BILL NUMBER: SB 1562 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Greene
FEBRUARY 15, 1996
An act to add Part 10.5 (commencing with Section 17211) and Part
23 (commencing with Section 38000) to, to repeal and add Part 10
(commencing with Section 15100) of, and to repeal Part 10.5
(commencing with Section 17900) and Part 23 (commencing with Section
39001) of, the Education Code, and to repeal Sections 53080, 53080.1,
53080.15, 53080.2, 53080.3, 53080.4, 53080.6, and 53081 of the
Government Code, relating to school facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 1562, as introduced, Greene. School facilities.
(1) Existing law includes various state general obligation bond
acts, as approved by the voters, that provide for the issuance of
bonds to raise revenues for, among other purposes, elementary and
secondary school facility construction.
This bill would repeal and reenact the provisions governing state
school bonds including the State School Building Aid Law of 1949,
the State School Building Aid Law of 1952, the State School
Construction Law of 1957, and the Urban School Construction Aid Law
of 1968.
(2) Existing law, the Leroy F. Greene State School Building
Lease-Purchase Law of 1976, provides bond funding for the
construction, reconstruction, modernization, and replacement of
school facilities and the performance of deferred maintenance
activities on school facilities.
This bill would repeal and reenact this law and would make
technical, nonsubstantive changes in those provisions.
(3) Existing law also provides for the Emergency School Classroom
Law of 1979, school district revenue bonds, the Archie-Hudson and
Cunneen School Technology Revenue Bond Act, and the California School
Finance Authority.
This bill would repeal and reenact those bodies of law and would
make technical, nonsubstantive changes in those provisions.
(4) Existing law sets forth specific requirements for the location
and construction of school buildings including, among other
provisions, the Field Act.
This bill would repeal and reenact those provisions and would
technical, nonsubstantive changes in those provisions.
(5) Under existing law, the governing board of any school district
is authorized to levy a fee, charge, dedication, or other
requirement against any development project within the boundaries of
the school district for the purpose of funding the construction or
reconstruction of school facilities.
This bill would repeal and add those provisions and would make
technical, nonsubstantive changes in those provisions.
This bill would provide that it is to be construed as a
restatement and not as a new enactment.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 10 (commencing with Section 15100) of the
Education Code is repealed.
SEC. 2. Part 10 (commencing with Section 15100) is added to the
Education Code, to read:
PART 10. SCHOOL BONDS
CHAPTER 1. BONDS OF SCHOOL DISTRICTS AND COMMUNITY COLLEGE
DISTRICTS
Article 1. Purposes for Authorizing Bonds
15100. Except as otherwise provided by law, the governing board
of any school district or community college district may, when in its
judgment it is advisable, and shall, upon a petition of the majority
of the qualified electors residing in the school district or
community college district, order the county superintendent of
schools to call an election and submit to the electors of the
district the question whether the bonds of the district shall be
issued and sold for the purpose of raising money for the following
purposes:
(a) The purchasing of school lots.
(b) The building or purchasing of school buildings.
(c) The making of alterations or additions to the school building
or buildings other than as may be necessary for current maintenance,
operation, or repairs.
(d) The repairing, restoring, or rebuilding of any school building
damaged, injured, or destroyed by fire or other public calamity.
(e) The supplying of school buildings and grounds with furniture,
equipment, or necessary apparatus of a permanent nature.
(f) The permanent improvement of the school grounds.
(g) The refunding of any outstanding valid indebtedness of the
district, evidenced by bonds, or of state school building aid loans.
(h) The carrying out of the projects or purposes authorized in
Section 17577 or 81613.
(i) The purchase of schoolbuses the useful life of which is at
least 20 years.
(j) The demolition or razing of any school building with the
intent to replace it with another school building, whether in the
same location or in any other location.
Any one or more of the purposes enumerated, except that of
refunding any outstanding valid indebtedness of the district
evidenced by bonds, may, by order of the governing board entered in
its minutes, be united and voted upon as one single proposition.
15101. Notwithstanding any provision of law to the contrary, no
election shall be held pursuant to this chapter within 45 days before
a statewide election or within 45 days after a statewide election
unless conducted at the same time as the statewide election, subject
to Part 3 (commencing with Section 10400) of Division 10 of the
Elections Code.
15102. The total amount of bonds issued shall not exceed 1.25
percent of the taxable property of the district as shown by the last
equalized assessment of the county or counties in which the district
is located. For purposes of this section, the taxable property of a
district for any fiscal year shall be calculated to include, but not
be limited to, the assessed value of all unitary and operating
nonunitary property of the district, which shall be derived by
dividing the gross assessed value of the unitary and operating
nonunitary property within the district for the 1987-88 fiscal year
by the gross assessed value of all unitary and operating nonunitary
property within the county in which the district is located for the
1987-88 fiscal year, and multiplying that result by the gross
assessed value of all unitary and operating nonunitary property of
the county on the last equalized assessment roll.
15103. Notwithstanding any other provision of law, for the
purpose of computing the limit on the amount of bonds which may be
issued by a district pursuant to the provisions of this chapter, the
taxable property of the district shall be determined upon the basis
that the district's assessed value has not been reduced by the
exemption of the assessed value of business inventories in the
district or reduced by the homeowner's property tax exemption.
15105. For the purpose of the provisions of Sections 15102 and
15106 which require that the valuation as shown on the last equalized
assessment roll be modified pursuant to Section 41201 or 84201, the
"current year" as used in Section 41201 or 84201 shall be deemed to
be the latest fiscal year for which there exists a last equalized
county assessment roll as ascertained in accordance with Chapter 3
(commencing with Section 2050) of Part 3 of Division 1 of the Revenue
and Taxation Code, and the term "two immediately preceding years"
shall be deemed to be the two fiscal years immediately preceding the
fiscal year for which the last equalized county assessment roll
exists. Whenever in any year it becomes necessary to determine the
modification under Sections 15102 and 15106, at a time between the
date when the assessment roll for that year becomes the last
equalized county assessment roll ascertained under Chapter 3 and the
date when the factor for the current year is certified and becomes
available, the factor for the current year shall be deemed to be
1.00.
15106. Any unified school district or community college district
may issue bonds not to exceed 2.5 percent of the taxable property of
the district as shown by the last equalized assessment of the county
or counties in which the district is located.
In computing the outstanding bonded indebtedness of any unified
school district or community college district for all purposes of
this section, any outstanding bonds shall be deemed to have been
issued for elementary school purposes, high school purposes, and
community college purposes, respectively, in the respective amounts
that the proceeds of the sale of those outstanding bonds, excluding
any premium and accrued interest received on that sale, were or have
been allocated by the governing board of the unified school district
or community college district to each of those purposes respectively.
(a) For the purposes of the State School Building Aid Law of 1952
with respect to applications for apportionments and apportionments
filed or made prior to September 15, 1961, and to the repayment
thereof, Chapter 6 (commencing with Section 15700) of this part,
inclusive, only, any unified school district shall be considered to
have a bonding capacity in the amount permitted by law for an
elementary school district and a bonding capacity in the amount
permitted by law for a high school district.
(b) For purposes of this section, the taxable property of a
district for any fiscal year shall be calculated to include, but not
be limited to, the assessed value of all unitary and operating
nonunitary property of the district, which shall be derived by
dividing the gross assessed value of the unitary and operating
nonunitary property within the district for the 1987-88 fiscal year
by the gross assessed value of all unitary and operating nonunitary
property within the county in which the district is located for the
1987-88 fiscal year, and multiplying the result by the gross assessed
value of all unitary and operating nonunitary property of the county
on the last equalized assessment roll. In the event of the
unification of two or more school districts or community college
districts subsequent to the 1987-88 fiscal year, the assessed value
of all unitary and operating nonunitary property of the unified
district or community college district shall be deemed to be the
total of the assessed value of the taxable property of each of the
unifying districts as that assessed value would be determined under
Section 15102.
15107. In computing the limitation of indebtedness of any school
district or community college district of any kind or class
heretofore or hereafter formed or organized, hereinafter in this
section referred to as the "bonding district," the outstanding
indebtedness of any previously existing district all or any part of
which forms a component part of the bonding district and the
outstanding indebtedness of any district for which any territory
which has become a part of the bonding district is liable shall be
excluded and shall not be deemed, for the purposes of computing the
limitation of indebtedness under Section 15102 or 15106, to
constitute outstanding indebtedness of the bonding district, except
to the extent that the outstanding indebtedness has been expressly
assumed by the bonding district by vote of not less than two-thirds
of the electors of the bonding district voting at an election at
which the proposition of assuming the indebtedness is voted upon.
Nothing herein contained shall operate to release any property from
liability for taxes to pay the principal and interest of indebtedness
incurred by any component district or for which any territory which
has become a part of the bonding district is liable and in which the
taxable property is located at the time of the incurring of the
indebtedness. It is the intent of the Legislature to provide in this
section a special method of computing the limitation of indebtedness
of school districts or community college districts irrespective of
liability of the area embraced within the school districts for the
payment of any bonded indebtedness.
15108. For the purpose of determining the limitation of
indebtedness of a school district or community college districts of
any type or class under Section 15102 or 15106, that portion of the
bonded indebtedness of the district for which another district or
territory in another district is liable shall be excluded and shall
not be deemed to constitute outstanding bonded indebtedness of the
district.
15109. Where an elementary school district and a high school
district with a combined average daily attendance of 300,000 or more
are governed by the same governing board, and the pupils in grades
seven and eight in the districts are in attendance at high schools
maintained by the high school district, the governing board, by
resolution filed with the county auditor, may provide that the bond
issuance limitations determined under Section 15102 shall be adjusted
by reducing the bond issuance limitation of the elementary school
district by 1 percent of its total and by augmenting the bond
issuance limitation for the high school district by the amount by
which that of the elementary district was reduced.
15110. An action to determine the validity of bonds and of the
ordering of the improvement or acquisition may be brought pursuant to
Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the
Code of Civil Procedure. In such action, all findings, conclusions
and determinations of the legislative body which conducted the
proceedings shall be conclusive in the absence of actual fraud.
15111. The governing board of each school district or community
college district shall, within 30 days after the end of each fiscal
year, submit to the county superintendent of schools who has
jurisdiction over the school district or community college district a
report containing the following information, concerning any election
held pursuant to Sections 4152, 15120, 15121, and 16058 for the
approval of the issuance of bonds or the assumption of any bonded
indebtedness or other indebtedness:
(1) The total amount of the bond issue, bonded indebtedness or
other indebtedness involved.
(2) The percentage of registered electors of the district who
voted at the election.
(3) The results of the election, with the percentage of votes cast
for and against the proposition involved.
Article 2. General Provisions for Bond Elections
15120. The election shall be conducted as provided in Chapter 3
(commencing with Section 5300) of Part 4, except with respect to each
of the following:
(1) As otherwise provided in Sections 15100 to 15126, inclusive.
(2) That the formal notice of the election shall contain, in
addition to the items specified in Section 5361, each of the
following:
(a) The purposes for which the bonds are to be issued.
(b) The amount of the bonds.
(c) The maximum rate of interest, not to exceed the maximum rate
of interest allowed by Sections 15140 to 15143.
(d) The maximum number of years, not to exceed 25, not to exceed
which the bonds or any series thereof are to run.
No election shall be held under this section in any school
district for a period of 90 days after the election in the same
school district.
15121. Any election called pursuant to Sections 15100 to 15141,
inclusive, and Sections 15142 to 15261, inclusive, may be
consolidated with any other election pursuant to Part 3 (commencing
with Section 10400) of Division 10 of the Elections Code.
15122. The words to appear upon the ballots shall be "Bonds--Yes"
and "Bonds--No," or words of similar import. A brief statement of
the proposition, setting forth the amount of the bonds to be voted
upon, the maximum rate of interest, and the purposes for which the
proceeds of the sale of the bonds are to be used, shall be printed
upon the ballot. No defect in the statement other than in the
statement of the amount of the bonds to be authorized shall
invalidate the bonds election.
15123. The form and details of all ballots at school district or
community college bond elections shall comply with ballot provisions
of this code applicable to governing board member elections with
additional requirements as provided for in this chapter.
15124. If it appears from the certificate of election results
that two-thirds of the votes cast on the proposition of issuing bonds
of the district are in favor of issuing the bonds; or, a majority of
the votes cast, if the election is held to repair, reconstruct or
replace school buildings in compliance with Section 17367 or 81162 or
any other provision of law, the governing board of the school
district or community college shall cause an entry of that fact to be
made upon its minutes. The governing board shall then certify to
the board of supervisors of the county whose superintendent of
schools has jurisdiction over the district, all proceedings had in
the premises. The county superintendent of schools shall send a copy
of the certificate of election results to the board of supervisors
of the county.
15125. The proceedings relating to the authorization of bonds of
a joint school district of any type need be certified only to the
board of supervisors of the county whose superintendent of schools
has jurisdiction over the district. The board of supervisors may
issue and sell the bonds and no action of the board of supervisors of
any other county in which the district is situated shall be required
in connection with the issuance and sale, and the bonds need not be
signed by any officer of any the other county.
15126. No error, irregularity, or omission which does not affect
the substantial rights of the taxpayers within the district or the
electors voting at any election at which bonds of any district are
authorized to be issued shall invalidate the election or any bonds
authorized.
Article 3. Issuance and Sale of Bonds
15140. Bonds of a school district or community college district
shall be offered for sale by the board of supervisors of the county,
the county superintendent of which has jurisdiction over the
district, or the community college district governing board, where
appropriate, as soon as possible following receipt of a resolution
duly adopted by the governing board of the school district or
community college district. The resolution shall prescribe the total
amount of bonds to be sold. The resolution may also prescribe the
maximum acceptable interest rate, not to exceed 8 percent, and the
time or times when the whole or any part of the principal of the
bonds shall be payable, which shall not be more than 25 years from
the date of the bonds.
15141. When authorized by the governing board of a school
district or a community college district, bonds of a school district
or a community college district may be offered for sale as a group by
the board of supervisors of the county, the county superintendent of
schools, or the governing board of a community college district,
which has jurisdiction over the district, at a time determined by the
board of supervisors following receipt of a resolution duly adopted
by the governing board of the school district or community college
district. The resolution shall prescribe the total amount of bonds
to be sold. The resolution may also prescribe the maximum acceptable
interest rate, not to exceed 8 percent, and the time or times when
the whole or any part of the principal of the bonds shall be payable,
which shall not be more than 25 years from the date of the bonds.
Bidders shall be required to bid a lump sum bid on all bonds as a
group. If bids satisfactory to the governing board of each school
district included in the group are received, the bonds offered for
sale shall be awarded to the bidder whose bid will result in the
lowest net interest cost for the group or for the bonds of any
district included within the group. Bonds shall be issued and sold
in the name of each school district or a community college district
in the same manner as provided in this chapter.
15142. The bonds shall be issued in the denomination or
denominations as the board of supervisors or governing board of the
community college district may prescribe.
15143. The bonds shall not bear a rate of interest greater than 8
percent per annum, payable annually or semiannually.
15144. The number of years the whole or any part of the bonds are
to run shall not exceed 25 years, from the date of the bonds or the
date of any series thereof.
15145. (a) The board of supervisors by an order entered upon its
minutes shall prescribe the form of the bonds. The bonds shall be
signed by the chairperson of the board of supervisors, or by any
other member thereof as the board of supervisors shall, by resolution
adopted by a four-fifths vote of all its members, authorize and
designate for that purpose, and also signed by the treasurer of the
county, and shall be countersigned by the clerk of the board of
supervisors or by a deputy of either of the officers. Unless the
board of supervisors otherwise provides, all the signatures and
countersignatures may be printed, lithographed, engraved, or
otherwise mechanically reproduced except that one of the signatures
or countersignatures to the bonds shall be manually affixed. Any
signature may be affixed in accordance with the provisions of the
Uniform Facsimile Signatures of Public Officials Act, Chapter 6
(commencing with Section 5500) of Title 1 of the Government Code.
All expense incurred for the preparation, sale, and delivery of the
school bonds, including but not limited to, fees of an independent
financial consultant, the publication of the official notice of sale
of the bonds, the preparation, printing and distribution of the
official statement, the obtaining of a rating, the purchase of
insurance insuring the prompt payment of interest and principal, the
preparation of the certified copy of the transcript for the
successful bidder, the printing of the bonds, and legal fees of
independent bond counsel retained by the school district or community
college district issuing the bonds are legal charges against the
funds of the district issuing the bonds and may be paid from the
proceeds of sale of the bonds.
(b) Notwithstanding subdivision (a), the board of supervisors may,
in its discretion, determine that all of the required signatures and
countersignatures shall be by facsimiles, provided, however, that
the bonds shall not be valid or become obligatory for any purpose
until manually signed by an authenticating agent duly appointed by
the board or its authorized designee.
15146. The bonds shall be issued by the board of supervisors,
payable out of the interest and sinking fund of the district. The
board of supervisors, in its discretion, and without further
authorization from the governing board, may sell the bonds at a
negotiated sale or by competitive bidding. The bonds may be sold at
a discount not to exceed 5 percent and at an interest rate not
exceeding the maximum permitted by law. If the sale is by
competitive bid, the board of supervisors shall comply with Sections
15147 and 15148. The bonds shall be sold by the board of supervisors
no later than the date designated by the governing board of the
school district or community college district as the final date for
the sale of the bonds. The proceeds of the sale of the bonds,
exclusive of any premium received, shall be deposited in the county
treasury to the credit of the building fund of the school district,
or community college district as designated by the California
Community Colleges Budget and Accounting Manual. The proceeds
deposited shall be drawn out as other school moneys are drawn out.
The bond proceeds withdrawn shall not be applied to any other
purposes than those for which the bonds were issued. Any premium or
accrued interest received from the sale of the bonds shall be
deposited in the interest and sinking fund of the district.
15147. Before selling the bonds, or any part of them, the board
of supervisors or community college district, as appropriate, shall
advertise for bids at least two weeks in some daily or weekly
newspaper of general circulation published in the county whose
county superintendent of schools or governing board of the community
college district has jurisdiction over the district, or if there is
no newspaper published in the county, in a newspaper published in
some other county in the state having a general circulation in the
county.
15148. If satisfactory bids are received, the bonds offered for
sale shall be awarded to the highest responsible bidder or bidders,
and the county clerk shall prepare and certify to all of the
proceedings on file in his office relative to the issuance and sale
of the bonds, which transcript of proceedings shall be delivered to
the successful bidder or bidders without charge. If no bids are
received, or if the board determines that the bids received exceed
either the maximum acceptable interest rate prescribed by the
governing board or the maximum rate prescribed by Section 15143, or
that they are not satisfactory as to price or responsibility of the
bidders, the board may reject all bids received, if any, and without
further authorization from the governing board, either readvertise or
sell the bonds at private sale.
For the purpose of determining whether or not a bid exceeds the
maximum acceptable interest rate, the interest rate of that bid shall
be deemed to be the interest rate resulting from the total net
interest cost arrived at by computing the total amount of interest
which the district would be required to pay from the date of the
bonds to the respective maturity dates thereof at the rate or rates
specified in the bid and by deducting therefrom any premium bid.
15149. The issuing school district or community college district
by action of its governing board may prepare, or have prepared, bond
brochures to serve as a prospectus for bond buyers to assist in the
satisfactory sale of the bonds, the expense of the brochures to be
payable out of the funds of the district. The brochures may be
prepared only after the issuance of the bonds to be sold has been
approved by the electors of the district pursuant to Sections 15120
to 15126, inclusive.
The issuing school district or community college district by
action of its governing board may expend district funds for the
purposes of advertising the availability of the bonds for purchase in
any publication or newspaper which in the opinion of the governing
board will give notice to prospective bond buyers that the bonds are
available for purchase by bond buyers.
Article 4. Required Form of Bonds
15180. Whenever under Sections 15100 and 15102, and Sections
15107 to 15140, inclusive, and Sections 15142 to 15261, inclusive,
any bonds are issued, the bonds may be issued either in the form of
coupon bonds, or in the form of registered bonds, or some in the form
of coupon bonds and some in the form of registered bonds, as may be
provided in the proceedings for the issuance of the bonds, and
notwithstanding any language or provision to the contrary contained
in any statute authorizing the issuance of the bonds, or in any other
law.
15181. If any officer whose signature, countersignature, or
attestation appears on any school bonds or coupons ceases to be an
officer before the delivery of the bonds to the purchaser, the
signature, countersignature, or attestation either on the bonds or
the coupons, or on both, is nevertheless valid and sufficient for all
purposes the same as if the officer had remained in office until the
delivery of the bonds, and the signature upon the coupons of the
person who is auditor at the date of the bonds, is valid although the
bonds themselves may be attested by a different person who is
auditor at the time of delivery of the bonds.
15182. Any bonds executed in the manner provided by the board of
supervisors shall be valid, notwithstanding any change in the
officers who signed the bonds or the coupons, or in the seal of the
board of supervisors, occurring after the execution.
Article 5. Registration of Bonds
15190. Whenever the owner of any coupon bond or of any bond
payable to bearer presents the bond to the treasurer or other officer
of the county in which the district is located, who by law performs
the duties of treasurer, with a request for the conversion of the
bond into a registered bond, the treasurer or other officer shall cut
off and cancel the coupons of the coupon bond, and shall stamp,
print, or write upon the coupon bond or other bond payable to the
bearer, either upon its back or upon its face, as may be convenient,
a statement to the effect that the bond is registered in the name of
the owner and that thereafter the interest and principal of the bond
are payable to the registered owner.
15191. After registration any bond may be transferred by the
registered owner in person, or by attorney duly authorized, on
presentation of the bond to the treasurer or other officer performing
the duties of treasurer. The bond may be again registered as before,
a similar statement being stamped, printed, or written thereon.
15192. The statement stamped, printed, or written upon the bond
may be substantially in the following form:
(Date, giving month, day, and year.)
This bond is registered pursuant to the statute in such
cases made and provided in the name of (insert name of owner)
and the interest and principal thereof are hereafter payable
to the
owner.
_______________________________
Treasurer (or other officer)
15193. After any bond has been registered as provided in this
article, the principal and interest of the bond shall be payable to
the registered owner.
15194. The treasurer or other officer shall keep in his or her
office a book or books which shall at all times show what bonds are
registered and in whose name respectively.
Article 6. Cancellation of Unsold Bonds
15200. If any bonds authorized under the provisions of Sections
15100 and 15102, and Sections 15107 to 15140, inclusive, and Sections
15142 to 15261, inclusive, have not been offered for sale for one
year from the date of the election at which they were authorized or
remain unsold for a period of six months after having been offered
for sale in the manner prescribed by the board of supervisors, the
governing board of the district, for which the bonds were authorized,
may petition the board of supervisors that has jurisdiction of the
issuance and sale of the bonds to cause the unsold bonds to be
canceled.
15201. Upon receiving the petition, signed by a majority of the
members of the governing board, the board of supervisors shall fix a
time for hearing it, which shall not be more than 30 days after
receipt of the petition, and shall cause a notice stating the time
and place of the hearing, and the object of the petition in general
terms, to be published for 10 days prior to the hearing, in a
newspaper published in the school district or community college
district, if there is one, and if there is no newspaper published in
the school district, in a newspaper published at the county seat of
the county.
15202. At the time and place designated in the notice, or at any
subsequent time to which the hearing may be postponed, the board of
supervisors shall hear any reasons that may be submitted for or
against the granting of the petition.
