necessary for the management of
12the personnel functions of the Compton Community College
13District. The personnel commission may not exercise any of the
14powers or duties assumed by the chancellor.

15(e) Notwithstanding any other provision of law, if the special
16trustee has been a member of the State Teachers’ Retirement
17System or the Public Employees’ Retirement System at any time
18prior to appointment, he or she shall, for the period of service as
19special trustee, be a member of the system to which he or she
20belonged, unless the special trustee elects, in writing, not to be a
21member. If the special trustee chooses to be a member, the special
22trustee shall be placed on the payroll of the district, or the payroll
23of another local education agency or other entity with which the
24district has an exchange agreement pursuant to Section 87422 or
25other applicable provisions of law, for the purpose of providing
26appropriate contributions to the applicable retirement system.

27(f) The special trustee appointed pursuant to this section is
28authorized to do all of the following:

29(1) Implement substantial changes in the fiscal policies and
30practices of the Compton Community College District.

31(2) Revise the academic program of the Compton Community
32College District to reflect realistic income projections in response
33to the dramatic effect of the changes in fiscal policies and practices
34upon program quality.

35(3) Encourage all members of the college community to accept
36a fair share of the burden of the full recovery of the Compton
37Community College District in the five operational areas of finance,
38academics, personnel facilities, and governance.

39(4) Enter into agreements on behalf of the Compton Community
40College District and, subject to any contractual and statutory
P5    1obligation of the Compton Community College District, change
2any existing district rules, regulations, policies, or practices as
3necessary for the effective implementation of the recovery plan.
4Any agreement authorized by this section shall be binding upon
5the district for the term of the agreement, notwithstanding the
6removal of the special trustee for any reason or the reinstatement
7of any powers or responsibilities of the board of trustees. No
8agreement authorized by this paragraph shall materially impair the
9security and other interests of the holders of any bonds issued
10pursuant to Article 9 (commencing with Section 63049.67) of
11Chapter 2 of Division 1 of Title 6.7 of the Government Code.

12(5) Appoint an advisory committee to advise the special trustee
13with respect to the management of the Compton Community
14College District and the establishment and implementation of the
15arrangements for provision of services by a partner district pursuant
16to Article 5 (commencing with Section 74292) of Chapter 5 of
17Part 46. This advisory committee may include residents of the
18communities served by the Compton Community College District,
19and any outside experts deemed appropriate by the special trustee.
20No member of the advisory committee shall receive any
21compensation or benefits for his or her services as a member of
22the advisory committee.

23(g) In the event of a vacancy in the special trustee position, the
24chancellor shall temporarily assume all of the powers and duties
25of the special trustee until another special trustee can be appointed
26pursuant to this section.

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27(h) The special trustee shall report to the Legislature concerning
28the priorities identified in each Fiscal Crisis and Management
29Assistance Team report and shall provide a response on how the
30special trustee intends to resolve the issues identified in the Fiscal
31Crisis and Management Assistance Team report in a timely
32manner, not to exceed 150 days from receipt of the report. In any
33instance that there is a decline in performance, the special trustee
34shall specifically identify strategies for ensuring progress in its
35response to that report.

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36begin insert

begin insertSEC. 2.end insert  

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If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
39pursuant to Part 7 (commencing with Section 17500) of Division
404 of Title 2 of the Government Code.

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P6    1

SECTION 1.  

Section 17280 of the Education Code is amended
2to read:

3

17280.  

(a) (1) The Department of General Services under the
4police power of the state shall supervise the design and construction
5of any school building or the reconstruction or alteration of or
6addition to any school building, if not exempted under Section
717295, to ensure that the plans and specifications comply with the
8rules and regulations adopted pursuant to this article and building
9standards published in Title 24 of the California Code of
10Regulations, and to ensure that the work of construction is
11performed in accordance with the approved plans and
12specifications, for the protection of life and property. This article
13does not allow a school district to perform work with its own forces
14in excess of the limitations set forth in Sections 17595 and 17599.
15In calculating the cost of any project of reconstruction or alteration
16of, or addition to, any school building for the purpose of
17determining the applicability of the rules and regulations adopted
18pursuant to this article and building standards published in Title
1924 of the California Code of Regulations, the Department of
20General Services shall not include, as an element of that cost, any
21expenses of air-conditioning equipment or insulation materials for
22that building, or of installing the equipment or materials.

23(2) In the alternative, for a leased or purchased building, a school
24district may comply with this section by complying with Section
2517280.5.

26(b) Whenever repairs due to fire damage must be made to any
27school building previously approved by the Department of General
28Services, the approved plans and specifications used in the original
29work under then existing rules, regulations, and building standards
30may be used without modification, providing all other provisions
31of this article are carried out. This subdivision does not apply to
32damage caused by wind or earthquake.

33(c) Notwithstanding any other law, a school district shall not
34be authorized to construct or reconstruct any school building,
35regardless of the source of funding, unless and until the governing
36board of the district, by resolution, indicates the agreement of the
37district that any school building construction or reconstruction that
38exceeds those construction costs and allowable area standards or
39any allowable building area computed for an attendance area
40pursuant to Section 17041 shall, in the event of the district’s
P7    1subsequent application for state funding for school facility
2construction, be deducted from the allowable building area for
3which the district would otherwise have been eligible. This
4restriction shall not be subject to waiver or exception as otherwise
5may be provided by law.

6(d) If it is determined that, for any reason, a school district failed
7to comply with the requirement of this section, the district shall
8not be eligible for any additional building area pursuant to Section
917049 and may be denied any time priority established for the
10particular project pursuant to Section 17016.

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