AB 1088, as introduced, O'Donnell. School facilities: bond act: Greene Act.
(1) The California Constitution prohibits the Legislature from creating a debt or liability that singly or in the aggregate with any previous debts or liabilities exceeds the sum of $300,000, except by an act that (A) authorizes the debt for a single object or work specified in the act, (B) has been passed by a 2⁄3 vote of all the Members elected to each house of the Legislature, (C) has been submitted to the people at a statewide general or primary election, and (D) has received a majority of all the votes cast for and against it at that election.
This bill would state the intent of the Legislature to enact legislation that would create the Kindergarten-University Public Education Facilities Bond Act of a year to be determined, a state general obligation bond act that would provide funds to construct and modernize education facilities, to become operative only if approved by the voters at a statewide general election to be determined, and to provide for the submission of the bond act to the voters at that election.
(2) Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for construction and modernization of school facilities and requires a school district’s ongoing eligibility for new construction to be based, in part, on a calculation of existing school building capacity.
The act requires, for purposes of determining existing school building capacity, the calculation to be adjusted as required for first priority status, as provided, relating to multitrack year-round schools, and requires, notwithstanding those provisions, the existing school building capacity for a high school district to be calculated without regard to multitrack year-round school considerations.
This bill would repeal that provision.
(3) Existing law requires the State Allocation Board and the State Department of Education to conduct specified evaluations related to the construction of small high schools and requires those evaluations to be used to inform the direction of future school facilities construction and related bond measures.
This bill would repeal that provision.
(4) This bill also would delete obsolete provisions and would correct a cross-reference.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature to enact
2legislation that would create the Kindergarten-University Public
3Education Facilities Bond Act of ____, to become operative only
4if approved by the voters at the ____ statewide general election,
5and to provide for the submission of the bond act to the voters at
6that election. It is also the intent of the Legislature that the bond
7act, if approved by the voters at that election, would provide for
8the issuance of ____ ($____) of state general obligation bonds to
9provide aid to school districts, county superintendents of schools,
10county boards of education, the California Community Colleges,
11the California State University, and the University of California,
12including the Hastings College of the Law, to construct and
13modernize education
facilities.
Section 17070.99 of the Education Code is repealed.
(a) The board shall conduct an evaluation on the
16cost of new construction and modernization of small high schools
P3 1in conjunction with the pilot program established pursuant to
2subdivision (c) of Section 17072.10, as it read on January 1, 2005.
3(b) The State Department of Education shall conduct an
4evaluation that focuses on pupil outcomes, including, but not
5limited to, academic achievement and college attendance rates, at
6the small high schools constructed pursuant to subdivision (c) of
7Section 17072.10, as it read on January 1, 2005, and on the reasons
8school districts do not currently opt to build small high schools.
9(c) The evaluations required pursuant to subdivisions (a) and
10(b) shall be completed no later than two years after the opening of
11the last small high school constructed pursuant to subdivision (c)
12of Section 17072.10, as it read on January 1, 2005.
13(d) The evaluations conducted pursuant to subdivisions (a) and
14(b) shall be used to inform the direction of future school facilities
15construction and related bond measures.
Section 17071.33 of the Education Code is repealed.
(a) For the purposes of determining existing school
18building capacity, the calculation shall be adjusted as required for
19first priority status pursuant to Section 17017.7 as that calculation
20would have been made under the policies of the board in effect
21immediately preceding September 1, 1998.
22(b) Notwithstanding subdivision (a), with respect to a high
23school district, the existing school building capacity shall be
24calculated without regard to multitrack year-round school
25considerations.
Section 17071.35 of the Education Code is repealed.
Notwithstanding any other provisions of law, the
28maximum school building capacity for each applicant district shall
29be increased by the number of pupils reported by the
30Superintendent of Public Instruction for that grade level pursuant
31to Section 42268. This adjustment shall be calculated on the basis,
32at the district’s option, of either the district as a whole or the
33appropriate attendance area.
Section 17071.40 of the Education Code is repealed.
Each school on a year-round, multitrack calendar
36that has a density of 200 or more pupils enrolled per acre, that is
37located in a school district with 40 percent of its pupils attending
38multitrack, year-round schools shall be exempted from the increase
39in school building capacity required by Section 17071.35. Nothing
P4 1in this section shall be construed as exempting the school from the
2requirements of Section 17071.33.
Section 17074.26 of the Education Code is amended
4to read:
The board shall adopt regulations to adjust the
6per-pupil amounts set forth in Sectionbegin delete 17074.14end deletebegin insert 17074.10end insert for
7modernization projects for school buildings that are 50 years old
8or older based upon the higher costs associated with modernizing
9older buildings.
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