15203. If the board of supervisors deem it for the best interests
of the school district or community college district named in the
petition that the unsold bonds be canceled, it shall make and enter
an order in the minutes of its proceedings that the unsold bonds be
canceled. Upon the entry of the order the bonds and the vote by
which they were authorized to be issued shall cease to be of any
validity.
15204. The governing board of any school district or community
college district may petition the board of supervisors to cancel the
remaining authorization of that district to issue and sell bonds
resulting from any particular school bond election after the sale of
at least 90 percent of the bonds authorized at the election if the
amount of the remaining authorization is not more than twenty-five
thousand dollars ($25,000) and in the opinion of the governing board
the sale of the remaining bonds would not be economically justified.
Sections 15201 and 15202 shall be applicable and at or following,
the hearing provided in Section 15201 and 15202, the board of
supervisors, if it determines that the public interest will be served
thereby, may make and enter an order in the minutes of its
proceedings that the remaining authorization be canceled. Upon the
entry of the order the vote by which the remaining authorization was
created shall cease to be of any validity with respect to the
remaining authorization.
Article 7. Purchase of Bonds by Issuing School Districts and
Community College Districts
15220. The governing board of a school district or community
college district may purchase in the open market bonds issued by the
district. The cost of bonds purchased may be paid out of any funds
of the district not required by law to be set aside for teachers'
salaries.
15221. When any bonds issued by a district have been purchased by
the governing board of the district, the bonds shall be deemed
canceled and of no further validity. The governing board of the
district shall immediately, after purchasing the bonds, notify the
board of supervisors of its action, describing the bonds purchased.
At its first meeting thereafter the board of supervisors shall note
the purchase and cancellation of the bonds in the minutes of its
proceedings.
Article 8. Method of Bond Payment
15230. The board of supervisors by an order entered upon its
minutes shall fix the time when the whole or any part of the
principal of the bonds shall be payable, which shall not be more than
25 years from the date of the bonds. If the governing board of the
district has prescribed in its resolution the time or times when the
whole or any part of the bonds shall be payable, the times and
amounts shall be fixed by the order of the board of supervisors.
Any bonds authorized at an election held after September 15, 1945,
may be issued subject to call and redemption before maturity at the
option of the governing board of the district. The governing board
may include in its resolution a requirement that all or any part of
such bonds shall be issued subject to call and redemption before
maturity and the price or prices at which the bonds shall be
redeemed. The board of supervisors, in its order fixing the form of
the bonds and the maturities thereof, shall provide that the bonds be
redeemable at the option of the governing board and at the price or
prices fixed in the resolution. Bonds issued subject to call and
redemption prior to maturity shall contain a recital to that effect,
and no bond shall be subject to call or redemption prior to maturity
unless it contains that recital. The board of supervisors in its
order shall fix the method of giving notice of redemption to holders
of bonds to be redeemed.
15231. The board of supervisors at the direction of governing
board of the district may divide the principal amount of bonds
authorized at any election into two or more series and may fix
different dates for the bonds of each series, in which event the
maximum maturity date of the bonds shall be calculated from the date
of each series respectively. When the issuance of bonds shall have
been authorized pursuant to two or more propositions submitted at the
same or different elections, all or any part of the bonds not
theretofore issued may be combined and issued and sold as one or more
series.
15232. The board of supervisors may make the principal and
interest of the bonds payable at the office of the treasurer of the
county, or at any other place within the United States which the
board may designate, or at the office of the county treasurer, or at
any other designated place at the option of the bondholder. The
place of payment shall be specified in the bonds. The expense of
paying the bonds elsewhere than at the office of the treasurer shall
be a proper charge against the district to be paid out of the tax
levied and collected for the payment of the bonds.
15233. The principal and interest on the bonds shall be paid by
the county treasurer of the county, the superintendent of schools of
which has jurisdiction of the district in behalf of which the bonds
were issued, at the place required by the terms of the bonds, upon
presentation and surrender of warrants drawn by the county auditor in
payment thereof, after he or she has canceled the bonds and coupons,
or upon the receipt of the registered owner, if the bonds are
registered, after a proper warrant has been drawn by the auditor, out
of the fund provided for their payment.
15234. Any money remaining in the interest and sinking fund of
any district after the payment of all bonds and coupons payable from
the fund, or any money in excess of an amount sufficient to pay all
unpaid bonds and coupons payable from the fund, shall be transferred
to the general fund of the district upon the order of the auditor.
15235. Any money paid into the county treasury of the county and
credited to the interest and sinking fund of any district pursuant to
subdivision (b) of Section 2106 or subdivision (b) of Section 2109
remaining after the payment of all bonds and coupons payable from the
fund, or which is in excess of an amount sufficient to pay all
unpaid bonds and coupons payable from the fund, shall be transferred
to the special reserve fund of the school district, or designated
building fund of the community college district upon the order of the
auditor, and may be used only for the purpose specified in Section
42840 or in accordance with the California Community Colleges Budget
and Accounting Manual and for no other purpose.
Article 9. Tax for Payment of Bonds
15250. The board of supervisors of the county, the superintendent
of schools of which has jurisdiction over any district, shall
annually at the time of making the levy of taxes for county purposes,
levy a tax for that year upon the property in the district for the
interest and redemption of all outstanding bonds of the district.
The tax shall not be less than sufficient to pay the interest on the
bonds as it becomes due and to provide a sinking fund for the payment
of the principal on or before maturity and may include an allowance
for an annual reserve, established for the purpose of avoiding
fluctuating tax levies. The tax shall be sufficient to provide funds
for the payment of the interest on the bonds as it becomes due and
also any part of the principal and interest that is to become due
before the proceeds of a tax levied at the time for making the next
general tax levy may be made available for the payment of the
principal and interest.
15251. All taxes levied, when collected shall be paid into the
county treasury of the county whose superintendent of schools has
jurisdiction over the school district in behalf of which the tax was
levied, to the credit of the interest and sinking fund of the school
district, or community college district as designated by the
California Community Colleges Budget and Accounting Manual, and shall
be used for the payment of the principal and interest of the bonds
and for no other purpose.
15252. The board of supervisors of the county, the superintendent
of schools which has jurisdiction over any school district, shall
annually at the time of making the levy of taxes for county purposes
estimate the amount of money required to meet the payment of the
principal and interest on bonds of the district authorized by the
electors of the district and not sold, and which the governing board
of the district informs the board in their belief will be sold before
the next tax levy, and the board of supervisors shall levy a tax
sufficient to pay the principal and interest so estimated.
15253. If the bonds are declared invalid or are not issued for
any reason, the tax levied and collected shall, if the school
district or community college district has other bonds outstanding,
be retained in the interest and sinking fund of the district to meet
the interest and principal falling due on the bonds. If the district
has no bonds outstanding the proceeds of the tax levy shall be
transferred to the general fund of the district on the order of the
auditor.
15254. This article shall apply only to bonds of a school
district or community college district which were approved by the
electors prior to July 1, 1978, and to bonded indebtedness for the
acquisition or improvement of real property approved by two-thirds of
the voters on or after June 4, 1986.
Article 10. Tax for Payment of Bonds of School District or
Community College District Located in Two or More Counties
15260. In case of a district lying in two or more counties, the
assessor of each of the counties in which the district lies, shall
annually as soon as the county assessments have been equalized by the
State Board of Equalization, certify to the board of supervisors of
each of the counties in which any portion of the district is
situated, the assessed value of all taxable property in the county
situated in the school district or community college district. The
tax shall be levied according to the ratio which the assessed value
of the property in the district in any county bears to the total
assessed value of the property in the district. Each board of
supervisors shall levy upon the property of the district and within
its own county the rate of tax that will be sufficient to raise not
less than the amount needed to pay the interest and any portion of
the principal of the bonds that is to become due during the year.
15261. The tax shall be entered upon the assessment roll and
collected in the same manner as other school taxes.
The tax when collected shall be paid into the county treasury of
the county. The treasurer of any county, other than the one whose
superintendent of schools has jurisdiction over the school, shall,
upon order of the county auditor, pay the sum collected on account of
the tax into the treasury of the county whose superintendent of
schools has jurisdiction over the school.
15262. This article shall apply only to bonds of a school
district which were approved by the electors prior to July 1, 1978,
and to bonded indebtedness for the acquisition or improvement of real
property approved by two-thirds of the voters on or after June 4,
1986.
CHAPTER 2. BONDS OF SCHOOL FACILITIES IMPROVEMENT DISTRICTS
Article 1. General Provisions
15300. This chapter provides a method for the formation of school
facilities improvement districts consisting of a portion of the
territory within a school district and for the issuance of general
obligation bonds by a school facilities improvement district.
15301. (a) Any school district that has a community facilities
district formed pursuant to the Mello-Roos Community Facilities Act
of 1982, as set forth in Chapter 2.5 (commencing with Section 53311)
of Part 1 of Division 2 of Title 5 of the Government Code, that has
as one of its purposes the construction of school facilities within a
portion of the territory of the school district, may proceed under
this chapter.
(b) The boundaries of any school facilities improvement district
formed pursuant to this chapter shall include all of the portion of
the territory within the boundaries of the school district that is
not located within the boundaries of the community facilities
district as described in subdivision (a).
15302. General obligation bonds of the school facilities
improvement district may be issued for the following purposes, if the
purpose of the bonds is to benefit the land within the school
facilities improvement district consistent with any of the following:
(a) To purchase real property upon which to construct school
facilities.
(b) To build or purchase school facilities.
(c) To make alterations or additions to the school facilities
other than those necessary for ordinary maintenance, operation, or
repairs.
(d) To repair, restore, or rebuild any school facilities damaged,
injured, or destroyed by fire or other public calamity.
(e) To supply playgrounds with furniture, equipment, or necessary
apparatus of a permanent nature.
(f) To permanently improve school grounds.
(g) To refund any valid outstanding indebtedness of the school
facilities improvement district that is evidenced by bonds.
(h) To carry out the projects or purposes authorized in Section
39613.
(i) To demolish or raze any school building with the intent to
replace it with another school building, whether in the same location
or in any other location.
15303. This chapter shall not be operative in any county or
counties until the board of supervisors of either the county in which
the county superintendent of schools having jurisdiction over the
school district in which the school facilities improvement district
is located or, if a school facilities improvement district lies in
two or more counties, the board of supervisors for those counties, by
resolution adopted by a majority vote of the board of supervisors,
makes this chapter applicable in the county or counties.
Article 2. Formation of District
15320. Whenever the governing board of a school district meeting
the requirements set forth in Section 15301 determines that a school
facilities improvement district is necessary, the governing board
shall adopt a resolution of intention that states all of the
following:
(a) The intention of the governing board to form the proposed
school facilities improvement district.
(b) The purpose for which the proposed school facilities
improvement district is to be formed, consistent with the
requirements set forth in Section 15302.
(c) The estimated cost of the school facilities improvement
project.
(d) That any taxes levied for the purpose of financing the general
obligation bonds issued to finance the project shall be levied
exclusively upon the lands in the proposed school facilities
improvement district.
(e) That a map showing the exterior boundaries of the proposed
school facilities improvement district is on file with the governing
board of the school district and is available for inspection by the
public. The boundaries of the school facilities improvement district
shall meet the requirements set forth in subdivision (b) of Section
15301.
(f) The time and place for a hearing by the governing board on the
formation of the proposed school facilities improvement district.
(h) That any interested persons, including all persons owning
lands in the school district or in the proposed school facilities
improvement district, may appear and be heard.
15321. Notice of the hearing shall be given by publishing a copy
of the resolution of intention in a newspaper of general circulation
published in each affected county, pursuant to Section 6066 of the
Government Code, the first publication shall be at least 14 days
prior to the time fixed for the hearing. The notice shall also be
given by posting a copy of the resolution in three public places
located within the proposed school facilities improvement district
for at least 14 days prior to the time fixed for the hearing. No
notice other than that required by this section need be given.
15322. The governing board of the school district shall hold the
hearing provided for by resolution of intention at the time and place
fixed by that resolution. Any interested person, including, but not
limited to, all persons owning land in the school district, or in
the proposed school facilities improvement district, may appear and
be heard concerning any matters set forth in the resolution of
intention.
15323. At the hearing, the governing board of the school district
may adopt a resolution proposing modifications, consistent with
Section 15302, of the purpose stated in the resolution of intention.
A resolution proposing modification shall describe the proposed
modifications, state the change, if any, in the estimated cost of
carrying out the purpose, and shall fix a time and place for hearing
by the governing board.
15324. The governing board of the school district shall publish
the resolution proposing the modifications to the resolution of
intention once in the same newspaper in which the resolution of
intention was published at least 14 days prior to the date of hearing
on the proposed modifications.
15325. The hearing on any proposed modifications may be held at
the same time and place as any continued hearing on the resolution of
intention and both hearings may be held and conducted concurrently.
15326. At the conclusion of the hearing on the resolution of
intention and of the hearing, if any, upon proposed modifications,
the governing board may by resolution order the school facilities
improvement district formed for the purpose and with the boundaries
described in the resolution of intention, and, if relevant, the
resolution proposing modifications. The resolution ordering the
school facilities improvement district formed shall state the
estimated cost of carrying out the purpose described in the
resolution. The resolution shall also number and designate the
school facilities improvement district substantially as "School
Facilities Improvement District of ____ School District."
15327. The governing board of the school district in which a
school facilities improvement district has been formed shall have the
same rights, powers, duties and responsibilities with respect to the
formation and government of school facilities improvement district
as the governing board has with respect to the school district.
Article 3. Financing the Bonds
15330. The total amount of bonds issued shall not exceed 1.25
percent of the taxable property of the school facilities improvement
district as shown by the last equalized assessment of the county or
counties in which the school facilities improvement district is
located. For purposes of this section, the taxable property of a
school facilities improvement district for any fiscal year shall be
calculated to include, but not be limited to, the assessed value of
all unitary and operating nonunitary property located within the
school facilities improvement district, which shall be derived by
dividing the gross assessed value of the unitary and operating
nonunitary property located within the school facilities improvement
district for the fiscal year by the gross assessed value of all
unitary and operating nonunitary property located within the county
in which the school facilities improvement district is located for
the fiscal year, and multiplying that result by the gross assessed
value of all unitary and operating nonunitary property of the county
on the last equalized assessment roll.
15331. Notwithstanding any other law, for the purpose of
computing the limit on the amount of bonds that may be issued by a
school facilities improvement district pursuant to the provisions of
this chapter, the taxable property of the school facilities
improvement district shall be determined upon the basis that the
school facilities improvement district's assessed value has not been
reduced by the exemption of the assessed value of business
inventories in the school facilities improvement district or reduced
by the homeowner's property tax exemption.
15332. Notwithstanding Section 15330, any school facilities
improvement district that is located within the boundaries of a
unified school district may issue bonds not to exceed 2.5 percent of
the taxable property of the school facilities improvement district as
shown by the last equalized assessment of the county or counties in
which the school facilities improvement district is located.
In computing the outstanding bonded indebtedness of any school
facilities improvement district that is located in any unified school
district, any outstanding bonds shall be deemed to have been issued
for elementary school purposes, high school purposes, respectively,
in the respective amounts that the proceeds of the sale of those
outstanding bonds, excluding any premium and accrued interest
received on that sale, were or have been allocated by the governing
board of the unified school district to each of those purposes
respectively.
For purposes of this section, the taxable property of a school
facilities improvement district for any fiscal year shall be
calculated to include, but not be limited to, the assessed value of
all unitary and operating nonunitary property located within the
school facilities improvement district, which shall be derived by
dividing the gross assessed value of the unitary and operating
nonunitary property located within the district for the fiscal year
by the gross assessed value of all unitary and operating nonunitary
property located within the county in which the district is located
for the fiscal year, and multiplying the result by the gross assessed
value of all unitary and operating nonunitary property of the county
on the last equalized assessment roll.
15333. In computing the limitation of indebtedness of any school
facilities improvement district, hereinafter in this section referred
to as the "bonding district," the outstanding indebtedness of any
previously existing district all or any part of which forms a
component part of the bonding district and the outstanding
indebtedness of any district for which any territory that has become
a part of the bonding district is liable shall be excluded and shall
not be deemed, for the purposes of computing the limitation of
indebtedness under Sections 15330 and 15332, to constitute
outstanding indebtedness of the bonding district, except to the
extent that the outstanding indebtedness has been expressly assumed
by the bonding district by vote of not less than two-thirds of the
electors of the bonding district voting at an election at which the
proposition of assuming the indebtedness is voted upon. Nothing in
this section shall operate to release any property from liability for
taxes to pay the principal and interest of indebtedness incurred by
any component district or for which any territory that has become a
part of the bonding district is liable and in which the taxable
property is located at the time of the incurring of the indebtedness.
It is the intent of the Legislature to provide in this section a
special method of computing the limitation of indebtedness of school
facilities improvement districts irrespective of liability of the
area embraced within the school districts for the payment of any
bonded indebtedness.
15334. For the purpose of determining the limitation of
indebtedness of a school facilities improvement district under
Section 15330 or 15332, that portion of the bonded indebtedness of
the school facilities improvement district for which another district
or territory in another district is liable shall be excluded and
shall not be deemed to constitute outstanding bonded indebtedness of
the school facilities improvement district.
15335. An action to determine the validity of bonds and of the
ordering of the improvement or acquisition may be commenced pursuant
to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of
the Code of Civil Procedure. In the action, all findings,
conclusions and determinations of the legislative body that conducted
the proceedings shall be conclusive in the absence of actual fraud.
15336. Within 30 days after the end of each fiscal year, the
governing board of the school district in which the school facilities
improvement district is located shall submit a report containing the
following information relating to an election held pursuant to
Article 4 (commencing with Section 15340), to the county
superintendent of schools who has jurisdiction over
the school district:
(a) The total amount of the bond issue, bonded indebtedness, or
other indebtedness involved.
(b) The percentage of qualified electors who are residents of the
school facilities improvement district who voted at the election.
(c) The results of the election, with the percentage of votes cast
for and against the proposition involved.
Article 4. General Provisions for Bond Elections
15340. (a) After adopting the resolution ordering the formation
of the school facilities improvement district, the governing board
may provide for and call a special bond election within the school
facilities improvement district to, or may at the next statewide
election, submit to the voters of the school facilities improvement
district a proposition of whether or not an indebtedness of the
district shall be incurred and bonds issued therefor in an amount not
exceeding the estimate stated in the resolution ordering the school
facilities improvement district formed.
(b) The indebtedness and the bonds shall be payable from taxes to
be levied and collected upon lands located within the school
facilities improvement district.
15341. Notwithstanding any law, no election shall be held
pursuant to this chapter within 45 days before a statewide election
or within 45 days after a statewide election unless conducted at the
same time as the statewide election, subject to the provisions of
Part 2.5 (commencing with Section 23300) of Division 14 of the
Elections Code.
15342. Any one or more of the purposes enumerated in Section
15302, except that of refunding any outstanding valid indebtedness of
the school facilities improvement district evidenced by bonds, may,
by order of the governing board of the school district in which the
school facilities improvement district is located, be united and
voted upon in a single proposition.
15343. The election shall be conducted as provided in Chapter 3
(commencing with Section 5300) of Part 4 except as provided by each
of the following:
(a) As otherwise provided in this chapter.
(b) That the formal notice of the election shall contain and
specify, in addition to the items specified in Section 5361:
(1) The purposes for which the bonds are to be issued.
(2) The amount of the bonds.
(3) The maximum rate of interest, not to exceed the maximum rate
of interest allowed by Article 5 (commencing with Section 15350).
(4) The maximum number of years, not to exceed 25, not to exceed
which the bonds or any series thereof are to run.
(c) No election shall be held under the provisions of this section
in any school facilities improvement district for a period of 90
days after an election in the same school facilities improvement
district.
15344. Any election called pursuant to this chapter may be
consolidated with any other election pursuant to the provisions of
Part 2.5 (commencing with Section 23300) of Division 14 of the
Elections Code.
15345. Any qualified elector who is a resident of the territory
of the school facilities improvement district may vote on the
proposition of issuing bonds of the school facilities improvement
district.
15346. The words to appear upon the ballots shall be "Bonds--Yes"
and "Bonds--No," or words of similar import. A brief statement of
the proposition, setting forth the amount of the bonds to be voted
upon, the maximum rate of interest, and the purposes for which the
proceeds of the sale of the bonds are to be used, shall be printed
upon the ballot. No defect in the statement other than in the
statement of the amount of the bonds to be authorized shall
invalidate the bonds election.
15347. Unless otherwise specified in this chapter, the form and
details of all ballots at school facilities improvement elections
shall comply with ballot provisions of Part 4 (commencing with
Section 2400) of the Government Code.
15348. The proposition shall be deemed approved upon approval by
two-thirds of the votes cast by voters voting on the proposition of
issuing bonds of the school facilities improvement district.
15349. If it appears from the certificate of election results
that two-thirds of the votes cast by the voters voting on the
proposition of issuing bonds of the school facilities improvement
district are in favor of issuing the bonds, the governing board of
the school district in which the school facilities improvement
district is located shall cause an entry of that fact to be made upon
its minutes. The governing board of that school district shall then
certify to the board of supervisors of the county whose
superintendent of schools has jurisdiction over the school district,
all proceedings had in the premises. The county superintendent of
schools shall send a copy of the certificate of election results to
the board of supervisors of the county.
15349.1. The proceedings relating to the authorization of bonds
of a school facilities improvement district that is located within a
joint school district of any type need be certified only to the board
of supervisors of the county whose superintendent of schools has
jurisdiction over the school district in which the school facilities
improvement district exists. The board of supervisors may issue and
sell the bonds and no action of the board of supervisors of any other
county in which the school board is situated shall be required in
connection with the issuance and sale of the bonds, and the bonds
need not be signed by any officer of any other county.
15349.2. No error, irregularity, or omission that does not affect
the substantial rights of the taxpayers within the school facilities
improvement district or the qualified electors voting at any
election at which bonds of any school facilities improvement district
are authorized to be issued shall invalidate the election or any
bonds authorized by that election.
Article 5. Issuance and Sale of Bonds
15350. Bonds of a school facilities improvement district shall be
offered for sale by the board of supervisors of the county in which
the county superintendent of schools has jurisdiction over the school
district in which the school facilities improvement district is
located as soon as possible, when appropriate, following receipt of a
resolution duly adopted by the governing board of that school
district. The resolution shall prescribe the total amount of bonds
to be sold. The resolution may also prescribe the maximum acceptable
interest rate, not to exceed 8 percent, and the time or times when
the whole or any part of the principal of the bonds shall be payable,
which shall not be more than 25 years from the date of the bonds.
15351. When authorized by the governing board of the school
district in which the school facilities improvement district is
located, bonds of the school facilities improvement district may be
offered for sale as a group by the board of supervisors of the county
in which the county superintendent of schools has jurisdiction over
the school district in which the school facilities improvement
district is located, at a time determined by the board of supervisors
following receipt of a resolution duly adopted by the governing
board of that school district. The resolution shall prescribe the
total amount of bonds to be sold. The resolution may also prescribe
the maximum acceptable interest rate, not to exceed 8 percent, and
the time or times when the whole or any part of the principal of the
bonds shall be payable, which shall not be more than 25 years from
the date of the bonds. Bidders shall be required to bid a lump-sum
bid on all bonds as a group. If bids satisfactory to the governing
board of each school district in which a school facilities
improvement district is located are received, the bonds offered for
sale shall be awarded to the bidder whose bid will result in the
lowest net interest cost for the group or for the bonds of any
district included within the group. Bonds shall be issued and sold
in the name of each school facilities improvement district in the
same manner as provided in this chapter.
