BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 572             
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          |Author:    |Pan                                                  |
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          |Version:   |April 6,  2015                              Hearing  |
          |           |Date:    April 15, 2015                              |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Kathleen Chavira                                     |
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          Subject:  School facilities:  school district advisory  
          committee:  use or disposition of ????..school buildings

            SUMMARY
          
          This bill requires the governing board of a school district to  
          appoint a district advisory committee to advise in the  
          development of districtwide policies and procedures about the  
          use and disposition of school buildings, and specifically  
          requires its appointment prior to the closing of a school within  
          the district.

            BACKGROUND
          
          Existing law declares the intent of the Legislature that the  
          community be involved before decisions are made about school  
          closure or the use of surplus space. 
          (Education Code § 17387)

          Existing law authorizes the governing board of any school  
          district to appoint a district advisory committee to advise the  
          governing board in the development of districtwide policies and  
          procedures governing the use or disposition of school buildings  
          or space in school buildings which is not needed for school  
          purposes.  Existing law requires the appointment of a  
          districtwide advisory committee purpose prior to the sale,  
          lease, or rental of any excess real property, but makes an  
          exception to this requirement for rentals for 30 days or less.   
          (Education Code § 17388)








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          Existing law outlines the membership of the district advisory  
          committee and its duties.  (Education Code § 17389-17390)

            ANALYSIS
          
          This bill expands the requirements for establishing a school  
          district advisory relative to the use of school buildings.   
          Specifically it:

          1.   Deletes the requirement that the advisory committee be  
               appointed prior to the sale, lease or rental of excess  
               property.

          2.   Requires the appointment of a school district advisory  
               committee:

                    A.             To advise in the development of  
                    districtwide policies and procedures around the use  
                    and disposition of buildings, or space within  
                    buildings, which are not needed for school purposes.

                    B.             Prior to closing a school to advise the  
                    board in the development of districtwide policies and  
                    procedures governing the closure of the school. 

          STAFF COMMENTS
          
          1.   Need for the bill.  This bill is prompted by the closure of  
               two Sacramento schools.  According to the author, parents  
               and community stakeholders were brought into the  
               conversation after the school board had already decided to  
               close the school. SB 572 would seek to establish a district  
               advisory committee (DAC) for the purpose of advising the  
               school board whether or not to close a school and to  
               determine how to move forward based upon the decision.  The  
               decision to close a school can profoundly affect parents,  
               entire communities, district personnel, and of course,  
               students.  At the same time, a decision to not close a  
               school faced with declining enrollment, performance, and  
               financial support, can be irresponsible. In either case,  
               the author opines that it is vital to engage the community,  
               parents, district personnel, and students throughout the  
               entire decision process because their lives are most  
               affected. Current law allows, but does not require the use  








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               of an advisory committee before decisions are made about  
               school closure.  This bill would require the creation of a  
               district advisory committee by every school district  
               governing board. 

          2.   School closures. It is unclear how many school closures  
               occur in California annually.  While districts do generally  
               notify the California Department of Education (CDE) of  
               school closures, due to the broad definitions used to  
               define a "closure" the data collected is problematic and  
               potentially overstates the type of "closure" intended to be  
               affected by this bill.  It is also unclear how many  
               districts that initiate a school closure already establish  
               a DAC.  According to information provided by the author,  
               nationally about 1% of schools have closed since 1995. 

               Current law does not require a district to take specific  
               steps when closing a school, but does specify the  
               Legislature's intent that there be community involvement  
               prior to these decisions being made.  The CDE has developed  
               a Closing a School Best Practices Guide, available on its  
               website, which recommends that a DAC be formed for this  
               purpose and be involved in the fact-finding necessary for  
               an informal recommendation about school closure. The CDE  
               recommends the statutory DAC be expanded to include a  
               cross-section of community members who have an interest in  
               and may be affected by school closures. The CDE also  
               recommends that the DAC duties involve the determination of  
               enrollment projections and their impact on surplus space,  
               that it  inventory the capacity and conditions of existing  
               facilities, determine per-student operating costs at each  
               facility; consider the uniqueness of the educational  
               program at each site, evaluate specific schools considered  
               for closure and identify specific new environmental/safety  
               concerns for each site, determine projected cost-savings  
               for each school considered for closure; identify  
               housing/transportation options for displaced students,  
               consider cost benefits of various property disposition/use  
               options, recommend transition strategies; make specific  
               recommendations about specific school sites to the board,  
               and assess the impact of school closure on district's  
               insurance coverage.

          3.   District Advisory Committee (DAC).  Current law only  








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               requires a DAC to be established prior to the sale, lease,  
               or rental of any excess real property. While the stated  
               intent of the author is to ensure that an affected  
               community is granted the opportunity to participate in  
               decisions surrounding school closures, this bill mandates  
               that all districts establish a DAC regardless of whether a  
               school is being closed or property is being sold, leased or  
               rented.

               Rather than establish a broad new mandate, staff recommends  
               the bill be amended to restore current law, and to  
               specifically require that a DAC be established prior to the  
               closure of a school.  Staff further recommends the bill be  
               amended to outline the membership and duties of the DAC for  
               this purpose consistent with the elements of the Closing a  
               School Best Practices Guide outlined in staff comment #2.

            SUPPORT
          
          California Association of Student Councils
          United Way

            OPPOSITION
           
           None received. 

                                      -- END --