15352. The bonds shall be issued in the name of the school
facilities improvement district and shall be designated "Bonds of the
School Facilities Improvement District of the ____ School District"
and each bond and all interest coupons shall state that the tax for
the payment thereof shall be limited to annual taxes to be levied
upon and collected from the lands within the school facilities
improvement district.
15353. The bonds shall be issued in the denomination or
denominations as the board of supervisors of the county in which the
county superintendent of schools has jurisdiction over the school
district in which the school facilities improvement district is
located may prescribe.
15354. The bonds shall not bear a rate of interest greater than 8
percent per annum, payable annually or semiannually.
15355. The number of years the whole or any part of the bonds are
to run shall not exceed 25 years, from the date of the bonds or the
date of any series thereof.
15356. (a) The board of supervisors of the county in which the
county superintendent of schools has jurisdiction over the school
district in which the school facilities improvement district is
located shall prescribe the form of the bonds by an order entered
upon its minutes. The bonds shall be signed by the chairperson of
the board of supervisors, or by any other member thereof as the board
of supervisors shall, by resolution adopted by a four-fifths vote of
all its members, authorize and designate for that purpose, and also
signed by the treasurer of the county, and shall be countersigned by
the clerk of the board of supervisors or by a deputy of either of the
officers. Unless the board of supervisors otherwise provides, all
the signatures and countersignatures may be printed, lithographed,
engraved, or otherwise mechanically reproduced except that one of the
signatures or countersignatures to the bonds shall be manually
affixed. Any signature may be affixed in accordance with the
provisions of the Uniform Facsimile Signatures of Public Officials
Act, Chapter 6 (commencing with Section 5500) of Title 1 of the
Government Code. All expenses incurred for the preparation, sale,
and delivery of the school facilities improvement bonds, including
but not limited to, fees of an independent financial consultant, the
publication of the official notice of sale of the bonds, the
preparation, printing, and distribution of the official statement,
the obtaining of a rating, the purchase of insurance insuring the
prompt payment of interest and principal, the preparation of the
certified copy of the transcript for the successful bidder, the
printing of the bonds, and legal fees of independent bond counsel
retained by the school facilities improvement district issuing the
bonds are legal charges against the funds of the school facilities
improvement district issuing the bonds and may be paid from the
proceeds of sale of the bonds.
(b) Notwithstanding subdivision (a), the board of supervisors may,
in its discretion, determine that all of the required signatures and
countersignatures shall be by facsimiles, provided, however, that
the bonds shall not be valid or become obligatory for any purpose
until manually signed by an authenticating agent duly appointed by
the board or its authorized designee.
15357. The board of supervisors shall establish within the
country treasury a school facilities improvement fund for each school
facilities improvement district the purpose of depositing the
proceeds of the bonds issued pursuant to this chapter. The board of
supervisors shall also establish within the county treasury a school
facilities improvement bond interest and sinking fund for each school
facilities improvement district.
15358. The bonds shall be issued by the board of supervisors,
payable out of the interest and sinking fund of the school facilities
improvement district. The board of supervisors, in its discretion,
and without further authorization from the governing board of the
school district in which the school facilities improvement district
is located, may sell the bonds at a negotiated sale or by competitive
bidding. The bonds may be sold at a discount not to exceed 5
percent and at an interest rate not exceeding the maximum permitted
by Section 15354. If the sale is by competitive bid, the board of
supervisors shall comply with the provisions of Sections 15359 and
15359.1. The bonds shall be sold by the board of supervisors no
later than the date designated by the governing board of the school
district in which the school facilities improvement district is
located as the final date for the sale of the bonds. The proceeds of
the sale of the bonds, exclusive of any premium received, shall be
deposited in the county treasury to the credit of the school
facilities improvement fund of the school facilities improvement
district. The proceeds deposited shall be drawn out as necessary to
finance the purposes approved by the voters pursuant to this chapter.
The bond proceeds withdrawn shall not be applied to any other
purposes than those for which the bonds were issued. Any premium or
accrued interest received from the sale of the bonds shall be
deposited in the interest and sinking fund of the county treasury
established for the school facilities improvement district.
15359. Before selling the bonds, or any part of them, the board
of supervisors as appropriate, shall advertise for bids at least two
weeks in some daily or weekly newspaper of general circulation
published in the county whose county superintendent of schools has
jurisdiction over the governing board of the school district in which
the school facilities improvement district is located or if there is
no newspaper published in the county, in a newspaper published in
some other county in the state having a general circulation in the
county.
15359.1. If satisfactory bids are received, the bonds offered for
sale shall be awarded to the highest responsible bidder or bidders,
and the county clerk shall prepare and certify to all of the
proceedings on file in his or her office relative to the issuance and
sale of the bonds, which transcript of proceedings shall be
delivered to the successful bidder or bidders without charge. If no
bids are received, or if the board determines that the bids received
exceed either the maximum acceptable interest rate prescribed by the
governing board or the maximum rate prescribed by Section 15353, or
that they are not satisfactory as to price or responsibility of the
bidders, the board may reject all bids received, if any, and without
further authorization from the governing board of the school district
in which the school facilities improvement district is located,
either readvertise or sell the bonds at private sale.
For the purpose of determining whether or not a bid exceeds the
maximum acceptable interest rate, the interest rate of that bid shall
be deemed to be the interest rate resulting from the total net
interest cost arrived at by computing the total amount of interest
that the school facilities improvement district would be required to
pay from the date of the bonds to the respective maturity dates
thereof at the rate or rates specified in the bid and by deducting
therefrom any premium bid.
15359.2. The issuing school facilities improvement district, by
action of the governing board of the school district in which the
school facilities improvement district is located, may prepare, or
have prepared, bond brochures to serve as a prospectus for bond
buyers to assist in the satisfactory sale of the bonds, the expense
of the brochures shall be payable out of the funds of the district.
The brochures may be prepared only after the issuance of the bonds to
be sold has been approved by the electors of the school facilities
improvement district pursuant to Article 4 (commencing with Section
15340).
The issuing school facilities improvement district by action of
the governing board in which the school facilities improvement
district is located may expend funds of the school facilities
improvement district for the purposes of advertising the availability
of the bonds for purchase in any publication or newspaper that in
the opinion of that governing board will give notice to prospective
bond buyers that the bonds are available for purchase by bond buyers.
Article 6. Required Form of Bonds
15360. Notwithstanding any other provision of law, whenever any
bonds are issued pursuant to this chapter, the bonds may be issued
either in the form of coupon bonds, or in the form of registered
bonds, or some in the form of coupon bonds and some in the form of
registered bonds, as may be provided in the proceedings for the
issuance of the bonds.
15361. If any officer whose signature, countersignature, or
attestation appears on any school facilities improvement bonds or
coupons ceases to be an officer before the delivery of the bonds to
the purchaser, the signature, countersignature, or attestation either
on the bonds or the coupons, or on both, is valid and sufficient for
all purposes as if the officer had remained in office until the
delivery of the bonds, and the signature upon the coupons of the
person who is auditor at the date of the bonds, is valid although the
bonds themselves may be attested by a different person who is
auditor at the time of delivery of the bonds.
15362. Any bonds executed in the manner provided by the board of
supervisors shall be valid, notwithstanding any change in the
officers who signed the bonds or the coupons, or in the seal of the
board of supervisors, occurring after the execution.
Article 7. Registration of Bonds
15370. Whenever the owner of any coupon bond or of any bond
payable to bearer presents the bond to the treasurer or other officer
of the county in which the school facilities improvement bonds are
issued is located, who by law performs the duties of treasurer, with
a request for the conversion of the bond into a registered bond, the
treasurer or other officer shall cut off and cancel the coupons of
the coupon bond, and shall stamp, print, or write upon the coupon
bond or other bond payable to the bearer, either upon its back or
upon its face, as may be convenient, a statement to the effect that
the bond is registered in the name of the owner and that thereafter
the interest and principal of the bond are payable to the registered
owner.
15371. After registration, any bond may be transferred by the
registered owner in person, or by attorney duly authorized, on
presentation of the bond to the treasurer or other officer performing
the duties of treasurer. The bond may be again registered as
before, a similar statement being stamped, printed, or written
thereon.
15372. The statement stamped, printed, or written upon the bond
may be substantially in the following form:
(Date, giving month, day, and year.)
This bond is registered pursuant to the statute in the
cases made and provided in the name of (insert name of owner)
and the interest and principal thereof are hereafter payable
to the owner.
_______________________________
Treasurer (or other officer)
15373. After any bond has been registered as provided in this
article, the principal and interest of the bond shall be payable to
the registered owner.
15374. The treasurer or other officer shall keep in his or her
office a book or books that shall at all times show what bonds are
registered and in whose name respectively.
Article 8. Cancellation of Unsold Bonds
15380. If any bonds authorized under this chapter have not been
offered for sale for one year from the date of the election at which
they were authorized or remain unsold for a period of six months
after having been offered for sale in the manner prescribed by the
board of supervisors, the governing board of the school district in
which the school facilities improvement district is located and for
which the bonds were authorized, may petition the board of
supervisors that has jurisdiction of the issuance and sale of the
bonds to cause the unsold bonds to be canceled.
15381. Upon receiving the petition, signed by a majority of the
members of the governing board of the school district in which the
school facilities improvement district is located, the board of
supervisors shall fix a time for a hearing, which shall not be more
than 30 days after receipt of the petition, and shall cause a notice
stating the time and place of the hearing, and the object of the
petition in general terms, to be published for 10 days prior to the
hearing, in a newspaper published in the school facilities
improvement district if there is one, and if there is no newspaper
published in the school facilities improvement district, in a
newspaper published at the county seat of the county.
15382. At the time and place designated in the notice, or at any
subsequent time to which the hearing may be postponed, the board of
supervisors shall hear any reasons that may be submitted for or
against the granting of the petition.
15383. If the board of supervisors deem it for the best interests
of the school facilities improvement district named in the petition
that the unsold bonds be canceled, it shall make and enter an order
in the minutes of its proceedings that the unsold bonds be canceled.
Upon the entry of the order the bonds and the vote by which they
were authorized to be issued shall cease to be of any validity.
15384. The governing board of a school district in which a school
facilities improvement district is located may petition the board of
supervisors to cancel the remaining authorization of that district
to issue and sell bonds resulting from any particular school bond
election after the sale of at least ninety percent (90%) of the bonds
authorized at the election if the amount of the remaining
authorization is not more than twenty-five thousand dollars ($25,000)
and in the opinion of the governing board the sale of the remaining
bonds would not be economically justified. The provisions of
Sections 15381 and 15382 shall be applicable and at or following the
hearing therein provided for, the board of supervisors, if it
determines that the public interest will be served thereby, may make
and enter an order in the minutes of its proceedings that the
remaining authorization be canceled. Upon the entry of the order the
vote by which the remaining authorization was created shall cease to
be of any validity with respect to such remaining authorization.
Article 9. Purchase of Bonds by Issuing School Districts
15390. The governing board of a school district in which a school
facilities improvement district is located may purchase in the open
market bonds issued by the school facilities improvement district
with available funds from the school facilities improvement fund.
15391. When any bonds issued by a school facilities improvement
district have been purchased by the governing board of the school
district in which the school facilities improvement district is
located, the bonds shall be deemed canceled and of no further
validity. The governing board of the school district in which the
school facilities improvement district is located shall immediately,
after purchasing the bonds, notify the board of supervisors of its
action, describing the bonds purchased. At its first meeting
thereafter the board of supervisors shall note the purchase and
cancellation of the bonds in the minutes of its proceedings.
Article 10. Method of Bond Payment
15400. The board of supervisors by an order entered upon its
minutes shall fix the time when the whole or any part of the
principal of the bonds shall be payable, which shall not be more than
25 years from the date of the bonds. If the governing board of the
school district in which the school facilities improvement district
is located has prescribed in its resolution the time or times when
the whole or any part of the bonds shall be payable, the times and
amounts shall be fixed by the order of the board of supervisors.
Any bonds may be issued subject to call and redemption before
maturity at the option of the governing board of the school district
in which the school facilities improvement district exists. The
governing board may include in its resolution a requirement that all
or any part of the bonds shall be issued subject to call and
redemption before maturity and the price or prices at which said
bonds shall be redeemed. The board of supervisors, in its order
fixing the form of the bonds and the maturities thereof, shall
provide that the bonds be redeemable at the option of the governing
board and at the price or prices fixed in the resolution. Bonds
issued subject to call and redemption prior to maturity shall contain
a recital to that effect, and no bond shall be subject to call or
redemption prior to maturity unless it contains the recital. The
board of supervisors in its order shall fix the method of giving
notice of redemption to holders of bonds to be redeemed.
15401. The board of supervisors at the direction of the governing
board of the school district in which the school facilities
improvement district is located may divide the principal amount of
bonds authorized at any election into two or more series and may fix
different dates for the bonds of each series, in which event the
maximum maturity date of the bonds shall be calculated from the date
of each series respectively. When the issuance of bonds shall have
been authorized pursuant to two or more propositions submitted at the
same or different elections, all or any part of the bonds not
theretofore issued may be combined and issued and sold as one or more
series.
15402. The board of supervisors may make the principal and
interest of the bonds payable at the office of the treasurer of the
county, or at any other place within the United States which the
board may designate, or at the office of the county treasurer, or at
any other designated place at the option of the bondholder. The
place of payment shall be specified in the bonds. The expense of
paying the bonds elsewhere than at the office of the treasurer shall
be a proper charge against the school facilities improvement district
to be paid out of the tax levied and collected for the payment of
the bonds.
15403. The principal and interest on the bonds shall be paid by
the county treasurer of the county in which the superintendent
of schools has jurisdiction of
the school district in which the school facilities improvement
district is located, at the place required by the terms of the bonds,
upon presentation and surrender of warrants drawn by the county
auditor in payment thereof, after he or she has canceled the bonds
and coupons, or upon the receipt of the registered owner, if the
bonds are registered, after a proper warrant has been drawn by the
auditor, out of the fund provided for their payment.
15404. Any money remaining in the interest and sinking fund of
any school facilities improvement district after the payment of all
bonds and coupons payable from the fund, or any money in excess of an
amount sufficient to pay all unpaid bonds and coupons payable from
the fund, shall be transferred to the general fund of the governing
board of the school district in which the school facilities
improvement district is located upon the order of the auditor.
15405. Any money paid into the county treasury of the county and
credited to the interest and sinking fund of any school facilities
improvement district remaining after the payment of all bonds and
coupons payable from the fund, or which is in excess of an amount
sufficient to pay all unpaid bonds and coupons payable from the fund,
shall be transferred to the special reserve fund of the school
district in which the school facilities improvement district is
located and may be used only for the purpose specified in Section
42840.
Article 11. Tax for Payment of Bonds
15410. The board of supervisors of the county in which the
superintendent of schools of who has jurisdiction over a school
district in which a school facilities improvement district is located
shall annually at the time of making the levy of taxes for county
purposes levy a tax for that year upon the property in the school
facilities improvement district for the interest and redemption of
all outstanding bonds of the district. The tax shall not be less
than sufficient to pay the interest on the bonds as it becomes due
and to provide a sinking fund for the payment of the principal on or
before maturity and may include an allowance for an annual reserve,
established for the purpose of avoiding fluctuating tax levies. The
tax shall be sufficient to provide funds for the payment of the
interest on the bonds as it becomes due and also that part of the
principal and interest as is to become due before the proceeds of a
tax levied at the time for making the next general tax levy can be
made available for the payment of the principal and interest.
15411. All taxes levied, when collected, shall be paid into the
county treasury of the county whose superintendent of schools has
jurisdiction over the school district in which the school facilities
improvement district is located and on behalf of which the tax was
levied. All collected tax revenues shall be used exclusively for the
payment of the principal and interest of the bonds of the school
facilities improvement district, including any sinking fund.
15412. The board of supervisors of the county whose
superintendent of schools has jurisdiction over the school district
in which the school facilities improvement district is located, shall
annually at the time of making the levy of taxes for county purposes
estimate the amount of money required to meet the payment of the
principal and interest on bonds of the district authorized by the
electors of the district and not sold, and that the governing board
of the school district informs the board on their belief will be sold
before the next tax levy, and the board of supervisors shall levy a
tax sufficient to pay the principal and interest so estimated.
15413. If the bonds are declared invalid or are not issued for
any reason, the tax levied and collected shall be retained in the
interest and sinking fund of the school facilities improvement
district to meet the interest and principal falling due on the bonds.
If the school facilities improvement district has no bonds
outstanding the proceeds of the tax levy shall be transferred to the
general fund of the school district in which the improvement district
is located on the order of the auditor.
15414. This article shall apply only to general obligation bonds
issued for one or more purposes specified in Section 15302 and
approved by two-thirds of the votes cast by the voters voting on the
proposition.
Article 12. Tax for Payment of Bonds of School Facilities
Improvement District Located in Two or More Counties
15420. If a school facilities improvement district lies in two or
more counties, the assessor of each of the counties in which the
district lies, shall annually as soon as the county assessments have
been equalized by the State Board of Equalization, certify to the
board of supervisors of each of the counties in which any portion of
the schools facilities improvement district is located, the assessed
value of all taxable property in the county located within the school
facilities improvement district or community college district. The
tax shall be levied according to the ratio which the assessed value
of the property in the district in any county bears to the total
assessed value of the property in the school facilities improvement
district. Each board of supervisors shall levy upon the property of
the school facilities improvement district and within its own county
the rate of tax that will be sufficient to raise not less than the
amount needed to pay the interest and the portion of the principal of
the bonds as is to become due during the year.
15421. The tax shall be entered upon the assessment roll and
collected in the same manner as other on real property.
The tax when collected shall be paid into the county treasury of
the county. The treasurer of any county, other than the one whose
superintendent of schools has jurisdiction over the school district
in which the school facilities improvement district is located,
shall, upon order of the county auditor, pay the sum collected on
account of the tax into the treasury of the county whose
superintendent of schools has jurisdiction over the school district
in which the community facilities district is located.
15422. This article shall apply only to general obligation bonds
issued for one or more purposes specified in Section 15302 and
approved by two-thirds of the votes cast by voters voting on the
proposition.
Article 13. Maximum Tax for Payment of Bonds
15425. Notwithstanding any other provision of this chapter, it is
the intent of the Legislature that the rate of taxes levied annually
upon the property in a school facilities improvement district
pursuant to this chapter not be greater than the rate of the annual
special tax levied upon parcels in the same school district that are
part of a community facilities district formed pursuant to the
Mello-Roos Community Facilities Act of 1982, as set forth in Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title
5 of the Government Code. A determination by the governing board of
a school district, made at the time bonds are sold pursuant to this
chapter, that the rate of taxes to be levied annually upon the
property in the school facilities improvement district, based upon
tax rate estimates prepared pursuant to Section 9401 of the Elections
Code, does not exceed the rate of the annual special tax levied upon
parcels in the same school district that are part of a community
facilities district formed pursuant to the Mello-Roos Community
Facilities Act of 1982, shall be conclusive evidence of compliance
with the intent of this section.
CHAPTER 3. CALL AND REDEMPTION OF STATE SCHOOL CONSTRUCTION
BONDS
15600. The State School Building Finance Committee or other
governmental body empowered to make a determination of whether any or
all of the bonds authorized to be issued by the state, under
legislation enacted following the effective date of this section, for
the purpose of assisting local school districts in the acquisition
of sites, the construction of school buildings and related
facilities, and the purchase of furniture and equipment, may instruct
the Treasurer to include in the bonds, or any of them, provisions
permitting their call and redemption at the option of the state prior
to their maturity and indicating the price at which such bonds shall
be subject to redemption; and it shall be the duty of the Treasurer
to comply therewith. No bonds shall be subject to call or redemption
prior to maturity unless they contain a recital to that effect.
CHAPTER 4. STATE SCHOOL BUILDING AID LAW, 1949
Article 1. General Provisions
15700. The Legislature hereby declares that it is in the interest
of the state and of the people thereof for the state to aid school
districts of the state in providing necessary and adequate school
sites and buildings for the pupils of the public school system, the
system being a matter of general concern inasmuch as the education of
the children of the state is an obligation and function of the
state.
In adopting this act, the Legislature considers that the great
need in school construction is for adequate classrooms for the
education of the pupils of the public school system. It is the
intent of the Legislature to first satisfy this primary need to the
greatest extent possible before providing additional educational
facilities, regardless of how desirable such additional facilities
may be. To the end that school classrooms may be made available at
once and to all school districts in need of such classrooms,
provisions for other needed school facilities is necessarily
subordinated.
15701. As used in this chapter:
(a) "Board" means the State Allocation Board.
(b) "Director" means the Director of Education for kindergarten
and grades 1 to 12, inclusive.
(c) "Project" means the purposes for which a school district has
applied for an apportionment under this chapter.
(d) "Grade level maintained by a district" means either of the
following:
(1) The kindergarten, if any, and grades 1 to 6, inclusive, or
grades 1 to 8, inclusive, maintained by an elementary school district
or a unified school district.
(2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or
grades 7 to 10, inclusive, maintained by a high school district or
unified school district.
(e) "Apportionment" means an apportionment made under this chapter
unless the context otherwise requires.
15702. The Director of General Services shall administer this
chapter and shall provide any assistance to the board that it may
require.
15703. The State Allocation Board is continued in existence for
the purposes of this chapter. The members of the board and the
Members of the Legislature meeting with the board in an advisory
capacity shall receive no compensation for their services under this
chapter but shall be reimbursed for their actual and necessary
expenses incurred in connection with the performance of their duties
hereunder, to be paid out of the Public School Building Loan Fund.
15704. The board by the adoption of rules shall give priority in
allocating funds to districts to those districts where the children
will benefit most from additional schoolhouse facilities. This
priority shall be based on acuteness of overcrowding, on sudden
growth in attendance, on amount of local tax funds expended for
housing of a character within the purposes of this chapter, and on
the time the district's application has been ready for allotment.
The board may make exceptions when it determines that it will be for
the benefit of the children affected.
In adopting rules the board may provide for the granting of
priority points to govern the allocation according to the following
schedule:
(a) Two priority points may be granted for each percent of the
latest computed average daily attendance of the district that is
inadequately housed. The number of inadequately housed pupils is the
latest computed average daily attendance of the district less the sum
of both of the following:
(1) Any classrooms up to a total of two, multiplied by 25.
(2) Any classrooms in excess of two, multiplied by 33.
The term "classrooms" for the purposes of this computation shall
mean any school classrooms, temporary and permanent, determined by
the State Department of Education to be safely usable.
(b) One priority point may be granted for each 5 percent of the
latest computed average daily attendance of the district that
represents an increase over the average daily attendance for the
fifth preceding school year.
(c) One point of priority may be granted for each one-twentieth of
1 percent of the assessed valuation of the district, collected in
taxes and expended for school housing within the scope of this
chapter since July 1, 1944. Expenditure of the proceeds of the sale
of bonds shall not be counted but expenditure for interest and
retirement of bonds shall be counted.
(d) Not more than one point of priority shall be allowed for each
calendar month that the completed application of the district has
awaited funds.
If any computation of priority points made under this section
results in a fraction of a point, that fraction shall be disregarded
and the number of priority points shall be taken as the next lowest
whole number.
These priorities shall be recomputed at least semiannually when
funds are available for allocation, on the respective periods of time
next preceding the date of computation. The State Department of
Education shall assist and cooperate with the board in determining
priority ratings.
15705. In addition to any other powers and duties as are granted
the board by this chapter, the board shall do each of the following:
(1) Establish any qualifications not in conflict with other
provisions of this chapter that it deems will best serve the purposes
of this chapter for determining the eligibility of school districts
to apportionments of funds under this chapter.
(2) Establish any procedures and policies in connection with the
administration of, and the expenditure of funds made available for
the purpose of, this chapter that it deems necessary and which are
not in conflict with the powers and duties of the State Department of
Education or of the director granted or imposed by this chapter.
(3) Adopt any rules and regulations for the administration of this
chapter, requiring any procedure, forms, and information, that it
may deem necessary.
15706. Apportionment from the Public School Building Loan Fund to
school districts shall be made in the manner and subject to the
conditions herein provided and in accordance with policies adopted by
the board, for all of the following purposes:
(a) The purchase and improvement of school sites which have been
approved by the State Department of Education.
(b) The purchase of desks, tables, chairs, and built-in or fixed
equipment, as listed in Part III of the California School Accounting
Manual contained in the Bulletin of the California State Department
of Education, Volume XIII, No. 2, June, 1944, or as amended or
revised.
(c) The planning and construction, reconstruction, alteration of,
and addition to, school buildings for any facilities that are
approved by the State Department of Education as essential, all of
which purposes are hereby declared to be, and are, public works.
Where a district is required by a contract entered into between
itself and a contractor, to obtain at its own expense insurance
covering risks incurred during any construction, reconstruction or
alteration for which an apportionment has been made, the costs
thereof may be paid either directly, or by way of reimbursement, to
the district out of the apportionment, or out of any apportionment
made specifically covering the insurance. However, in other respects
the apportionments are eligible for payment under this chapter.
15707. In addition to the purposes for which apportionments may
be made to school districts under Section 15706, apportionments may
also be made to school districts for the construction, repair,
attachment or development of off-site facilities, utilities or
improvements which the board determines are necessary to the proper
operation or functioning of the school facilities for which
apportionments are made, all of which purposes are hereby declared to
be, and are, public works.
15708. In making application for, and in expending,
apportionments of funds under this chapter, a school district acts as
an agent of the state and all sites purchased and improved, all
equipment purchased, and all buildings constructed, reconstructed,
altered, or added to through the expenditure of funds apportioned
under this chapter, are declared to be, and are, the property of the
state. Upon the payment by the district of the amounts required to
be paid by it to the state under this chapter the board shall, in the
name of the state, convey the property to the district.
15709. The board may require school districts to insure for the
benefit of the state all sites, equipment, and buildings which are
under Section 15708 the property of the state, against any risks and
in any amounts that the board may deem necessary to protect the
interests of the state. No state funds apportioned under this
chapter shall be used to pay the premiums on said insurance.
15710. Where a district is required by a contract entered into
between itself and a general construction contractor to obtain, at
its own expense, insurance covering risks incurred during any
construction for which an apportionment has been made, the cost
thereof may be paid directly to said district out of the Public
School Building Loan Fund.
It is the intent and purpose of this section to provide for
reimbursement to school districts for any builders' risk insurance
that may have been furnished and paid for by the districts in
connection with approved apportionments from the Public School
Building Loan Fund from the time of the effective date of Chapter
1389 of the Statutes of 1949.
The Legislature in adopting this section expressly recognizes that
eligible school districts in making provision for builders' risk
insurance during the period of construction of new buildings has
provided a saving for the taxpayers of the district, and also has
reduced the amount which otherwise would have been paid out of the
Public School Building Loan Fund to the district if the cost of the
builders' risk insurance had been borne by the contractor with the
district. For this reason the Legislature hereby finds, determines,
and declares that the adoption of this section having an effect
retroactive to the effective date of Chapter 1389 of the Statutes of
1949 is therefore lawful, proper, and represents the saving of public
funds for a lawful and public purpose.
The Controller of the State of California is hereby authorized and
directed to cancel and annul any claims or demands against the
school district arising out of, or in any way connected with, claims
for reimbursement from the school districts to the Public School
Building Loan Fund arising out of the direct purchase of builders'
risk insurance on any construction by any school district under an
approved application by the board.
15712. Funds apportioned to a school district under this chapter
for a project, remaining unencumbered or unexpended one year from the
date the application of the district for the apportionment was
approved, shall not be encumbered or expended except as provided in
this section.
The governing board of the district shall notify the board of its
desire to encumber or expend the funds. The board shall immediately
request the State Department of Education to, and the department
shall, review the project for which apportionment was made. If the
State Department of Education finds that the conditions existing at
the time it approved the project for which the apportionment was made
have so changed that the needs of the district are less than
originally determined, it shall notify the board of its findings and
of the respects in which the project should accordingly be modified.
The board shall review the project and revise the project in any
manner that it deems necessary, subject to the provisions of Section
15727, and make any changes in the purposes for which the
apportionment may be expended that it deems necessary. The cost of
the project as revised by the board shall be computed in the manner
prescribed by Section 15713 and the excess, if any, of the amount
theretofore apportioned to the district over the computed cost of the
revised project shall be deducted by the board from the
apportionment made to the district. The board shall give notice of
its action, in writing, to the Controller, the governing board of the
district, and the county auditor and the county treasurer having
jurisdiction over the public school building fund of the district.
If the amount of the excess, or any portion thereof, has not been
paid to the district, the excess, or portion thereof, shall be made
available for apportionment to other districts. If the excess, or
portion thereof, has been paid to the district, it shall not be
encumbered or expended by the district and shall become due and
payable to the State of California. The governing board of the
district and the county treasurer shall pay that amount to the
Treasurer, out of the funds, and in the manner specified in Section
15752. The payment shall, on order of the Controller, be deposited
in the Public School Building Loan Fund in the State Treasury.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
This section does not authorize the board to increase any
apportionment made to a district.
15713. Each school district which desires an apportionment for a
grade level maintained by it, shall submit through its governing
board to the board an application therefor in any form and number of
copies that the board shall prescribe. Each copy of the application
shall be accompanied by a statement of the estimated cost of the
project certified by an architect or structural engineer, and by
layout plans showing the entire project for which the district
desires an apportionment. Estimates of cost for new construction
appearing in an application shall not exceed typical current costs of
comparable new construction by school districts in the same area not
receiving or not eligible for apportionment under this chapter, as
determined by the Director of General Services, or if there has been
no new construction by districts in the area, the estimates of cost
shall not exceed the reasonable current cost of similar construction
in the area as determined by the Director of General Services.
Immediately upon receipt of an application in the prescribed form
accompanied by the required estimate of cost, a copy thereof shall be
transmitted by the board to the director and to the Director of
General Services.
A district may at any time amend or supplement its application.
The Director of General Services shall determine the school
district's financial ability to meet all or a portion of the cost of
the project and the amount which the district can contribute toward
the cost of the project out of its available funds, and shall submit
his report thereon to the board.
The directors shall as promptly as possible prepare a report and
recommendation with respect to the application and refer the
application, report, and recommendation to the Director of General
Services, who shall, if he or she finds the documents to be in proper
form and otherwise sufficient, refer them to the board. If the
Director of General Services finds the documents to be lacking in any
respect as to any matter which is subject to the jurisdiction or
approval of the director or State Department of Education, he or she
shall refer them to the director who shall take any action that may
be necessary. The board shall, subject to the provisions of this
chapter approve or reject each application referred to it by the
Director of General Services. If the board approves of the
application, either in whole or in part, it shall, by a resolution
adopted by it, apportion to the district from the Public School
Building Loan Fund the amount applied for, or any portion thereof
that the board may deem appropriate. However, it may order that the
apportionment or any part thereof shall be paid in progressive
installments at the times and under the conditions that it may then
prescribe. This shall be known as a conditional apportionment and
shall become final only if the vote provided for in Section 15721 is
favorable and if bonds are authorized and sold in the amounts
prescribed by the board, and the proceeds of the bonds sold earmarked
for the project as approved. The conditional apportionment shall
remain effective for a period of nine months from the date of the
resolution of the board, and if it does not become a final
apportionment by the date, it shall become void and the money so
apportioned shall become again available for apportionment pursuant
to this chapter.
The board may for any good cause that it shall determine, reduce
the amount of, or modify any provisions relating to, any contribution
required of a district under the terms of an apportionment, other
than any contribution required of the district under Section 15721
from the sale of bonds. However, the board may not, without the
consent of the district, increase the amount of any district
contribution under the terms of an apportionment, in the absence of
mistake arising from any source, or misrepresentation, concealment,
or omission, on the part of the district, intentional or otherwise.
The provisions of this paragraph shall be applicable to
apportionments heretofore or hereafter made.
15714. When an apportionment has been made by the board to a
school district the board may, upon application of the governing
board of the district, authorize the governing board to transfer
funds from other authorized purposes if more than one purpose has
been authorized in the district by the board, or to make additional
apportionments to the district, or both, if the board determines that
additional apportionments or transfers are necessary to meet the
actual cost of the specific school plant facilities or sites for
which the original apportionment was made. An apportionment made
under this section shall be final if the original apportionment
has become final,
otherwise it shall become final if and when the original
apportionment becomes final.
All provisions of this chapter shall apply to apportionments made
under this section, except Sections 15713, 15721, 15722, 15725, and
15726 exclusive of the second paragraph of Section 15726 and any
other provisions that may relate to application and eligibility for
apportionments.
15715. The board may approve, in whole or in part, an application
submitted by a school district under Section 15713 and in the
amount, not exceeding the amount applied for, that the board may deem
appropriate.
The board may, upon approval of the application, in whole or in
part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount determined by the board as aforesaid, to
the applicant school district from the Public School Building Loan
Fund for that portion or portions of the project that the board
determines the district is ready to proceed with. If the board has
approved an application and made an apportionment as to a portion or
portions of a project, the board may approve the remaining portion or
portions of the project and make an additional apportionment or
apportionments within two years after the original approval without
requiring a district to issue additional bonds.
The total of the amounts of applications as approved by the board
under this section shall not, when added to all amounts apportioned
to school districts by the board under Section 15713, exceed 90
percent of the total amount of state school building bonds authorized
to be issued and sold by Section 2 of Article XVI of the
Constitution of the state.
Except as otherwise provided in this section, all provisions of
this chapter relating to apportionments shall apply to apportionments
made under this section.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
15716. If, after a conditional apportionment has been made to a
school district, legal proceedings initiated prior or subsequent to
the making of the conditional apportionment prevent the taking,
within the period during which the conditional apportionment remains
effective under Section 15713, of the actions necessary to permit the
conditional apportionment to become final, the conditional
apportionment shall nevertheless remain effective for a period of
nine months from the date upon which the legal proceedings are
finally determined. The amount of the apportionment may be
diminished by the board after a second investigation at which the
board shall determine whether conditions existing at the time it
approved the project for which apportionment was made have so changed
that the needs of the district are less than originally determined
and if so the conditional apportionment shall be reduced by a
corresponding amount.
15717. With respect to any apportionment made to a school
district prior to December 26, 1950, the board may, on the
application of the governing board of the district make additional
apportionments to the school district for the purchase of the
furniture authorized by Section 15706. An apportionment made under
this section shall be final if the original apportionment has become
final; otherwise it shall become final if and when the original
apportionment becomes final.
All provisions of this chapter shall apply to apportionments made
under this section, except Sections 15713, 15721, 15722, 15725, and
15726, exclusive of the second paragraph of Section 15726, and any
other provisions that may relate to applications and eligibility for
apportionments.
15718. The sum of two million dollars ($2,000,000) was by Chapter
13 of the Statutes of 1952 (First Extraordinary Session) made
available from the Public School Building Loan Fund for apportionment
by the board pursuant to this chapter, except as otherwise provided
by this section and to be transferred by the Controller as needed
into a separate account in the State School Building Fund which was
created in the State Treasury.
Apportionments made under this section shall be available as
grants to those school districts to which apportionments have been
made under this chapter, prior to April 1, 1952, and only for the
amounts thereof as are in excess of the apportionments the voters of
the districts voted to accept and repay under Sections 15721, 15722,
and 15723.
If and when the electors of districts receiving apportionments
under this section, vote to accept and repay additional amounts under
Sections 15721, 15722, and 15723, the board may make apportionments
under other sections of this chapter in substitution in whole or in
part of the grants made under this section.
In the event the electors of the district fail to vote to accept
and repay the additional amounts or if apportionments covering the
amounts are not made under other sections of this chapter, beginning
in September, 1953, and annually for nine years thereafter,
apportionments made to the districts from the State School Fund under
Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343,
inclusive, and Sections 41600 to 41972, inclusive, or any successor
thereof, shall be reduced by an amount equivalent to one-tenth of the
amount apportioned under this section. This section shall not be
applied so as to reduce any average daily attendance apportionment
below the constitutional minimum. During the year beginning
September, 1953, and each year thereafter in which the Controller
determines that the apportionment of any district is to be reduced as
herein provided, he or she shall deduct the total amount of the
annual repayment of each district in equal amounts from each
installment of the apportionments made to the district. The amount
deducted shall, on order of the Controller, be transferred from the
State School Building Fund to the General Fund at the time and for
the purpose provided in Section 15903.
Notwithstanding any other law, taxes in the districts shall be
increased sufficiently to offset the amounts by which the average
daily attendance apportionments are reduced under this section. The
tax increases shall be made in the manner prescribed under Section
15742 of this chapter.
Any amounts made available by this section which are not
apportioned by June 30, 1953, and any recovery by substitution of
apportionments made in accordance with this section shall be
transferred to the Public School Building Loan Fund.
15719. No apportionment shall be made for new construction which
when added to the area of adequate school construction existing in
the applicant school district at the time of application, will
provide a total area of school building construction per pupil of the
estimated enrollment in excess of that computed under the following
schedule:
Square
feet
per
Type of school Enrollment
pupil
Elementary school comprising
kindergarten and grades
1 to 6, inclusive ................ 300 or more 55
Elementary school comprising
grades 7 and 8 ................... 750 or more 75
Junior high school comprising
grades 7 to 9, inclusive ......... 750 or more 75
Junior high school comprising
grades 7 to 10, inclusive ........ 750 or more 75
High school comprising grades
7 to 12, inclusive ............... 750 or more 80
High school comprising grades
9 to 12, inclusive ............... 750 or more 80
High school comprising grades
10 to 12, inclusive .............. 750 or more 80
The maximum total building areas per pupil allowed to applicants
having schools with smaller estimated enrollments than shown in the
above schedule shall be determined by the State Department of
Education, and shall be building areas to provide comparable
facilities to those enumerated above, and shall be the least building
area required to house adequately the estimated enrollment and the
normal instructional and other services.
No estimate of enrollment made by an applicant for the purpose of
justifying an apportionment shall be made for a longer time than the
second fiscal year beyond the fiscal year in which an application is
made, and in no case shall be given effect unless approved by the
State Department of Education.
15720. Payment shall be made in accordance with the terms of a
final apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which
have been made by the district subsequent to December 5, 1949, for
any items approved by the board in the apportionment. However, where
expenditures were made for, or work was commenced with respect to,
any item so approved, prior to the time the application of the
district containing the item was received by the board, payment or
reimbursement for the item, either with state funds or with district
funds which the district is required to contribute by the
apportionment, shall be made only upon authorization of the board by
special resolution citing this section.
15721. No apportionment to a school district shall become final
unless one of the following is satisfied:
(a) The total amount of outstanding bonds of the district exceeds
95 percent of the maximum amount of bonds which the district could
have had outstanding under any law on the date the conditional
apportionment is made.
(b) If the total amount of the bonds of the district outstanding
and unpaid is less than 95 percent of the amount of the bonds
permitted to be issued by the district, the amount of district bonds
outstanding is within twenty-five thousand dollars ($25,000) of the
total bond limit permitted, as of the date on which the conditional
apportionment is made. At the time the board makes a conditional
apportionment pursuant to Section 15713, it shall determine what
portion of the total amount of bonds which a district is permitted to
issue and sell by law shall be issued and sold by the district, the
proceeds of which shall be applied toward the cost of the project for
which the apportionment is sought. The portion so determined by the
board shall be not less than the minimum amount required for the
apportionment to become final under this section. Any apportionment
made by the board pursuant to Section 15713 shall be conditioned upon
the approval and sale of the bonds by the district.
No apportionment to a district shall become final unless, at an
election called by the governing board of the district, two-thirds of
the qualified electors of the district voting thereat have
authorized the governing board of the district to accept, expend, and
repay, as provided in this chapter, an apportionment under the
provisions of this chapter. The election shall be combined with and
held at the same time as the bond election to authorize the amount of
bonds required by the board, if any, and shall be called, held, and
conducted in the same manner as are elections to authorize the
issuance of district bonds, except that the ballot, in addition to
the bond proposition, shall contain substantially the following
words:
"Shall the governing board of the ____ school district be
authorized to accept and expend an apportionment in an amount not to
exceed ____ dollars ($____) from the State of California under and
subject to the provisions of Chapter 6 (commencing with Section
15700) of Part 10 of Division 1 of Title 1 of the Education Code
which amount is subject to repayment as provided by said chapter?
Yes__ No__."
15722. Immediately after the result of the election has been
determined, the county superintendent of schools shall make a
certificate in duplicate stating whether the bonds have been
authorized in the amount prescribed by the board and whether the
school district has authorized the acceptance and expenditure of the
apportionment. One copy of the certificate shall be sent to the
board and one copy to the Controller. When the bonds authorized have
been issued and sold and the proceeds thereof made available for the
purposes of the application, the county superintendent of schools
shall also certify this fact to the board and the Controller. Upon
the receipt by the board of the certificate stating that the bonds
have been issued and sold and the proceeds thereof made available for
the purposes of the application, the apportionment shall become
final.
15723. The election by a school district upon the acceptance,
expenditure, and repayment of an apportionment prescribed by Section
15721 may be called and held either before or after the making of an
apportionment.
All elections held prior to October 13, 1950, whether before or
after the making of an apportionment, are hereby validated and
confirmed if otherwise called and held pursuant to law.
15724. Whenever a conditional apportionment has been made, and
the county auditor has inadvertently and erroneously included in his
certification of the outstanding bonded indebtedness of the school
district the bonded indebtedness of another school district having
the same, or substantially the same, boundaries, which bonded
indebtedness is less than 2 percent of the total amount of the total
bonded indebtedness certified, and thereafter an election upon the
issuance of new bonds in the amount required by the board has been
had and the vote thereon has been in favor of the issuance of the
bonds, and the board has certified to the Controller that the
apportionment to the district has become final, the final
apportionment is hereby confirmed, ratified, and validated, and any
expenditure of money from the Public School Building Loan Fund
according to the terms of the final apportionment is hereby
confirmed, ratified, and validated.
Any bonds erroneously certified, however, shall not be taken into
consideration in making the computation required by Section 15721.
15725. No apportionment shall be made to a school district for
any grade level if the estimated cost of the project, as approved by
the Director of General Services, is (1) an amount which would result
in an apportionment to the district exceeding the amount authorized
at the district election held under Section 15721, or (2) an amount
which if raised by the issuance and sale of bonds of the district
running for 25 years bearing the current going rate of interest as
determined by the board and the principal of which is payable in 25
equal annual payments, would require the levy of a tax under Section
15250 upon property in the district which would, when added to the
tax actually being levied upon property in the district for the grade
level as determined by the Director of General Services under that
section, amount to less than thirty cents ($0.30) on each one hundred
dollars ($100) of assessed valuation of property in the district
during the next fiscal year. Beginning in 1981-82, the amount shall
be the levy of a tax which would amount to less than 0.075 percent of
full valuation of property in the district during the next fiscal
year.
At the time the board makes an apportionment, it shall, with the
approval of the Director of General Services, fix the interest to be
paid by the district on the sum apportioned to it at a rate equal to
the effective rate paid by the state upon the bonds sold from the
proceeds of which the apportionment is made, giving effect to the
price at which the bonds are sold and the premium, if any, paid
thereon, adjusted to the next highest one-eighth of 1 percent, to
cover the cost of sale and issuance of the bonds and costs of
administration, to be compounded annually through the 30th day of
June of each year.
15726. As used in Section 15725 of the Education Code, the phrase
"adjusted to the next highest one-eighth of 1 percent" means
"increased by a full one-eighth of 1 percent." It is hereby declared
that this construction is not intended as a change in the present
law, but as a declaration of the existing law, and shall apply to any
interest rate heretofore or hereafter fixed by the board under said
section.
15727. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment or for any project or part
thereof which has not been approved by the State Department of
Education.
15728. Each district to which an apportionment has been made
under this chapter shall repay the principal amount of the
apportionment and the accrued interest thereon in the amount and in
the manner hereinafter provided in this chapter.
15729. The following definitions apply to the computations and
determinations required to be made under Sections 15730, 15732, and
15733, and they apply with respect to each grade level of a district
for which grade level an apportionment has become final during any
preceding fiscal year.
(a) "Forty-cent tax amount" means the amount that would be
produced by a tax of forty cents ($0.40) on each one hundred dollars
($100) of assessed valuation, to and including 1980-81 fiscal year.
For the 1981-82 fiscal year and thereafter, the tax shall be 0.10
percent of the full valuation. This tax amount shall exclude the
assessed valuation of solvent credits and other intangible property,
for the current fiscal year within the district;
(b) "Thirty-cent tax amount" means the amount that would be
produced by a tax of thirty cents ($0.30) on each one hundred dollars
($100) of such assessed valuation to and including the 1980-81
fiscal year. For 1981-82 and thereafter, the tax shall be 0.075
percent of such full valuation: and
(c) "Ten-cent tax amount" means the amount that would be produced
by a tax of ten cents ($0.10) on each one hundred dollars ($100) of
such assessed valuation to and including the 1980-81 fiscal year.
For the 1981-82 fiscal year and thereafter, the tax shall be 0.025
percent of the full value.
(d) "Eligible bonded debt service" means the amount raised and to
be raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the bonded
indebtedness of the district that was incurred for each such grade
level prior to the date of the first final apportionment for any
grade level to the district under this chapter, computed as provided
in Section 15730.
15730. On or before the first day of December of each fiscal
year, the Director of General Services shall determine for each grade
level and certify to the Controller the eligible bonded debt service
for the district, as follows:
(a) He or she shall determine the amount of the bonded
indebtedness that was incurred by the district for each grade level,
when bonds were issued and sold for purposes of more than one grade
level. When one or more additional apportionments have been made to
a grade level of a district, conditioned upon the issuance and sale
of additional bonds of the district, the Director of General Services
shall determine and include in the eligible bonded debt service and
in his or her certificate the amount raised and to be raised by the
district during the current fiscal year for the payment of principal
and interest on that portion of the additional bonded indebtedness of
the district that was incurred for each grade level as a condition
to receiving the additional apportionment.
(b) If the Director of General Services determines in any fiscal
year that the amount certified to the Controller as the eligible
bonded debt service during the last preceding fiscal year is more
than the amount actually raised by the district for the repayment of
principal and interest of the bonded indebtedness referred to in
subdivision (d) of Section 15729 and subdivision (a) of this section,
then the Director of General Services shall subtract from the amount
determined as the eligible bonded debt service for the current
fiscal year an amount equal to the difference between the amount
actually raised by the district during the preceding fiscal year for
the repayment of the bonded indebtedness and the amount so certified
by the Director of General Services.
(c) If the Director of General Services determines in any fiscal
year that the amount certified to the Controller as the eligible
bonded debt service during the last preceding fiscal year is less
than the amount actually raised by the district for the repayment of
principal and interest of the bonded indebtedness referred to in
subdivision (d) of Section 15729 and subdivision (a) of this section,
then the Director of General Services shall add to the amount
determined as the eligible bonded debt service for the current fiscal
year an amount equal to the difference between the amount actually
raised by the district during the preceding fiscal year for the
repayment of the bonded indebtedness and the amount so certified by
the Director of General Services.
15731. Notwithstanding any other provisions of this chapter, a
school district otherwise eligible to receive a conditional
apportionment under Chapter 8 (commencing with Section 16000) of this
part may apply for an adjustment of annual repayment obligations
under this chapter.
The board may require any information that is necessary to
determine the number of units of estimated average daily attendance
for which the district would have been eligible to construct school
facilities under this chapter, if the conditional apportionment had
been made and had become final. The units shall be known as
"eligible attendance units." The board shall then determine an
"eligible facilities cost" by multiplying the number of the eligible
attendance units by the average cost of housing elementary or high
school pupils as set forth in the latest report to the Legislature
required under Section 16098.
In any fiscal year in which the school district is, in the
judgment of the board, operating sufficient year-round classes to
provide housing for the eligible attendance units, the Director of
General Services shall add to the amount which he or she is required
to certify to the Controller under Section 15730 an amount equal to
one-twentieth of such eligible facilities costs.
The additional amount so certified shall be considered for all
purposes of this article as eligible bonded debt service.
15732. On or before the first day of January of each fiscal year,
the Controller shall compute for each grade level of a district for
which grade level an apportionment has become final during any
preceding fiscal year the 40-cent tax amount, the 30-cent tax amount
and the 10-cent tax amount.
15733. On or before the first day of January of each fiscal year
the Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year, as
follows:
(a) If, for any grade level of a district, the amount of the
eligible bonded debt service exceeds the 40 cents ($0.40) tax amount,
no annual repayment shall be due the state from the district with
respect to the grade level during the next succeeding fiscal year.
(b) If, for any grade level of a district, the 40 cents ($0.40)
tax amount is greater than the eligible bonded debt service, the
amount of the excess shall constitute the annual repayment due the
state with respect to the grade level during the next succeeding
fiscal year. However, if the eligible bonded debt service is less
than the 10 cents ($0.10) tax amount, the annual repayment shall
equal the 30 cents ($0.30) tax amount.
(c) The total repayment from each district is the sum of the
annual repayments determined for each grade level of the district
under this section.
15734. Notwithstanding any other provision of this chapter, and
regardless of how many apportionments are made to a grade level of a
school district under the provisions of this chapter, the total
annual repayment for the grade level during any fiscal year, covering
all the apportionments, shall not exceed the amount that would be
computed under Sections 15729 to 15735, inclusive, for any one of the
apportionments.
15735. The Controller shall, during the next fiscal year
following that in which he or she determines the annual repayment as
herein provided, deduct the total amount of the annual repayment of
each district in equal amounts from each of the February, March,
April, and May installments of the apportionments made to the
district from the State School Fund under Sections 46304, 46305, and
92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600
to 41972, inclusive, and, on order of the Controller, the amount so
deducted shall be transferred to the Public School Building Loan
Fund. All money transferred to the Public School Building Loan Fund
under this section shall be available only for transfer to the
General Fund under Section 15903.
15736. Notwithstanding any provision of law to the contrary,
whenever in any fiscal year, pursuant to Chapter 5, Part 9, Division
1 of the Revenue and Taxation Code, a refund is made or a judgment
rendered, as the case may be, for the return of an amount collected
as school district taxes levied during a previous year upon secured
or unsecured personal property, because it was determined that the
property was exempt from taxation, and the property so determined to
be exempt equals 1 percent, or more, of the assessed valuation in the
school district upon which school district taxes for the previous
year were levied, the Controller shall reduce the annual repayment of
the district and the amount deducted from the State School Fund
apportionment of the district for the fiscal year next succeeding
that in which the refund was made or judgment rendered, by that
amount by which the annual repayment and deduction of the district
would have been reduced for the fiscal year next succeeding that in
which the taxes were levied had the assessed valuation upon which the
annual repayment was computed not included an amount of assessed
valuation equal to the amount of assessed valuation of the property
so determined to be exempt.
The amount of annual
repayment and deduction, reduced as required by this section, shall
be the amount deducted by the Controller for the purposes of Sections
15735, 15741, and 15742 for the fiscal year in which the reduction
is made.
15737. (a) Upon request of the district, the Controller shall use
in computing the "40-cent, 30-cent, and 10-cent tax amounts" under
Section 15732 the difference between the total assessed valuation of
property in a district as shown on the equalized assessment roll for
the current fiscal year and the assessed valuation of property as
shown on the equalized assessment roll for the current fiscal year,
in excess of 2 percent of the total assessed valuation, with respect
to which revenues of the district taxes levied in the 1954-1955
fiscal year, or thereafter, have been impounded by the county auditor
pursuant to Section 14240. Beginning with the 1981-82 fiscal year,
the amount in excess of 0.5 percent of the total assessed valuation
shall be used in the computation. If the request is received prior
to August 1, 1955, with respect to the impounding of revenues of
taxes levied during the 1954-1955 fiscal year, the Controller shall
recompute the annual repayment of the district due during the
1955-1956 fiscal year on the basis of the reduced assessed valuation,
and, on or before September 1, 1955, notify the officers and board
referred to in Section 15741 of the recomputed annual repayment for
the 1955-1956 fiscal year, and of the recomputed amount to be
deducted from the State School Fund apportionment to the district
during the 1955-1956 fiscal year.
(b) Whenever, after July 1, 1955, the county auditor notifies the
Superintendent of Public Instruction and the Controller of the
release of impounded tax revenues to the school district, the
Controller shall add to the annual repayment of the district, for the
first fiscal year or second fiscal year next succeeding that in
which the notification of release was made, that amount by which the
annual repayment of the district for a previous fiscal year was
reduced by reason of the exclusion of assessed valuation with respect
to tax revenues impounded and thereafter released.
(c) The amount of annual repayment and deduction, increased or
reduced as required by this section, shall be the amount deducted by
the Controller for the purposes of Sections 15735, 15741, and 15742
for the fiscal year in which the increase or reduction occurs.
(d) If a request is received from a school district and an annual
repayment reduced pursuant to subdivision (a), Section 15736 shall
not apply with respect to any tax revenues to which subdivision (a)
applies.
15738. The Controller shall make the deduction provided by
Section 15735 during each fiscal year, as herein provided, until the
principal amount of the apportionment made to the district for the
grade level, and all accrued interest due thereon, has been withheld;
but no interest shall accrue or become due and payable to the state
with respect to the principal amount of any apportionment after the
expiration of 25 years from the first day of July of the fiscal year
next succeeding the date of the warrant issued by the Controller
covering the payment to the county treasurer of each portion of the
apportionment. At the expiration of 30 years from the first day of
July of the fiscal year next succeeding the date of the warrant
issued by the Controller covering the payment to the county treasurer
of each portion of the apportionment, any unpaid balance of the
principal amount of the apportionment, including all interest
included in the principal amount, shall be canceled on the books of
the Controller, and the state shall have no further right to the
repayment of the unpaid balance.
15739. The Controller shall certify to the board the cancellation
of the unpaid balance of the principal amount of the apportionment.
Upon receipt of the certification, the board shall, in the name of
the state, convey to the district all sites purchased and improved,
all equipment purchased, and all buildings constructed,
reconstructed, altered, or added to, from moneys provided by the
apportionment covered by the cancellation.
15740. The Controller shall determine and maintain a record of
the amount due the state in connection with each apportionment made
to each grade level of a district under this chapter. He or she
shall compute interest on the original amount of the apportionment at
the rate fixed by the board, from the date of issuance of the
Controller's warrant covering the payment to the county treasurer of
any portion of the apportionment until the first day of July of the
fiscal year next succeeding that in which the warrant was issued.
Thereafter, interest shall accrue to and be compounded as a part of
the principal amount due the state pursuant to the apportionment
through the 30th day of the following June of each year, until the
principal and interest have been paid, or until the interest ceases
to accrue, as provided in this chapter. Interest on unpaid school
building aid apportionments shall be computed as if the annual
repayment were credited on the first day of July of the fiscal year
in which the repayment is withheld.
15741. Upon computing in any fiscal year the amount to be
deducted from the apportionments to the district from the State
School Fund during the succeeding fiscal year, the Controller shall
notify the governing board of the district and the county auditor of
the county, the county superintendent of which has jurisdiction over
the district, of the amount to be deducted.
15742. The board of supervisors of the county, the county
superintendent of which has jurisdiction over any district which
under this chapter will have moneys withheld by the Controller from
the apportionments to be made to it from the State School Fund during
any fiscal year, shall annually at the time the board of supervisors
makes the levy of taxes for county purposes, levy a tax upon the
property in the district sufficient to raise for the district the
amount of money to be withheld by the Controller during the fiscal
year in which the tax is levied. The tax, when collected, shall be
paid into the county treasury of the county, the county
superintendent of schools of which has jurisdiction over the district
for which the tax was levied, to the credit of the general fund of
the district.
15743. The board shall prescribe in the detail that it deems
necessary, the purposes for which moneys apportioned by it or which
it requires the district to contribute toward, or in reduction of the
cost of a project, may be expended, and the prescription shall be
binding upon the governing board of the district, save as it may be
changed or modified by the board for any cause that it sees fit. In
determining funds which can be contributed by the district, the board
may require the district to contribute unexpended balances of funds
earmarked or encumbered by the district for furniture, equipment, or
any other lawful purpose. However, the changes or substitutions in
the purposes for which the funds were earmarked or encumbered, with
respect to the requirement under any apportionment heretofore or
hereafter made, may be authorized by the board, or pursuant to its
delegation, by the Director of General Services.
15744. Unless the board has received the certificates of the
county superintendent of schools required by Section 15722 within
nine months from the date of the conditional apportionment, it shall,
at the expiration of the nine-month period, void the conditional
apportionment and shall certify this fact to the Controller. Each
final apportionment made by the board under this chapter shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment. The warrant shall be
exempt from the provisions of Division 4 of Title 2 of the Government
Code and shall be paid by the Treasurer from the Public School
Building Loan Fund.
15745. A public school building fund is hereby created in the
county treasury in each county for each school district in the
county. The county treasurer of each county shall pay into the
public school building fund of each district, exactly as apportioned
by the board, all moneys received by him or her under this chapter
with respect to that district.
15746. The governing board of each school district to which an
apportionment is made under this chapter is authorized to, and shall,
transfer to the public school building fund of the district from all
other funds of the district in which the moneys may be, all moneys
of the district which under, or pursuant to, this chapter are
required to be expended for the project for which the apportionment
was made.
15747. A fund in the State Treasury is hereby created, to be
known as the Public School Building Loan Fund. All money in the
Public School Building Loan Fund, including any money deposited in
the fund from any source whatsoever after July 29, 1949, is hereby
continuously appropriated without regard to fiscal years for
expenditure pursuant to apportionments made under the provisions of
this chapter.
15748. Notwithstanding any provision of law to the contrary, the
State Allocation Board may from time to time by appropriate
resolution order the transfer from the Public School Building Loan
Fund to the State School Building Aid Fund of any amounts therein
which it deems no longer desirable to retain for the purposes of this
chapter and Sections 15900 to 15909, inclusive. Nothing herein shall
be deemed to apply to any moneys heretofore or hereafter deposited
in the Public School Building Loan Fund by virtue of Sections 15735
and 15907, and former Section 5107 as added by Chapter 922 of the
Statutes of 1949, and as subsequently amended; or to any moneys
appropriated from the Public School Building Loan Fund by virtue of
the Budget Acts of 1954 and 1955, and which remain available for
expenditure. Upon such order or orders the Controller shall make
appropriate transfers, and any sums so transferred shall be available
for apportionment in the same manner as other moneys in the State
School Building Aid Fund, except that to the amount available for
apportionment on the fifth day of each month pursuant to Section
16409, there shall be added any amount transferred to the State
School Building Aid Fund by virtue of this paragraph prior to the
fifth day of the preceding month. Notwithstanding the provisions of
Section 15904, after July 7, 1955, there shall be no further
transfers to the General Fund from the Public School Building Loan
Fund of any amounts deposited therein by virtue of Sections 15752,
15753, and 15754.
15749. The governing board of each school district to which an
apportionment has been made under this chapter shall expend the
moneys in the public school building fund of the district exactly as
apportioned by the board and only for the purposes for which the
moneys were apportioned to the district, and for no other purpose,
and shall make the reports relating to the expenditure of the moneys
that the board and the Controller shall require.
15750. A complete detailed report of expenditure of funds
allocated pursuant to this chapter shall be made by the board
annually to the Legislature. The report shall contain a detailed
statement of facilities provided, type of construction, square
footage provided and all other items which will enable the
Legislature fully to understand the nature of the construction
performed by the school districts.
15751. It shall be the duty of the Controller to make the audit
or audits of the books and records of counties and school districts
receiving apportionments under this chapter, as he or she may deem
necessary from time to time, for the purpose of determining that the
money received by school districts as apportionments hereunder has
been expended for the purposes and under the conditions authorized by
this chapter.
15752. Whenever the Controller determines that any money
apportioned to a school district has been expended by the school
district for purposes not authorized by this chapter, or exceeds the
final cost of the project which is authorized by this chapter to be
paid therefrom, the Controller shall furnish written notice to the
board, the governing board of the school district, the county
superintendent of schools, the county auditor, and the county
treasurer of the county whose county superintendent of schools has
jurisdiction over the school district, directing the school district
and the county treasurer to pay into the State Treasury the amount of
the unauthorized expenditures, or the amount of the excess
apportionment, as the case may be. Upon receipt of the notice, the
governing board shall order the county treasurer to pay to the
Treasurer, out of any moneys in the county treasury available to the
school district for that purpose, the amount set forth in the notice.
That amount shall, upon order of the Controller, be deposited in
the State Treasury to the credit of the Public School Building Loan
Fund.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
If, upon petition of the district, the Controller determines that
the amount is in excess of the amount that may be paid out of taxes
levied at the maximum rate increased by any increase in the rate
authorized by the electors of the district pursuant to Section 42202,
without impairing essential district services, he or she may provide
for the payment of the entire amount or any unpaid balance thereof
in not exceeding three consecutive annual payments, commencing with
the next school year. Each payment shall be an equal portion of the
principal amount, plus accrued interest, and shall be paid not later
than January 31st of each school year in which a payment is due. If
the district fails to make the payment as specified, the Controller
shall deduct the amount thereof from the February payment made to the
district under Section 14041.
Deferred payments under this section shall bear interest at the
same annual rate of interest as the apportionment from which the
unauthorized expenditures or the amounts of excess apportionment were
made.
15753. Any portion of an apportionment paid to a school district
under this chapter shall be available for expenditure by its
governing board for not less than one year nor more than three years,
as the board shall determine, after the date on which the warrant
covering the portion of the apportionment was issued by the
Controller. For the purposes of this chapter, an apportionment shall
be deemed to be expended at the time and to the extent that the
amount thereof on deposit in the county treasury has been encumbered
by the creation of a valid obligation on the part of the school
district. Upon the expiration of its period of availability, the
unencumbered balance of any apportionment made under this chapter
shall become due and payable to the State of California; and the
governing board of the school district and the county treasurer shall
pay the amount of the unencumbered balance to the Treasurer, out of
the funds, and in the manner specified in Section 15752. The payment
shall, on order of the Controller, be deposited in the Public School
Building Loan Fund in the State Treasury.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
15754. Whenever a school district receives an apportionment under
this chapter for the purchase or improvement of a school building
site and within a period of five years after the date on which the
warrant covering the appropriate portion or portions of the
apportionment was drawn on the State Treasurer from the Public School
Building Loan Fund, (1) sells or otherwise disposes of the site or
the improvements thereon, or any portion thereof, purchased or
improved in whole or in part from the apportionment, or (2) within
not less than one year nor more than five years, as the board shall
determine, does not begin to use the site or the improvements thereon
for the purpose or purposes for which the apportionment was made,
the board shall make the determinations and take the action with
respect thereto as it may deem necessary. If the board determines
that the district has (1) sold or otherwise disposed of the site or
the improvements thereon, or any portion thereof, or (2) has not used
the site for the purpose for which the apportionment was made, it
shall demand the return of the apportionment or the portion thereof
that it deems proper.
Written notice of the demand, setting forth the amount due the
state pursuant thereto, shall be furnished by the board to the
governing board of the school district, the county superintendent of
schools, the county auditor, the county treasurer of the county whose
county has jurisdiction over the school district, and the
Controller. Upon receipt of the notice and demand, the governing
board of the school district shall order the county treasurer to pay
to the Treasurer, out of any moneys in the county treasury available
to the school district for that purpose, the amount set forth in the
notice. The amount shall, upon order of the Controller, be deposited
in the State Treasury to the credit of the Public School Building
Loan Fund.
It shall be the duty of the governing board and county treasurer
to make the payments to the Treasurer as provided in this section,
and it shall be the duty of the Controller to enforce the collection
on behalf of the state.
Article 2. School Housing Aid for Reorganized Districts
15780. (a) As used in this article:
(1) "State-aided district" means a district to which a conditional
or final apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all, or a part
of, a state-aided district or an applicant district has been
included.
(b) Except as otherwise provided in Section 15788, the effective
date for the purposes of this article of any change of boundaries or
annexation or other inclusion affecting a school district shall be
the date the action became effective for the purposes of Section
4002.
15781. When a district has received conditional apportionments
which have become final under this chapter, and there is a
unification of the district prior to December 31, 1952, within the
meaning of Section 4320, with another district having the same
boundaries, the effective date of the unification for the purpose of
the first district receiving additional apportionments pursuant to
the terms of Section 15714 shall be July 1, 1953.
15782. Whenever, prior to the date on which a conditional
apportionment is made by the board to an applicant district, (1) if
an applicant district is annexed to or otherwise included in whole in
another district which is ineligible for an apportionment under this
chapter, no apportionment shall be made to the applicant district;
(2) if less than the whole of an applicant district is included in a
district which is ineligible for an apportionment under this chapter,
the board may reconsider the application of the applicant district
and make the determinations and take the action with respect thereto,
including the making, subject to Article 1 of this chapter, of a
conditional apportionment to the district, as the board may deem
necessary because of the inclusion of less than the whole of the
applicant district in the acquiring district; (3) if an applicant
district is annexed to or otherwise included in whole or in part in a
district which is eligible for an apportionment under this chapter
and has made or does make an application for the apportionment, the
board may reconsider the applications of the applicant district and
the acquiring district and make such determinations and take such
action with respect thereto, including the making, subject to the
provisions of Article 1 (commencing with Section 15700) of this
chapter, of conditional apportionments to districts, that the board
may deem necessary because of the annexation or other inclusion in
the acquiring district of the applicant district in whole or in part.
15783. Whenever, subsequent to the date on which a conditional
apportionment is made by the board to an applicant district, but
prior to the date on which the conditional apportionment becomes
final, (1) if an applicant district is annexed to or otherwise
included in whole in a district which is not eligible for an
apportionment under this chapter, the conditional apportionment
shall, notwithstanding any other provisions of this chapter, become
void and the board shall promptly notify the Controller in writing
thereof and the date on which the apportionment became void; (2) if
the district to which an applicant district is annexed or in which it
is otherwise included in whole is eligible for an apportionment, has
made or does make an application for an apportionment under this
chapter, the conditional apportionment made to the applicant district
shall, notwithstanding any other provisions of this chapter, become
void but the board may reconsider the application of the acquiring
district and make determinations and take action with respect
thereto, including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as
hereinafter provided, of additional conditional apportionments to the
acquiring district, as the board may deem necessary as a result of
the annexation or other inclusion in the acquiring district of the
applicant district; (3) if less than the whole of an applicant
district is included in another district, the conditional
apportionment shall, notwithstanding any other provisions of this
chapter become void, but the board may reconsider the application and
make such determinations and take such actions with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as hereinafter
provided, of new conditional apportionments to the applicant
district, as the board may deem necessary as a result of such
inclusion of a portion of the applicant district in the acquiring
district.
Notwithstanding anything in the first sentence of Section 15721 to
the contrary, additional conditional apportionments made to a
district under (2), or new conditional apportionments made to a
district under (3) of the first paragraph of this section may, with
the approval of the board, become final if the total amount of the
bonds of the district outstanding and unpaid is within ten thousand
dollars ($10,000) of the amount required under Section 15721.
15784. Whenever, prior to the date on which conditional
apportionments have been made to an applicant district for the full
amount of state aid approved for the district under Section 15715,
(1) if the applicant district is annexed to or otherwise included in
whole in another district which is ineligible for an apportionment
under this chapter, no further apportionment shall be made to the
applicant district; (2) if the applicant district is annexed to or
otherwise included in whole in a district which is eligible for an
apportionment under this chapter and which has made or does make an
application for an apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make determinations and take any action with respect thereto,
including the making, subject to Article 1 (commencing with Section
15700) of this chapter, of a conditional apportionment or
apportionments to the acquiring district that the board may deem
necessary because of such annexation or other inclusion in the
acquiring district of the applicant district; (3) if a portion of the
applicant district is annexed to or otherwise included in another
district, the board may reconsider the application of the applicant
district and may, within two years after the first apportionment made
under the approval, make additional apportionments that it sees fit
to the applicant district, but not in excess of the amount in which
the application was originally approved, without requiring the
district to issue additional bonds.
15785. Notwithstanding, and in lieu of, any provisions of this
chapter to the contrary, excepting Section 15725 if during the fiscal
year 1950-1951, or any subsequent fiscal year, a conditional
apportionment is or has been made to a district, hereinafter referred
to as the original district, and if the original district (1) holds
or has held all elections required by Section 15721, and (2) before
the apportionment becomes final is or has been annexed to or included
in whole in another district, hereinafter referred to as the
acquiring district, which had prior thereto received its first final
apportionment under this chapter during the same fiscal year, and (3)
after the inclusion or annexation sells or has sold the bonds
authorized by the aforesaid elections, the board may approve any
application by the governing board of the acquiring district and make
an apportionment, or apportionments, for any project for which the
original district would have been eligible under this chapter had
such inclusion not taken place. No apportionment shall be made to
the acquiring district under this section unless the proceeds of the
bonds which the board required the original district to sell are
available for and will be contributed toward the cost of the approved
project. Any apportionment made to the acquiring district under
this section shall become final when made.
The computations provided in Sections 15729, 15730, and 15733 with
respect to apportionments made under this section shall be made
exactly as though the acquiring school district was comprised only of
the original school district.
Any rate or amount of tax levied pursuant to or under the
authority of Sections 14204 and 15742, or any other provision of law,
for the purpose of producing the amount or any part thereof deducted
by the Controller with respect to apportionments made under this
section, during any fiscal year under Sections 15735 and 15738 from
apportionments to the acquiring district from the State School Fund
shall be levied only on property in the original school district.
15786. Whenever, subsequent to the date when a conditional
apportionment is made to a district and before the conditional
apportionment becomes final the boundaries of the district are
changed so that the territory of the district is reduced by not to
exceed 1 percent of the assessed valuation of the district, as
determined by the last equalized assessment roll immediately
preceding the effective date of the change of boundaries, and the
superintendent of schools of the county having jurisdiction over the
district has failed to file the certificate required by Section
15795, showing the change of boundaries, and prior to April 15, 1952,
the board has certified to the Controller that the apportionment
made to the district has become final, the final apportionment is
hereby confirmed, ratified, and validated, and any expenditure of
money from the Public School Building Loan Fund according to the
terms of the final apportionment is hereby confirmed, ratified, and
validated.
15787. Notwithstanding any provision of law to the contrary,
whenever a conditional apportionment has been made to an elementary
school district pursuant to Section 15714 prior to August 1, 1951,
and the school district has subsequently voted to become a part of a
union school district before the school district has voted to accept
and repay an amount sufficient to include both said entire
apportionment made pursuant to Section 15714, and all other
apportionments made to the school district by the board prior to
August 1, 1951, the elementary school district is continued in
existence until September 1, 1953, for the purpose of (1) receiving
any apportionment made to said district subsequent to August 1, 1951,
under Section 15718, as if the elementary district had not voted to
unionize with another school district, and (2) for the purpose of
voting upon the acceptance and repayment of the apportionment
mentioned in (1) or any other apportionment made to the district by
the board subsequent to August 1, 1951.
If any elementary school district so described above shall vote,
prior to September 1, 1953, to accept and repay any apportionment
above mentioned (except of any apportionment made under Section
15718), the apportionment shall thereupon become final. Repayment of
any apportionment referred to in this section shall be made by the
elementary district pursuant to the applicable provisions of this
chapter as if no change in boundaries had been made in the district.
15788. Whenever, subsequent to the date on which a conditional
apportionment made to a district becomes final, the state-aided
district is included in whole in another district, the acquiring
district shall, on the effective date of the inclusion, succeed to
and be vested with all of the duties, powers, purposes, jurisdiction,
and responsibilities of the state-aided district with respect to the
apportionment and the property acquired or to be acquired from funds
provided thereby, and all funds in the public school building fund
of the state-aided district shall be transferred to the public school
building fund of the acquiring district. All amounts which would,
after the effective date of the inclusion, have been otherwise paid
to the state-aided district under the terms of or pursuant to the
apportionment, shall be paid to the acquiring district. In addition,
the acquiring district shall, on the effective date of the inclusion
of the state-aided district in the acquiring district as fixed by
Section 4000, become liable for the annual repayments and other
payments due the state under this chapter with respect to the
apportionment or the property acquired or to be acquired therewith.
15789. Whenever one or more state-aided districts are included in
whole in an acquiring district, and the acquiring district applies
for and receives an apportionment, then after the effective date of
the inclusion and upon the approval of the application of the
acquiring district, the governing board of each component state-aided
district shall immediately transfer to the acquiring district all
moneys of the component district which are required to be, or have
been, earmarked for a project or projects of the district. The
acquiring district, upon the transfer to it of the funds, may expend
the funds for any projects of the acquiring district as to which its
application was approved.
15790. Whenever, subsequent to the date on which a conditional
apportionment made to a state-aided district becomes final, less than
all of such district is included in another district, the Director
of General Services shall determine what portion of the apportionment
was expended or will be expended for property acquired or to be
acquired by the acquiring district. Any determination made by the
Director of General Services under this section may be redetermined
by him or her, from time to time, until the project for which the
apportionment was made has been completed, and the final cost thereof
determined and the final determination has been made pursuant to the
final cost. The Director of General Services shall promptly notify
the Controller, the governing board of the state-aided district and
of the acquiring district, the superintendent of schools, the
auditor, and the treasurer of the counties having jurisdiction over
said districts of each determination and redetermination made by him
or her under this section. No redetermination shall be retroactive
nor affect the liability of any school district for any payment or
annual repayment, or portion thereof, previously made by or on behalf
of such district to the state under the provisions of this chapter.
On and after the date of the change of boundaries, the acquiring
district succeeds to and is vested with all of the duties, powers,
purposes, jurisdiction, and responsibilities of the state-aided
district with respect to that portion of the apportionment which the
Director of General Services has determined or redetermined under
this section was expended, or will be expended, for property acquired
or to be acquired by the acquiring district, and the unexpended part
of the portion of the apportionment in the public school building
fund of the state-aided district shall be transferred to the public
school building fund of the acquiring district. In addition, and at
the same time, the acquiring district shall become liable for the
payment to the state of that portion of the annual repayment and all
other payments due the state under the provisions of this chapter
with respect to that portion of the apportionment which the Director
of General Services has determined or redetermined was expended, or
will be expended for property acquired, or to be acquired by the
acquiring district, or, in the event a portion of the apportionment
is a lower percentage of the apportionment than the percentage that
the assessed valuation in the territory of the state-aided district
which was transferred to the acquiring district is of the total
assessed valuation of the state-aided district immediately preceding
the effective date of the transfer, the acquiring district shall
become liable for the payment to the state of that percentage of the
annual repayment and all other repayments due to the state under
provisions of this chapter with respect to the apportionment which is
equal to the percentage of assessed valuation in the territory
transferred to the acquiring district.
Notwithstanding the foregoing, the liability of the acquiring
district for the repayment of any portion of the apportionment made
to the state-aided district shall not exceed the product of the
highest percentage referred to above (whether relating to assessed
valuation or to the portion of the apportionment expended in the
property acquired), multiplied by the balance due on the
apportionment made to the state-aided district at the time of the
withdrawal on the effective date specified in Section 4064 of the
territory referred to. The limited liability is hereinafter referred
to as "the maximum." It is the intent of the Legislature that the
maximum shall be applied by the Controller, both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than the maximum,
assuming this paragraph had been in effect at that time, the excess
shall be credited by the Controller against any apportionment
balances for which said district is or may hereafter become liable;
and (3) the Controller shall make retroactively any adjustments in
the amounts due from other districts by virtue of any adjustments
made under (2) above. Notwithstanding the foregoing, any
computations required to be made pursuant to this paragraph shall not
be reflected in any changes in deductions required to be made
pursuant to Section 15735 prior to January 1, 1966.
If any subsection, clause, sentence of phrase of this section is
for any reason held to be unconstitutional such decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section,
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences or
phrases be declared unconstitutional.
15791. Notwithstanding any change in the boundaries of a
state-aided district or the annexation to, or the inclusion in,
another district of a state-aided district, the state-aided district
as it existed immediately prior to the effective date of the action
shall be continued in existence for the determination of the assessed
valuation of the property therein and for the purposes of the
computations provided by Sections 15729, 15730, and 15733; and all
the computations required to be made pursuant to those sections shall
be made exactly as if there had been no change of boundaries,
annexations, or inclusion, except as otherwise provided in Sections
15792 and 15793.
15792. Whenever, subsequent to the date on which a conditional
apportionment becomes final, territory is withdrawn from a
state-aided district and no portion of the apportionment was expended
for school property acquired by the acquiring district:
(1) If the acquiring district is a state-aided district, the
assessed valuation in the territory acquired shall be included in
determining assessed valuation of the property in the acquiring
district, and shall thereafter be excluded in determining assessed
valuation of the property in the state-aided district, for purposes
of the computations under Sections 15729 to 15733, inclusive;
(2) If the acquiring district is not a state-aided district, the
State Controller shall determine the percentage relationship, at the
time of the withdrawal, between (a) the assessed valuation in the
territory acquired, together with the current assessed valuation in
all other territory theretofore acquired by the acquiring district
from the state-aided district since the date of its first conditional
apportionment under this chapter, and (b) the current assessed
valuation of the state-aided district as it was territorially
constituted on the latter date.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, less than 10 percent, the assessed valuation in all
the acquired territory shall be excluded, until the next withdrawal
of territory from the state-aided district to the acquiring district,
in determining the assessed valuation of the state-aided district
for the purposes of the computations under Sections 15729 to 15733,
inclusive.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, a percentage equal to or greater than 10 percent,
the Controller shall, by deducting such percentage from 100 percent,
obtain the "complement percentage." Until the next withdrawal of
territory from the state-aided district to the acquiring district,
the assessed valuation of the state-aided district for purposes of
the computations under Sections 15729 to 15733, inclusive, shall be
determined by dividing the current assessed valuation of the
state-aided district, as territorially constituted immediately
subsequent to the last withdrawal, by the complement percentage.
Whenever, pursuant to this section, the assessed valuation of the
state-aided district is adjusted for repayment computation purposes
by use of the complement percentage, liability for the annual
repayment computed shall be apportioned between the state-aided
district and the acquiring district by multiplying such annual
repayment by the complement percentage, the product representing the
liability of the state-aided district, and the remainder of the
computed repayment representing the liability of the acquiring
district.
Notwithstanding the foregoing, the liability of the state-aided
district shall not exceed the product of any "complement percentage"
(as it may from time to time exist) times the balance due on the
final apportionment at the time the complement percentage is
established; and the liability of the acquiring district (while a
complement percentage remains unchanged) shall not exceed the
remainder of the balance of the aforesaid final apportionment at the
time the complement percentage is established. The maximum liability
on the part of either the state-aided or acquiring districts
established as above (and until the time that the liability be
altered by altering the "complement percentage") shall be hereinafter
referred to in this section with respect to each district as "the
maximum."
(3) In the event that two or more non-state-aided districts
acquire territory from the state-aided district the Controller shall
determine the formulae for apportioning liability for the annual
repayment between the districts affected (including the formulae for
determining what assessed valuations shall be used within the
affected districts or territories withdrawn, and the dates of
determination thereof) as will in his or her opinion best comply with
the principles set forth above, irrespective of whether the formulae
are in literal compliance therewith. The same percentage of annual
repayment for which a district is liable at the time the liability
apportionment is made shall (unless and until the liability
apportionment is subsequently changed pursuant to this paragraph) be
deemed applicable to the liability of the district for the balance
(as of the date the liability apportionment is made) due on the final
apportionment to the state-aided district. The liability for the
balance shall, with respect to any affected district, be hereinafter
referred to as the "maximum" for the district.
(4) It is the intent of the Legislature that the foregoing
"maximums" shall be applied by the Controller both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than its "maximum,"
assuming this paragraph and others to which it is referable had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from any other
district by virtue of any adjustments made under (2) above.
Notwithstanding the foregoing, any computations required to be made
pursuant to this paragraph shall not be reflected in any changes in
deductions required to be made pursuant to Section 16080 prior to
January 1, 1966.
If any subsection, clause, sentence or phrase of this section is
for any reason held to be unconstitutional that decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences, or
phrases be declared unconstitutional.
15793. Whenever, subsequent to the date on which a conditional
apportionment becomes final, any territory is withdrawn from a
non-state-aided district and annexed to the state-aided district, the
assessed valuation in the territory so annexed shall be included
with the valuation of the state-aided district for the purposes of
making the computations provided by Sections 15729 to 15733.
15794. The Controller shall compute, in accordance with Sections
15791, 15792, and 15793, the amount of the annual repayment due the
state on account of the apportionment or apportionments to each
state-aided district and shall deduct from the respective
apportionments made from the State School Fund under Sections 46304,
46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, to the state-aided district and
an acquiring district the portion thereof for which each is liable
under this article.
15795. (a) When, after any application is filed, the applicant
district is annexed to, or, by change of boundaries or otherwise, is
included in whole or in part in another district or districts, the
superintendent of schools of the county having jurisdiction over the
applicant district shall, within 10 days after the effective date of
the annexation, inclusion, or change of boundaries, file a
certificate with the board, in writing, in the form that the board
shall prescribe, setting forth each of the following:
(1) The effective date of the annexation, inclusion, or change of
boundaries.
(2) Identification of the area of the school district affected by
such change and the name of the school district or districts in which
such area is included as a result thereof.
(3) Any additional information in any form that the board may
require.
(b) The board shall, upon receiving the appropriate certificate
from a county superintendent of schools as provided herein, promptly
notify the Controller, in writing, of each of the following:
(1) The effective date of annexation or other inclusion of a
state-aided district by an acquiring district.
(2) The name of the state-aided district.
(3) The name of the acquiring district.
(4) The number and other identification of the apportionment
affected.
CHAPTER 5. STATE SCHOOL BUILDING FINANCE COMMITTEE
15900. For the purpose of creating a fund to provide aid to
school districts of the state, the State School Building Finance
Committee, created by Section 15909, shall be and it hereby is
authorized and empowered to create a debt or debts, liability or
liabilities, of the state in the manner and to the extent hereinafter
provided, but not otherwise, nor in excess thereof.
15909. There is hereby created a State School Building Finance
Committee composed of the Governor, Controller, Treasurer, Director
of Finance, and Superintendent of Public Instruction, all of whom
shall serve thereon without compensation and a majority of whom shall
be empowered to act for the committee. Two Members of the Senate
appointed by the Senate Committee on Rules, and two Members of the
Assembly appointed by the speaker, shall meet and advise with the
committee to the extent that the advisory participation is not
incompatible with their respective positions as Members of the
Legislature. For the purposes of this chapter, these Members of the
Legislature shall constitute an interim investigation committee on
the subject of this chapter and as such shall have the powers and
duties imposed upon these committees by the Joint Rules of the Senate
and the Assembly. The Director of Finance shall provide any
assistance to the State School Building Finance Committee that it may
require. The Attorney General of the state shall be the legal
adviser of the State School Building Finance Committee.
CHAPTER 6. STATE SCHOOL BUILDING AID LAW OF 1952
Article 1. General Provisions
16000. This chapter may be cited as the State School Building Aid
Law of 1952.
16001. The Legislature hereby declares that it is in the interest
of the state and of the people thereof for the state to aid school
districts of the state in providing necessary school sites and
buildings for the pupils of the public school system, this system
being a matter of general concern inasmuch as the education of the
children of the state is an obligation and function of the state.
In adopting this chapter, the Legislature considers that the great
need in school construction is for classrooms for the education of
the pupils of the public school system. It is the intent of the
Legislature to first satisfy this primary need to the greatest extent
possible before providing additional educational facilities,
regardless of how desirable such additional facilities may be. To
the end that school classrooms may be made available at once and to
all school districts in need of such classrooms, provisions for other
needed school facilities is necessarily subordinated.
16002. As used in this chapter:
(a) "Board" means the State Allocation Board.
(b) "Director" means the Director of Education for kindergarten
and grades 1 to 12, inclusive.
(c) Notwithstanding any other law, the term "project" shall be
deemed to include any or all of the purposes for which a school
district has applied for apportionments under this chapter, pursuant
to any regulations that the State Allocation Board may adopt.
(d) "Grade level maintained by a district" means any of the
following:
(1) The kindergarten, if any, and grades 1 to 6, inclusive, or
grades 1 to 8, inclusive, maintained by an elementary school district
or a unified school district.
(2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or
grades 7 to 10, inclusive, maintained by a high school district or
unified school district.
However, not more than one grade level shall be claimed by any
district under any one of the paragraphs of this subdivision.
(e) "Apportionment" means an apportionment made under this chapter
unless the context otherwise requires. The term "apportionment" in
Sections 16091, 16097, 16099, 16100, 16104, 16105, and any other
section in this chapter where the context justifies, shall be deemed
to include funds of a school district required by the board to be
contributed toward the purposes thereof. It is hereby declared that
this construction is not intended as a change in the present law but
rather as a declaration of existing law.
16002.5. For the purposes of this chapter, the term "basic bond
requirement," means 5 percent of the assessed valuation of taxable
property of the district for each grade level maintained by a
district, as shown by the last equalized assessment of the county or
counties in which the district is located, and as modified by Section
41201 or Section 84201.
16003. With respect to applications filed on and after the
effective date of this section by a unified district and any
apportionments and repayments made under the applications, "grade
level maintained by the district" means the kindergarten, if any, and
grades 1 to 12, inclusive, maintained by the district.
A unified district if otherwise eligible, may apply for and
receive an apportionment for either one or both of the grade levels.
This section shall not apply to a unified district during the
first three years following the effective date of this section, or
during the first three fiscal years in which the district is in
existence for all purposes, if the governing board of the district
transmits to the board a written notice stating the district desires
to be exempted from this section during that period.
16004. Notwithstanding any provision of this chapter to the
contrary, the board shall review each application and shall take
action to insure that apportionments are not made that will provide
for construction of permanent facilities to meet temporary peak
enrollments at any site or at any grade level. In cases deemed by
the board to be hardship cases involving high school or unified
school districts where the district will not be able to house high
school pupils under basic area limitation formulas prescribed in this
chapter, the board may make apportionments for high school
facilities in excess of the limitations. In that event, the board
may provide for the construction of portable facilities at any
particular site for which the apportionments are made, particularly
where the board determines that there will be, within a six- to
nine-year period immediately following the apportionment for
facilities at the site, a diminution in enrollment at the site
justifying relocation of facilities. In no event shall the board
have any authority to make an apportionment for construction area at
a high school attendance center which, when added to the area of
adequate school construction at that center, would exceed the area
permitted therefor by Sections 16053 and 16054.
16005. The Director of General Services shall administer this
chapter and shall provide any assistance to the board that it may
require.
16006. The State Allocation Board is continued in existence for
the purposes of this chapter. The members of the board and the
Members of the Legislature meeting with the board shall receive no
compensation for their services under this chapter but shall be
reimbursed for their actual and necessary expenses incurred in
connection with the performance of their duties hereunder, to be paid
out of the State School Building Aid Fund.
16007. The board by the adoption of rules shall give priority in
allocating funds to districts to those districts where the children
will benefit most from additional schoolhouse facilities. This
priority shall be based on acuteness of overcrowding, on rapidity of
growth in attendance, and on the time the district's application has
been ready for allotment. The board may make exceptions when it
determines that it will be for the benefit of the children affected.
The State Department of Education shall assist and cooperate with
the board in determining priorities.
16008. In allocating funds under this chapter, the board may give
first priority to school districts for the replacement and repair of
school buildings and necessary facilities appurtenant thereto
damaged by any earthquake occurring subsequent to July 1, 1952. All
of the provisions of this chapter apply to the districts except the
provisions for the establishment of priorities.
Prior to making any apportionment under this section, the State
Allocation Board may secure from the Department of General Services,
a report showing the
urgency of the work of replacement or repair for which an application
has been filed. The report shall not be conclusive upon the State
Allocation Board, but shall be advisory only.
16009. In addition to any other powers and duties that are
granted the board by this chapter, the board shall:
(a) Establish any qualifications not in conflict with other
provisions of this chapter that it deems will best serve the purposes
of this chapter for determining the eligibility of school districts
to apportionments of funds under this chapter.
(b) Establish any procedures and policies in connection with the
administration of, and the expenditure of funds made available for
the purpose of, this chapter that it deems necessary and which are
not in conflict with the powers and duties of the State Department of
Education or of the director granted or imposed by this chapter.
(c) Adopt any rules and regulations for the administration of this
chapter, requiring the procedure, forms, and information, that it
may deem necessary.
16010. The State Department of Education, in addition to any
responsibilities or approvals required under Sections 39000 to 39323,
inclusive, shall provide the following services to school districts
making applications for apportionments under this chapter:
(1) It shall assist school districts in organizing a comprehensive
planning effort. It shall guide a planning process through its
appropriate steps and, when requested by a school district, it shall
provide the school district with sources of expertise, either public
or private, which may be able to contribute to the development of
plans to find solutions for specific problems a school district may
have.
(2) It shall provide continuing research in relation to all phases
of educational programs and the school facilities that are required
to implement these educational programs.
(3) It shall provide a review and evaluation service to school
districts to assure the effectiveness of the facilities that have
been provided in accommodating educational programs.
(4) It shall provide communication media through publications,
seminars, and prepare planning guides and procedures containing
recommendations, which guides shall be used to disseminate
educational planning information to all school districts.
16011. Each school district which desires an apportionment of
funds under this chapter shall, unless specifically exempted by the
board, prepare a long-range comprehensive master plan for the
district prepared in accordance with acceptable planning procedures.
Information relating to the following factors should be included in
this master plan:
(a) A statement of the educational programs and goals of the
district in relation to its programs, both current and future.
(b) A comprehensive evaluation and report of the utilization of
the school facilities now existing in the district.
(c) A comprehensive demographic study of the district, as it
currently exists and as projected into the future.
(d) A policy statement regarding actual or potential human
problems.
(e) A policy statement as to the priority in which the district
proposes to solve its school housing problems.
(f) A policy statement regarding cooperation with other local
public agencies to achieve total community development.
(g) A policy to insure continuous review so that plans will be
kept up to date and changing conditions will be reviewed and
accommodated by appropriate revision of plans.
The director shall review the long-range master plan and project
development plan and shall report his or her findings and
recommendations thereon to the board.
16012. The board shall prescribe instructions specifying the
manner in which property, real or personal, being replaced through
the apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment. The net proceeds derived from the disposition shall
be contributed in reduction of any apportionment. Any school
district affected shall comply with instructions prescribed by the
board. The board may require a district to transfer to the state, by
any instruments deemed appropriate by the board, title to property,
whereupon, the board shall dispose of the property in any manner it
deems appropriate to insure the highest return to the state, and
apply the proceeds therefrom in reduction of apportionments to the
district. The district affected shall do all things deemed necessary
by the board to implement the disposition. Whenever the board
determines it to be in the best interests of the state, an
apportionment may be made for the demolition of any facilities
replaced through an apportionment. This section shall be applicable
to property replaced by apportionments heretofore or hereafter made
under this chapter or Chapter 6 (commencing with Section 15700) of
this part.
16013. Notwithstanding any other provisions of this chapter, the
board may grant priority in the apportioning of funds to school
districts to those districts which have sold facilities replaced
under a previous application and have applied the proceeds therefrom
in reduction of prior apportionments to the district. Apportionments
so made shall not be in excess of the amount of the proceeds which
were applied to prior apportionments subsequent to July 1, 1970, and
shall be made only for projects which were approved by the board
prior to July 1, 1970.
16014. Apportionment from the State School Building Aid Fund to
school districts shall be made in the manner and subject to the
conditions herein provided and in accordance with policies adopted by
the board, for the following purposes, all of which purposes are
hereby declared to be, and are, public works:
(a) The purchase and improvement of school sites which have been
approved by the State Department of Education.
(b) The purchase of necessary desks, tables, chairs and other
movable furniture and equipment, as approved by the State Department
of Education.
(c) The planning and construction, reconstruction, alteration of,
the moving of portable classroom buildings on an existing site or to
another schoolsite, and addition to, school buildings, including
built-in or fixed equipment, for any facilities that are approved by
the State Department of Education as essential, except a room used
solely for an auditorium for a school of any type or class and a room
used solely for a gymnasium or a room used solely for a cafeteria
for elementary schools. This section does not prohibit the State
Department of Education from approving multipurpose rooms which are
rooms designed to be used for two or more of the following purposes:
(1) Classroom.
(2) Auditorium.
(3) Gymnasium.
(4) Cafeteria.
(5) Any other purposes that district requires which are approved
by the State Department of Education.
Where a district is required by a contract entered into between
itself and a contractor, to obtain at its own expense insurance
covering risks incurred during any construction, reconstruction or
alteration for which an apportionment has been made, the cost thereof
may be paid either directly, or by way of reimbursement, to the
district out of the apportionment, or out of any apportionment made
specifically covering the insurance. However, in other respects the
apportionments are eligible for payment under this chapter.
In addition to the foregoing, the board may make an apportionment
to a school district for the purchase from another school district of
existing facilities, real or personal, including the site thereof,
or any portion of any of the foregoing, providing that the board
finds that it is economical and good practice on the part of the
acquiring district to purchase the same, and that the consideration
to be paid in the light of all the circumstances surrounding the
transfer is fair and equitable both to the acquiring district and to
the state.
16015. Notwithstanding any other provisions of this chapter, the
board may make an apportionment to any school district for the cost
of leasing portable classrooms during the period in which additional
school facilities are being constructed by a previously approved
project, provided that each of the following conditions is satisfied:
(a) The district has received a final apportionment for the
previously approved project and the construction of which has not yet
been completed.
(b) Estimates of average daily attendance used for justifying the
previously approved project indicate either of the following:
(1) An increase over the base period of projection of at least 15
percent.
(2) A substantial number of district classes being on triple
session during the period of construction, as determined by the State
Allocation Board.
(c) The district is making maximum use of its existing facilities
through the operation of one or more continuous school programs.
Any apportionment made to a school district pursuant to this
section shall be added to the final apportionment for the previously
approved project specified in subdivision (a), and the repayment
thereof by the school district shall be made under the same terms and
conditions as prescribed for the final apportionment.
16016. A leasehold or use permit interest held by a school
district in land owned in fee simple by the government of the United
States may, for all purposes of this chapter, be deemed a purchase of
land by the district and to vest title and ownership in the
district.
16017. The board shall not make any apportionment with respect to
an application for replacing inadequate school facilities unless it
has first investigated and made a finding that it would not be
economical or good practice to rehabilitate said facilities.
16018. In addition to the purposes for which apportionments may
be made to school districts under Section 16014, apportionments may
also be made to school districts for the construction, repair,
attachment or development of offsite facilities, utilities or
improvements which the board determines are necessary to the proper
operation or functioning of the school facilities for which
apportionments are made, all of which purposes are hereby declared to
be, and are, public works.
16019. In making applications for, and in expending
apportionments of funds under this chapter, a school district acts as
an agent of the state and all sites purchased and improved, all
equipment purchased, and all buildings constructed, reconstructed,
altered, or added to through the expenditure of funds apportioned
under this chapter, are declared to be, and are, the property of the
state.
The Director of General Services shall file with the county
recorder of the county in which any site purchased or improved
through the expenditure of funds apportioned under this chapter is
located a certificate, properly acknowledged, indicating the state's
interest in real property of the district by virtue of this section,
without the necessity of particularizing the real property. The
recorder shall record and index the certificate in the same manner as
abstracts of judgments and the certificate shall constitute
constructive notice of the state's interest in the particular real
property affected. The certificate shall as to any party thereafter
acquiring real property or any interest therein in the county from
the school district have the same force, effect and priority as if it
had been a judgment lien imposed upon real property which was not
exempt from execution. This effect shall commence upon recordation
and continue until the certificate is discharged or released as
provided herein.
Upon request the Director of General Services shall do each of the
following:
(a) Issue a release of the state's interest in any real property
or a portion thereof that the district has been authorized by the
board to dispose of under Section 16105, provided that delivery of
the release may be subject to any conditions that may be prescribed
by the board to protect the state's interest.
(b) Issue a disclaimer of the state's interest in any real
property or a portion thereof of the district, the disposition of
which the board is not required to consent to under the terms of
Section 16105, provided that the delivery of the disclaimer may be
subject to any conditions that the board deems appropriate to protect
the interests of the state, including conditions relating to the
amount of consideration to be received from the disposition where the
board asserts an interest in the proceeds of the disposition under
other provisions of this chapter. The release or disclaimer shall
conclusively protect any third party relying upon the same and shall
be acknowledged to permit recordation by the county recorder.
Upon payment by the district of all amounts required to be paid by
it or on its behalf to the state under this chapter each of the
following shall occur:
(a) The Director of General Services shall file with the recorder
a release of any certificate. The release shall be recorded and
indexed in the same index as the certificate.
(b) The title to personal property purchased by the school
district with funds apportioned under this chapter shall revert to
the school district without further action by the state.
16020. The board may require school districts to insure for the
benefit of the state all sites, equipment, and buildings which are
under Section 16019 the property of the state, against any risk and
in any amounts that the board may deem necessary to protect the
interests of the state. No state funds apportioned under this
chapter shall be used to pay the premiums on the insurance.
16021. A school district shall not expend money apportioned under
this chapter unless the contracts under which the funds are expended
have been let after competitive bids thereafter pursuant to this
code.
16022. Funds apportioned to a school district under Section 16024
for a project, remaining unencumbered or unexpended one year from
the date the application of the district for apportionment was
approved, shall not be encumbered or expended except as provided in
this section.
The governing board of the district shall notify the board of its
desire to encumber or expend funds. The board shall immediately
request the State Department of Education to, and the department
shall, review the project for which apportionment was made. If the
State Department of Education finds that the conditions existing at
the time it approved the project for which the apportionment was made
have so changed that the needs of the district are less than
originally determined, it shall notify the board of its findings and
of the respects in which the project should accordingly be modified.
The board shall review the project and revise the project in any
manner that it deems necessary subject to Section 16067, and make any
changes in the purposes for which the apportionment may be expended
that it deems necessary. The cost of the project as revised by the
board shall be computed in the manner prescribed by Section 16024 and
the excess, if any, of the amount theretofore apportioned to the
district over the computed cost of the revised project shall be
deducted by the board from the apportionment made to the district.
The board shall give notice of its action, in writing, to the
Controller, the governing board of the district, and the county
auditor and the county treasurer having jurisdiction over the state
school building fund of the district. If the amount of the excess,
or any portion thereof, has not been paid to the district, the
excess, or portion thereof, shall be made available for apportionment
to other districts, if the excess, or portion thereof, has been paid
to the district, it shall not be encumbered or expended by the
district and shall become due and payable to the State of California.
The governing board of the district and the county treasurer shall
pay the amount to the Treasurer, out of the funds, and in the manner
specified in Section 16100. The payment shall, on order of the
Controller, be deposited in the State School Building Aid Fund in the
State Treasury.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
This section does not authorize the board to increase any
apportionment made to a school district.
16023. Notwithstanding any other provisions of this chapter, a
district may apply, on a separate application, for an apportionment
for the purchase of laboratory and vocational training equipment,
whether or not the equipment is for use in connection with a
construction project.
All of the provisions of this chapter apply to the application and
apportionment except that:
(a) Any application for the equipment pursuant to this section
which is received by the board shall be transmitted to the State
Department of Education. If the State Department of Education
approves the application, it shall refer it to the board which shall
either approve or reject the application pursuant to Section 16024.
Any provision of Section 16024 inconsistent with this section shall
not apply to the application.
(b) Section 16007 does not apply.
(c) If the application is approved and an apportionment granted
therefor the district shall repay the full amount of the
apportionment and the interest thereon. The repayment of the
apportionment, and the interest thereon, may be over a period of
years, not to exceed 20 years from the first day of January of the
fiscal year next succeeding the fiscal year in which the
apportionment became final. The number of years allowed for
repayment shall be determined by the board at the time it fixes
interest on the apportionment. The repayment is in addition to any
other repayment required under this chapter.
16024. Each school district that desires an apportionment for a
grade level maintained by it, shall submit through its governing
board to the board an application therefor in the form and number of
copies as the board shall prescribe. Each copy of the application
shall be accompanied by a statement of the estimated cost of the
project certified by an architect or structural engineer, and by
layout plans showing the entire construction project for which the
district desires an apportionment. Before the board approves an
application for a construction project and makes an apportionment
pursuant to this chapter, it shall, after consultation with the
Department of General Services, establish standards for all new
construction included therein. After this consultation the board
shall establish current construction cost standards for that
construction. The standards shall not exceed typical comparable new
construction by school districts in the same area not receiving or
eligible for apportionment under this chapter, or if there has been
no new construction by school districts in the area, the standards
shall not exceed the reasonable current cost of similar construction
in the area. The board shall determine these typical current costs
or reasonable current costs. In applying those standards the board
shall take into account the size and type of the construction
proposed and may make deviations as in their judgment are justified.
When a standard has been set by the board to cover any individual
apportionment, no apportionment shall be made by the board in excess
of that standard, unless the board shall find that in view of a rapid
increase in building costs an adjustment is warranted. Immediately
upon receipt of an application in the prescribed form accompanied by
the required estimate of cost, a copy thereof shall be transmitted by
the board to the director and to the Director of General Services.
A school district shall not let any contract for new construction
included in an application for a construction project that has been
approved by the board if the cost exceeds the construction cost
standards fixed by the board under this section for that new
construction.
A school district may at any time amend or supplement its
application.
Each construction project for which a district applies for an
apportionment shall be applied for on a separate application and
shall be considered separately by the board. If a district applies
for more than one construction project, at the same time or at
different times, the priority points of the district shall be
recalculated after the approval of each separate construction project
and before a subsequent construction project is approved.
The board shall require the changes in the plans that an applicant
school district submits with its application as the board determines
is necessary or desirable to reduce the cost of the project. The
board may also, by rule, provide for the vesting in the director or
in the Director of General Services of the responsibility for
requiring those changes, according to whether the subject matter of
the change is subject to the jurisdiction or approval of the director
or the Director of General Services, respectively.
The board may, for good cause as it shall determine, reduce the
amount of, or modify any provisions relating to, any contribution
required of a school district under the terms of an apportionment,
other than any contribution required of the district under Section
16058 from the sale of bonds. However, the board may not, without
the consent of the district, increase the amount of any district
contribution under the terms of an apportionment, in the absence of
mistake arising from any source, or misrepresentation, concealment,
or omission, on the part of the district, intentional or otherwise.
The provisions of this paragraph shall be applicable to
apportionments heretofore or hereafter made.
The Director of General Services shall determine the school
district's financial ability to meet all or a portion of the cost of
the project and the amount that the school district can contribute
toward the cost of the project out of its available funds, and shall
submit his or her report thereon to the board.
The term "available funds" as used in the preceding paragraph
means funds of the district other than funds received by gift or
bequest.
The director shall, as promptly as possible, prepare a report and
recommendation with respect to the application and refer the
application, report, and recommendation to the Director of General
Services, who shall, if he or she finds the documents to be in proper
form and otherwise sufficient, refer them to the board. If the
director finds the documents to be lacking in any respect as to any
matter that is subject to the jurisdiction or approval of the
director or the State Department of Education, or the board of
governors, as appropriate to their jurisdiction, he or she shall
refer them to the director who shall take action as may be necessary.
Subject to this chapter, the board shall approve or reject each
application referred to it by the director. If the board approves of
the application, either in whole or in part, it shall, by a
resolution adopted by it, apportion to the district from the State
School Building Aid Fund the amount applied for, or any portion
thereof as the board may deem appropriate. However, it may order that
the apportionment or any part thereof shall be paid in progressive
installments at the time and under the conditions as it may then
prescribe. This shall be known as a conditional apportionment and
shall become final only if the vote provided for in Section 16058 is
favorable and if bonds are authorized and sold in the amounts
prescribed by the board, and the proceeds of the bonds sold earmarked
for the project as approved. The conditional apportionment shall
remain effective for a period of 12 months from the date of the
resolution of the board, and if it does not become a final
apportionment by that date, it shall become void and the money so
apportioned shall become again available for apportionment pursuant
to this chapter.
16025. Notwithstanding any other provisions of this chapter, a
school district otherwise eligible to receive a conditional
apportionment under this chapter may apply for an adjustment of
annual repayment obligations in lieu of receiving the conditional
apportionment.
The board may require any information that is necessary to
determine the number of units of estimated average daily attendance
for which the district would have been eligible to construct school
facilities under this chapter, if the conditional apportionment had
been made and had become final. These units shall be known as
"eligible attendance units."
The board shall then determine an "eligible facilities cost" by
multiplying the number of the eligible attendance units by the
average cost of housing elementary or high school pupils as set forth
in the latest report to the Legislature required under Section
16098.
In any fiscal year in which the school district is in the judgment
of the board operating sufficient year-around classes to provide
housing for the eligible attendance units aforementioned, the
Director of General Services shall add to the amount which he or she
is required to certify to the Controller under Sections 16072, 16084,
and 16086 an amount equal to one-twentieth of the eligible
facilities costs.
The additional amount so certified shall be considered for all
purposes of this chapter as eligible bonded debt service.
16026. Notwithstanding any other provisions of this chapter, any
school district whose governing board has adopted and put into effect
a year-round school operation plan or continuous school program, as
defined in Section 16030, or has adopted a plan or program for
operation in the following school year, may apply to the board and
the board may provide financial assistance in furnishing and
installing an air cooling system in those facilities which will be so
operated, so long as the construction of the facility was commenced
prior to December 31, 1972. Financial assistance provided by the
board may be in any of the following forms:
(a) An apportionment pursuant to Section 16024.
(b) An authorization to use proceeds from the sale of district
bonds.
(c) An authorization to use the net proceeds derived from the sale
of unused school sites whether or not there are unpaid
apportionments outstanding against the sites.
The board shall establish cost standards applicable to the
furnishing and installing of air cooling systems in existing schools.
No apportionment or authorization shall be made by the board in
excess of the standard established for the apportionment.
16027. In any fiscal year in which the school district is
conducting a year-round school operation or continuous school
program, as defined in Section 16030, utilizing a facility for which
financial assistance was provided by the board under Section 16026,
the Director of General Services shall add to the amount which he or
she is required to certify to the Controller under Sections 16072,
16084 and 16086 an amount equal to the debt service for retirement of
bonds authorized for use under Section 16026.
16028. Any authorization of the proceeds derived from the sale of
an unused site pursuant to Section 16026 shall constitute a
conversion of the unpaid portion of the apportionment to the
application for an air-cooling system as if an apportionment had
originally been made therefor. The converted apportionment shall be
repaid pursuant to Section 16069 irrespective of Section 16105.
16028.5. Whenever a school district has received an increased
building cost allowance pursuant to Section 16024 or 16026 for the
purpose of providing facilities for year-round school operation as
defined in Section 16030, and in any fiscal year subsequent to the
fiscal year in which the facilities are completed fails to conduct a
year-around school operation, the Director of General Services shall
in the following fiscal year deduct an amount from the eligible
bonded debt service of the district equal to one-twentieth of the
amount of the increased cost allowance plus interest thereon. The
total amount to be deducted in subsequent fiscal years after the
completion of the facilities shall not exceed seven-twentieths of the
amount of the increased allowance, plus interest.
16029. Notwithstanding any other provisions of this chapter, a
school district qualifying for an adjustment of annual repayment
obligations under Section 16025 or 15731 may apply for an
apportionment under this chapter.
The apportionment shall not exceed the "eligible facilities cost",
as defined in Section 16025 or 15731, and may be made available,
upon the review and recommendation of the State Department of
Education, only for the modifications of existing facilities
necessary for the implementation of continuous school programs (as
defined in Chapter 5 (commencing with Section 37600) of Part 22).
In allocating funds under this chapter, the board may give first
priority to school districts for modifications to existing facilities
to be made pursuant to this section when in the judgment of the
board the modifications of existing facilities are necessary for
operation of year-round classes. In no event shall apportionments be
made for modifications to a standard greater than could have been
constructed in a new school building under this article. All of the
provisions of the chapter apply to the districts except the
provisions for the establishment of priorities.
Any apportionment made under this section shall be deducted from
the eligible facilities costs before the Director of General Services
makes his or her computation of the adjustment under Section 16025
or 15731.
16031. Notwithstanding any provision of this chapter to the
contrary, no school district shall be required, except as provided in
this section, to contribute toward the cost of a project for which
an application for an apportionment is filed, any of the following
funds of the district:
(a) Amounts in the general fund of the district which are
apportionments from the State School Fund.
(b) Amounts in the general fund of the district which are the
proceeds of a tax levy and have not been earmarked by the governing
board of the district or the electors of the district for any
purposes for which school district bonds may be issued and sold.
In considering an application for an apportionment the board may
review the purposes for which the district has expended or encumbered
proceeds from the sale of district bonds authorized to be issued at
an election held on or after September 3, 1952. Upon a finding by
the board that any such proceeds have been expended or encumbered for
purposes outside the scope and intent of this chapter, the board may
require the district to contribute toward the project for which an
apportionment is sought from any funds of the district, except those
referred to in subdivision (a) above, an amount equal to the amount
of district bonds proceeds expended or encumbered for purposes
outside the scope and intent of this chapter. Proceeds from the sale
of district bonds which have been encumbered or expended for the
purchase of schoolbuses authorized by Section 15100 shall be deemed
encumbered or expended for purposes outside the scope and intent of
this chapter.
If a district is required pursuant to this section to make a
contribution toward the project for which an apportionment is sought
as a result of the purchase prior to January 1, 1967, of schoolbuses
authorized by Section 15100 out of proceeds from the sale of district
bonds, the district at the time that the board determines that the
contribution is required may agree to pay the required contribution
by payment into the State School Building Aid Fund by 10 or less
annual installments payable without interest over a period not
exceeding 10 years after the date of the final apportionment. The
first installment shall be due and payable one year after the date of
the final apportionment. The installment payments shall be made by
the governing board of the district from moneys in the general fund
of the district if money is available therefor. If the governing
board of the district determines that money is not available in the
general fund of the district for such purposes, the maximum rate of
school district tax for any school year is hereby increased for any
school year by such amount not to exceed the amount of the proposed
payment into the State School Building Aid Fund as shown by the
budget for such school year as finally adopted by the governing board
of the district, less any unencumbered balances remaining at the end
of the preceding school year derived from the revenue from the
increase in the rate of tax provided by this section.
16032. Notwithstanding any other provisions of this chapter,
whenever the board makes a finding pursuant to Section 16031 that
proceeds from the sale of district bonds have been expended or
encumbered by a school district for purposes outside the scope and
intent of this chapter the board, in lieu of requiring the district
to contribute toward the project for which an apportionment is sought
from any funds of the district, may stipulate that such bond funds
expended or encumbered shall not be considered as "eligible bonded
debt service" as defined in Section 16070 and 16084.
16033. The expenditure by a school district, prior to the filing
of an application for an apportionment under this chapter, of
proceeds from the sale of district bonds for the construction of a
swimming pool, shall not in and of itself constitute grounds for
denying an apportionment, but the board may require a contribution of
district funds therefor under Section 16031.
16034. Before the board approves an application for a furniture
or equipment project, or an application for a new construction
project, including furniture and equipment, and after consultation
with the State Department of Education, it shall establish current
furniture and equipment cost standards. Such standards shall not
exceed the quantity and quality of furniture and equipment for
comparable facilities purchased by school districts not receiving or
not eligible for an apportionment under this chapter. Such standards
shall consist of equipment costs for each type of classroom or pupil
station which represents a differential in costs. The standards
shall be reviewed quarterly by the board and adjustments made in
accordance with current cost standards. When standards have been
adopted by the board, no apportionment shall be made by the board in
excess of such standards unless a rapid increase in costs warrants an
adjustment.
Before the board approves an application for furniture and
equipment in connection with an application for the replacement of,
reconstruction of, alteration of, or addition to, a school building,
the State Department of Education, after full consideration of all
the furniture and equipment existing in the applicant district that
is in usable condition, shall recommend the amount that shall be
approved in the application. The board may approve all or a portion
of the amount so recommended.
16035. The board may approve, in whole or in part, an application
submitted by a school district under Section 16024 and in such
amount, not exceeding the amount applied for, as the board may deem
appropriate.
The board may, upon approval of the application, in whole or in
part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount determined by the board, to the applicant
school district from the State School Building Aid Fund for that
portion or portions of the construction project as the board
determines the district is ready to proceed with. If the board has
approved an application and made an apportionment as to a portion or
portions of a construction project, the board may approve the
remaining portion or portions of the construction project and make an
additional apportionment or apportionments within five years after
the original approval without requiring a district to issue
additional bonds. The board may also make an additional
apportionment or apportionments for a period of time in excess of
five years after the original approval without requiring a district
to issue additional bonds if it has made a finding that the
additional apportionment or apportionments are justified by virtue of
the fact that state funds were not available for apportionment
within the two-year period after the original approval because of the
inability of the state to sell authorized state bonds within the
maximum permitted interest rate.
If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
the district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board. Before the additional apportionment becomes
final the district, pursuant to Section 16058, shall hold an election
to repay the amount of the additional apportionment which is in
excess of the amount which the district has previously voted to
repay. The additional apportionment shall become final when the
county superintendent of schools transmits to the board and the
Controller a certificate in duplicate stating that the school
district has authorized the acceptance and expenditure of the
necessary amount of the excess. If the additional apportionments are
made by the board within five years after the original approval,
except an apportionment made final pursuant to subdivision (c) of
Section 16058, the district shall not be required to issue additional
bonds.
Except as otherwise provided in this section, all provisions of
this chapter relating to apportionments shall apply to apportionments
made under this section.
Whenever an apportionment has heretofore been made or is hereafter
made to a district for a site and the district heretofore or
hereafter proposes to acquire the site through negotiation or
condemnation but the total acquisition cost thereof, plus all other
costs incidental to either the acquisition or condemnation of the
site, exceeds or exceeded the apportionment for the site, the board
may at any time hereafter make an additional apportionment to provide
for the differential in total acquisition cost without the district
being required to issue additional bonds to qualify, providing the
board finds (1) that it is in the interest of the state to proceed
with the acquisition despite the acquisition costs, and (2) that the
district is unable to provide, or it would be a hardship to require
it to provide, the excess costs. The board may also, in its
discretion, as a condition of making the apportionment, require the
district to repay in full all or any part of the excess
apportionment, under the terms and conditions that the board deems
desirable, and the district shall be empowered and obligated to
comply if it accepts the excess apportionment, notwithstanding any
other law to the contrary; provided, (1) that no the repayment shall
be required from any source that would be exempt from required
contribution toward the cost of a project under Sections 16024 and
16031 (excepting amounts in the General Fund raised by taxes to pay
any judgment requiring the repayment), and (2) that any portion of
the apportionment not required to be repaid in full, shall be
repayable in the same manner as a construction apportionment.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16036. The board shall, after consultation with the State
Department of Education, establish site cost standards which shall be
used in evaluating the cost in relationship to the size of any site
to be acquired wholly or partially with funds apportioned under this
chapter. In determining the standards, consideration should be given
to the following factors:
(a) The grade level of the school.
(b) The location of the school.
(c) The enrollment to attend the school.
(d) The purchase price of each acre of the site.
(e) The site development cost.
(f) Land use in the area.
16037. Notwithstanding any other provision of this chapter,
whenever the board has made an apportionment more than two years
after the original approval of and apportionment for any construction
project, and pursuant to Section 16035 has required the district to
issue additional qualifying bonds as a condition of the
apportionment, the board may continue to make apportionments as it
may consider necessary to complete the approved construction project
without requiring further qualification by the district, provided the
apportionments are made within two years of the date upon which the
additional qualifying bonds were required.
16038. Notwithstanding the provisions of Section 16035, if the
board has approved an application for a construction project and has
made an apportionment therefor, the board may make an additional
apportionment or apportionments for a period of time in excess of two
years after the original approval without requiring a district to
issue additional bonds; provided that: (1) the approved project
provides for the structural rehabilitation of an unsafe school
building, and (2) the apportionment is necessary to cover costs
resulting from additional items of work necessary for compliance with
structural safety requirements, and the need for such additional
work was not foreseen at the time of the original apportionment.
16039. Notwithstanding any other provisions of this chapter, a
district which applies for an apportionment for the purchase of a
site or for the cost of the preparation of plans and specifications,
which is not a part of a construction project, shall make a separate
application for the site or plans and specifications in the same
manner as prescribed by Section 16024.
All of the provisions of this chapter apply to that application
and apportionment except that:
(a) If the State Department of Education determines that within
five years in the case of an application for an elementary grade
level maintained by the district, or within seven years, in the case
of an application for a high school grade level maintained by the
district, from the date of the application for the site or for the
plans and specifications, there will be sufficient enrollment in the
district, based upon enrollment projection criteria adopted by the
board, to show the need of such site or for the plans and
specifications, it may approve the application. The board may modify
a determination respecting future enrollment in connection with an
application for an elementary grade level maintained by the district
to utilize a period of seven years from the date of the application
if it is necessary to meet the emergency conditions existing in that
certain district due to a rapid increase in the enrollment of pupils,
or due to the scarcity of land within the district, or both. Any
application referred to the board pursuant to this section may be
either approved in whole or in part, not exceeding the amount applied
for, as the board may deem appropriate, pursuant to Sections 16024
and 16035, except that the board may approve additional portions of
an application and make an additional apportionment or apportionments
within five years of the original approval without requiring a
district to issue additional bonds. No additional approval pursuant
to the original application or apportionment thereunder may be made
unless the board first has investigated and determined the necessity
of the additional approval or apportionment, and has received a
report thereon from the State Department of Education. Any provision
of Section 16024 inconsistent with this section does not apply to
that application. As used in this section, an "elementary grade
level maintained by the district" is a grade level composed of the
grades and maintained by the districts specified in clause (1) of
subdivision (e) of Section 16002. As used in this section a "high
school grade level maintained by the district" is a grade level
composed of the grades and maintained by the districts specified in
clause (2) of subdivision (e) of Section 16002.
(b) Section 16007 does not apply.
(c) An application for a site pursuant to this section may include
an amount for the preparation of plans and specifications for school
facilities and for the development of the site, which will conform
to those eligible for construction under this chapter.
(d) If the application is approved and an apportionment granted
therefor the district shall repay the full amount of the
apportionment and the interest thereon. The repayment of the
apportionment for a site and the interest thereon, may be over a
period of years, not to exceed 30 years from the first day of January
of the fiscal year next succeeding the fiscal year in which the
apportionment became final. The repayment of the apportionment for
plans and specifications, and the interest thereon, may be over a
period of years, not to exceed 30 years from the first day of January
of the second fiscal year succeeding the fiscal year in which such
apportionment became final. The number of years allowed for repayment
shall be determined by the board at the time it fixes interest on
the apportionment. The repayment is in addition to any other
repayment required under this chapter. If an apportionment is
granted pursuant to this section for a site and the site is
subsequently used in a construction project for which an
apportionment is received under other provisions of this chapter, or
if an apportionment is granted pursuant to this section for plans and
specifications and the plans and specifications are subsequently
used in a construction project for which an apportionment is received
under other provisions of this chapter, the district shall not be
required to make any further repayments for the site, or the plans
and specifications, as the case may be, pursuant to this section and
the unpaid balance of the apportionment and interest owing on the
apportionment for the site, or the plans and specifications, as the
case may be, pursuant to this section shall be added to the principal
amount of the apportionment and accrued interest thereon for the
construction project. The site is "subsequently used in a
construction project" within the meaning of the preceding sentence,
if it is used in connection with a construction project at the same
grade level by any district receiving a construction apportionment
therefor, as this is not intended as a change in the present law, but
as a statement of the existing law. In addition, the site is
"subsequently used in a construction project" within the meaning of
that reference, if it is used in connection with the construction
project by any district receiving a construction apportionment
therefor at a different grade level, providing that in the latter
instance the board in its discretion consents by resolution to the
combination of the site and construction apportionments.
16039.5. Notwithstanding the provisions of Section 16039, if the
board has made apportionments pursuant to the section for purchase of
a site or preparation of plans and specifications and the district
after January 1, 1977, (1) begins construction on the site of
facilities which are justified by the maximum building areas set
forth in Sections 16047, 16052, 16053, and 16054, or (2) uses the
plans and specifications for the construction of the facilities
using, in any case, funds other than an apportionment, the site or
plans and specifications shall be deemed to be "subsequently used in
a construction project" within the meaning of Section 16039. In
these cases, the balance of the principal amount of the apportionment
for the site or plans and specifications, and accrued interest
thereon, shall not be payable pursuant to Section 16039, but shall be
added by the Controller to, and become a part of, any apportionment
for construction pursuant to Section 16041, as if an apportionment
had been made for the construction and had become final upon the date
construction began.
16040. In any month in which the priority point procedures
prescribed by Section 16007 are utilized, the board may apportion to
school districts, under Section 16039, not more than the sum of four
hundred thousand dollars ($400,000); provided that any amount
apportioned or made final pursuant to subdivision (c) of Section
16058 shall not be subject to the limitation.
16041. If an apportionment is or has been made at any time after
September 9, 1953, for construction on a site for which an
apportionment was made pursuant to Section 16039, from and after the
date the apportionment for construction becomes, or became, final, no
repayment deductions by the Controller pursuant to Section 16080
attributable to the apportionment for the site shall thereafter be
made, except that any the repayment deductions attributable to the
site apportionment which would otherwise be made by the Controller
during the fiscal year in which the construction apportionment
becomes final shall be made during the fiscal year only. The balance
of the principal amount of the apportionment for the site, and
accrued interest thereon, shall be added by the Controller to and
become part of the apportionment for construction, as of the date of
the apportionment, and repaid in the manner otherwise prescribed by
this article. The Controller shall promptly notify the governing
board of the district and the county auditor of the county, the
county superintendent of which has jurisdiction over the district, of
any revision required by this section of any previous computation
made by him or her pursuant to Section 16089.
16042. In addition to any powers granted the board under this
chapter, the board shall have authority to make apportionments to
school districts for the purchase of sites and construction or
purchase of temporary and portable buildings thereon, or for the
construction alone, and for the cost of site preparation, including
necessary utility costs, in connection with their utilization. The
board may establish standards in conjunction with the State
Department of Education pertaining to said sites and facilities as a
condition of making the apportionments.
In addition, the board may expend moneys from the State School
Building Aid Fund directly for the construction, acquisition,
storage, maintenance and repair of the buildings, and administrative
costs relating thereto. In the event the board may lease, sell or
transfer under a lease-purchase agreement the buildings to eligible
school districts or to county superintendents of schools. Any
agreements with school districts may provide for the payment by the
state of site preparation costs, including necessary utility costs,
sufficient to permit the utilization of the facilities. Any building
leased for placement on the school property or under a purchase or a
lease-purchase agreement shall be deemed the construction or
alteration of a school building as those terms are defined in
Sections 17280 to 17313, inclusive. The consideration payable by
either school districts or county superintendents for the facilities
shall, as nearly as practicable, reflect an amount which would render
to the state a fair return, as determined by the board, on its
investment in said facilities and expenditures connected with their
utilization, in the light of the benefits conferred by the agreement
pertaining thereto.
The county superintendent of schools may contract with eligible
school districts respecting and transfer to them by lease,
lease-purchase or sale, facilities acquired by him or her from the
board, provided that the agreements are not inconsistent with the
rights of the state under any agreement between the superintendent
and the board respecting the property. Repayments to the state as
due shall be made by the county superintendent from the funds
received from the affected school districts, and, if necessary to
make the same when due, from the county school service fund, upon
which he or she is authorized to draw requisitions for this purpose.
The fund shall be reimbursed for the withdrawals from any payments
made by the affected districts to the county superintendent not
required when made for the discharge of any obligations of the county
superintendent hereunder to the state.
No transfer of any property acquired directly by the board to any
school district by lease or otherwise shall be made either by the
board or county superintendents without the approval
of the State Department of Education
solely as to (1) the property to be transferred, including incidental
construction, if any, connected therewith, (2) whether the same
shall be by lease or sale, and (3) if less than a sale, the term of
the lease, including any contingent or indefinite term.
The board, affected school districts, and county superintendents
of schools are authorized to do any and all things necessary to carry
out the purposes of this section. Payments required of any affected
school districts under any agreement entered into pursuant to this
section shall be made promptly when due. Whenever the board deems it
economically desirable in the state's interest to do so, it may
dispose of any facilities directly acquired by it to any public or
private parties in the manner and under the terms as it deems best,
providing that the disposition is not inconsistent with any
agreements previously entered into under this section.
The term "eligible school districts" as used in this section,
shall be deemed to refer to those districts which at the time an
agreement contemplated hereunder is entered into would upon proper
application have been eligible to receive an apportionment under this
chapter, provided that solely for the purpose of determining the
eligibility the board, or the county superintendent of schools in
agreements with districts hereunder, may waive construction area
restrictions pertaining to apportionments under this chapter.
16043. If, after a conditional apportionment has been made to a
school district, legal proceedings initiated prior or subsequent to
the making of any conditional apportionment prevent the taking,
within the period during which the conditional apportionment remains
effective under Section 16024, of the actions necessary to permit the
conditional apportionment to become final, the conditional
apportionment shall nevertheless remain effective for a period of
nine months from the date upon which such legal proceedings are
finally determined. The amount of the apportionment may be
diminished by the board after a second investigation at which the
board shall determine whether conditions existing at the time it
approved the project for which apportionment was made have so changed
that the needs of the district are less than originally determined,
and if so, the conditional apportionment shall be reduced by a
corresponding amount.
16044. No apportionment shall be made for new construction which,
when added to the area of adequate school construction existing in
the applicant school district at the time of application, will
provide a total area of school building construction per unit of
average daily attendance of the estimated average daily attendance in
excess of that computed in accordance with Sections 16047, 16052,
16053, 16054, and 16055.
As used in Sections 16047, 16052, 16053, 16054, and 16055,
"maximum area" means maximum area of school building construction and
"attendance unit" means unit of estimated average daily attendance.
As used in this section and Sections 16053, 16054, and 16055,
"attendance center" means a school maintained or to be maintained at
a given location within a district. The State Department of
Education shall approve or disapprove the allocation by an applicant
district of units of estimated average daily attendance among the
attendance centers of the district.
To the building area permitted to an applicant school district by
Sections 16047, 16052, 16053, 16054, and 16055, there may be added
any additional building area that may be required to provide adequate
facilities for exceptional children pursuant to Article 3
(commencing with Section 16190) of this chapter.
No estimate of average daily attendance made by an applicant for
the purpose of justifying an apportionment shall be made for a longer
time than the third fiscal year beyond the fiscal year in which an
application is made, except that an estimate for the purpose of
justifying an apportionment for a grade level maintained by a unified
district, under an application filed prior to September 15, 1961, or
by a high school district composed of grades 7 to 12, inclusive, 9
to 12, inclusive, or 7 to 10, inclusive, or of justifying an
apportionment for a unified district for a junior high school or high
school project under an application made on or after the effective
date shall not be made for a longer time than the fourth fiscal year
beyond the fiscal year in which the application is made. Except as
otherwise provided by the board, the estimates of average daily
attendance shall be based upon the number of family dwellings and
mobilehome parks, as defined in Section 18214 of the Health and
Safety Code, under construction or newly constructed and never
occupied in the district and the number of children residing in the
district. In no case shall an estimate be given effect unless
approved by the board.
For the purposes of this chapter pupils attending grades 7 and 8
in an elementary district but residing in a high school district
which maintains one or more junior high schools shall not be
considered in determining or estimating the average daily attendance
of the elementary district, unless the elementary district is
maintaining and has continuously maintained grades 7 and 8 since a
date prior to January 1, 1959, or unless the electorate of the
district, during the year 1974, has authorized the return of the
seventh and eighth grade pupils from the high school district and the
maintaining of grades 7 and 8 in the elementary district. When
pupils attending grades 7 and 8 are so considered in determining or
estimating the average daily attendance of the elementary district in
making apportionment to the elementary district, these pupils shall
not be considered in determining or estimating average daily
attendance of the high school district in making an apportionment to
the high school district for junior high school purposes.
The board shall develop statewide or areawide averages of pupil
occupancy for family dwellings of various sizes and for mobilehomes
of various sizes for use by applicant school districts in estimating
the average daily attendance of family dwellings and mobilehome parks
under construction or newly constructed and never occupied in the
district.
16045. (a) The board by the adoption of rules shall provide for
the manner of determining the area of adequate school construction
existing in an applicant school district at the time of application.
The rules shall define and provide for the method of determining
building areas that are to be included in whole or in part, or to be
excluded from the area of existing adequate school construction.
The board may make exceptions to this section or to the rules
adopted pursuant to this section when it determines that the
exceptions will be for the benefit of children affected.
For the purposes of this section, "service area" may be defined as
any of the following:
(b) (1) Buildings which when constructed were intended to be used
for a purpose to which the provisions of Sections 17280 to 17313,
inclusive, would not apply, whether or not those sections were in
effect at the time when the building was constructed.
(2) Buildings which when constructed were intended to be used for
a purpose to which Sections 17280 to 17313, inclusive, would apply,
whether or not those sections were in effect when the building was
constructed, but which building has been converted or is intended to
be converted, as shown by the application, to use for purposes to
which the sections would not apply. Service area may include, but is
not limited to, construction used as bus garages, maintenance shops,
centrally located district storage and warehouses, custodial houses,
utility shelters, administration offices, transformer vaults, and
service yards.
(c) In the event that a school district has expended funds for the
purpose of constructing buildings used for housing certificated
employees of the district and their families, the area of the
buildings and the funds expended therefor shall be accounted for in
the following manner:
(1) The area of the buildings constructed or acquired with the
proceeds of a tax levied under Sections 14200 to 14240, 42200 to
42247, and 45020, inclusive, shall be excluded from the building area
of the district.
(2) The area of the buildings constructed or acquired with the
proceeds from the sale of school district bonds prior to July 1,
1961, shall be excluded from the building area of the district,
however, the bond funds shall not be considered as "eligible bonded
debt service" as defined in subdivision (d) of Section 16070 and
Section 16084.
(d) The board shall exclude from the building area of a district:
(1) The area of any building which is or will be used exclusively
for a parent cooperative nursery education facility, and for no other
purpose, and which building at the time of acquisition thereof by
the district was incidental to the purchase of a schoolsite and
unsuitable for classroom purposes or which was acquired by the
district without expenditure of school district funds.
(2) The area of any building which is or will be used exclusively
for a preschool educational program facility pursuant to Chapter 4
(commencing with Section 54400) of Part 29, or Chapter 2.5
(commencing with Section 16150) of Part 4 of Division 9 of the
Welfare and Institutions Code, or any combination thereof; provided,
that the building was constructed, leased, or purchased with local
general funds, or federal or state funds allocated specifically for a
preschool educational program.
(e) The area of adequate school construction existing in a
district at the time of application shall be initially computed as
all of the construction area of a district except all of the
following:
(1) The areas as may be eligible for replacement under standards
established by the board.
(2) The areas in an existing structurally inadequate building for
which an application has been filed for structural rehabilitation or
in a building previously structurally rehabilitated under either
Chapter 6 (commencing with Section 15700) or Sections 16000 to 16207,
inclusive, that exceeds the maximum building area allowed by Section
16044 for a number of pupils, equivalent to those that could be
housed in the building after rehabilitation.
The board shall prescribe by rule the method of computing the
number of pupils which could be so housed for the purposes of this
subdivision.
(f) If the area of adequate school construction, when added to the
minimum facilities needed by the district, results in a total
construction area in excess of the amount prescribed in Section
16044, then the board may make the following adjustments to the
initial computation or the revisions thereof as the board, in its
discretion, deems desirable:
(1) Service areas constructed prior to July 19, 1947, shall be
excluded, except as provided in paragraph (3).
(2) Service areas constructed subsequent to July 19, 1947, shall
be recomputed by multiplying the total number of square feet of said
service area by the percentage determined from dividing the actual
construction cost per square foot as determined by the Director of
General Services by the estimated average cost per square foot of the
new school facilities for which the district has made application.
(3) If any inadequate nonservice area constructed prior to July
19, 1947, is, or will be, converted to a service area, the area shall
be recomputed by multiplying said area by the percentage determined
by dividing the depreciated value of said area by the replacement
cost as the value and cost are determined by the Director of General
Services.
(4) If, after the revised computation of service areas is made as
prescribed under paragraphs (1), (2), and (3), the existing and
requested building area of the district is in excess of the schedule
set forth in Section 16044, the existing building area of nonservice
facilities may be determined on the basis of the number of pupils
housed by the facilities at an allowance per pupil which is not more
than 25 percent in excess of the amount per pupil prescribed in
Section 16044.
The board shall prescribe by rule the method for computing the
number of adequately housed pupils for purposes of this subdivision.
16046. Any building area excluded from the computation of
adequate school building construction by adjustments made under
Section 16045 shall not be subsequently included in computing the
area of adequate school construction by reason of its having been
converted to usable instructional area used exclusively for
vocational educational programs, provided the conversion was
accomplished with federal or district funds, allocated specifically
for that purpose, other than state apportionment funds or bond funds
required to be contributed to the State School Building Aid Program.
16047. There shall be allowed to each district with attendance
units of 300 or more in kindergarten and grades 1 to 6, inclusive, a
maximum area of 55 square feet for each attendance unit of the
district in kindergarten and grades 1 to 6, inclusive.
The maximum total building area per attendance unit allowed to
applicant districts with attendance units of less than 300 in
kindergarten and grades 1 to 6, inclusive, for the attendance units
shall be determined by the board, and shall be building area to
provide comparable facilities to those provided by the first
paragraph of this section, and shall be the least building area
required to house adequately the estimated average daily attendance
and the normal instructional and other services.
16048. The area of any building constructed by a school district
after September 11, 1957 with any funds other than state or federal
funds given or bequeathed to the district after the effective date,
and the area of any building given, devised or bequeathed to a school
district by any entity other than the state or federal government
after the effective date, including any building given to a district
by any city, county or political subdivision of this state, shall not
be included in any computation of the area of adequate school
construction existing in any applicant school district under this
chapter.
For the purposes of this section, any building leased to a school
district for a term exceeding 24 years and for an annual rental of
not exceeding five dollars ($5), shall be construed as constituting a
gift to the district.
16049. The area of any classroom or building used for adult
education classes during the regular schoolday, except a building
area that has been constructed or acquired with the proceeds from the
sale of school district bonds or state or federal funds allocated to
the district under any state school building aid program, shall not
be included in any computation of the area of adequate school
construction existing in any applicant school district under this
chapter.
16050. The area of any building, the construction of which was
financed by the proceeds from a tax levied pursuant to former Section
16633, shall not be included in any computation of the area of
adequate school construction existing in any applicant school
district under this chapter.
16051. The area of any building which has not been constructed or
reconstructed under the provisions of Sections 17280 to 17313,
inclusive, shall not be included in any computation of the area of
adequate school construction under this chapter, provided that such
area is being used exclusively for adult education classes during the
regular schoolday and that the operation of such classes has been
approved by the State Department of Education.
16051.5. The area of any building, the construction of which was
financed by the proceeds of a tax levied pursuant to Section 49502,
shall not be included in any computation of the area of adequate
school construction existing in any applicant school district under
this chapter.
16052. There shall be allowed to each district a maximum area of
75 square feet for each attendance unit of the district in grades 7
and 8.
16053. The allowance of maximum area to a district for the
attendance units in junior high schools of the district composed of
grades 7 to 9, inclusive, or 7 to 10, inclusive, shall be determined
pursuant to this section, rather than Sections 16052 and 16054. This
section does not apply to junior high schools composed of grades 7
and 8 only.
There shall be allowed to each district a maximum area for the
attendance units of the district in junior high schools determined by
computing, in accordance with the following paragraph, the number of
square feet for the attendance units at each junior high school
attendance center of the district, and totaling the number of square
feet so determined for all attendance units in all such junior high
school attendance centers of the district.
There shall be allowed a maximum area of 75 square feet for each
attendance unit of the junior high attendance center in grades 7 and
8. For each attendance unit in grade 9, or grades 9 and 10, as the
case may be, at each junior high school attendance center, there
shall be allowed a maximum area of a number of square feet equal to
the number of square feet which would be allowed under Section 16054
for each attendance unit of an attendance center having a total
number of attendance units equal to the total number of attendance
units in grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case
may be, at the junior high school attendance center. The number of
square feet which would be allowed under Section 16054 for each
attendance unit of an attendance center shall be computed by
determining in accordance with that section the total number of
square feet which would be allowed at an attendance center and
dividing such total number of square feet by the total number of
attendance units at such attendance center.
16054. There shall be allowed to each district a maximum area for
the attendance units of the district in grades 9 to 12, inclusive,
determined by computing, for the attendance units in grades 9 to 12,
inclusive, at each attendance center of the district, a number of
square feet for the number of attendance units in such grades at each
attendance center, in accordance with the following table, and
totaling the number of square feet so determined for all attendance
units in such grades of all attendance centers of the district:
Attendance units of Maximum number of square
attendance center feet of building area
1-50 ............... 18,000
51-100 ............... 18,000 plus 162 for each attendance
unit over 50
101-200 ............... 26,100 plus 99 for each attendance
unit over 100
201-300 ............... 36,000 plus 60 for each attendance
unit over 200
301-600 ............... 42,000 plus 54 for each attendance
unit over 300
601-1,800 ............. 58,200 plus 80 for each attendance
unit over 600
Over 1,800 ............. 154,200 plus 85 for each attendance
unit over 1,800
16056. When a unified district which is otherwise qualified for
an apportionment under this chapter applies for an apportionment and
the area of adequate school construction existing in any one of the
component elementary districts included in the unified district is of
such an amount that the district is prevented, by Sections 16044 to
16055 inclusive, from receiving an apportionment, the maximum area of
school construction for each unit of attendance, for elementary
school construction prescribed by such sections, may be computed
separately for each component elementary district without regard to
the area of adequate school construction existing in the other
component districts, and apportionments made to the unified district
on the basis of such separate computations. On request of the
governing board of the unified district the State Superintendent of
Public Instruction shall make or cause to be made a survey of
building needs in the district and the area computations for
elementary school construction. He or she shall report his or her
findings and recommendations to the board for consideration in
connection with any application before the board from the unified
school district.
16057. Payment shall be made in accordance with the terms of a
final apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which
have been made by the district for any items approved by the board in
the apportionment, provided, the construction contract has been let
no earlier than two years preceding the date the application is
received by the board. Where expenditures were made for, or work was
commenced with respect to, any item so approved, prior to the time
the application of such district containing such item was received by
the board, payment or reimbursement for the item, either with state
funds or with district funds which the district is required to
contribute by the apportionment, shall be made only upon
authorization of the board by special resolution citing this section.
16058. No apportionment to a school district shall become final
unless: (a) the total amount of outstanding bonds of the district
exceeds 95 percent of the basic bond requirement of the district on
the date the conditional apportionment is made, or (b) if the total
amount of the bonds of the district outstanding and unpaid is within
twenty-five thousand dollars ($25,000) of the basic bond requirement
of the district, as of the date on which the conditional
apportionment is made, or (c) the district has issued and sold
pursuant to this section, and as a condition to the initial
conditional apportionment, an amount of bonds equal to the total cost
of the project for which the apportionment was made, including
necessary contingencies. At the time the board makes a conditional
apportionment pursuant to Section 16024, it shall determine the total
amount of bonds which shall be issued and sold by the district, the
proceeds of which shall be applied toward the cost of the project for
which the apportionment is sought. The amount so determined by the
board shall be not less than the minimum amount required for the
apportionment to become final under this section. Any apportionment
made by the board pursuant to Section 16024 shall be conditioned upon
the approval and sale of the bonds by the district. The amount of
any apportionment for a construction project made as a consequence of
applying district bond proceeds toward the reduction of prior
apportionments pursuant to this section instead of applying the
district bond proceeds toward the cost of the construction project,
shall be excluded in determining the amount chargeable against the
apportionments authorized by the electorate of the district to be
accepted, expended and repaid. It is hereby declared that this
provision, added by the amendment to this section enacted at the 1958
First Extraordinary Session of the Legislature, is not intended as a
change in the law, but rather as a declaration of existing law.
Any provision of this code to the contrary notwithstanding,
whenever the electors of a district, subsequent to any requirement by
the board for the sale of bonds in connection with an apportionment,
authorize the issuance of bonds for any purpose for which an
apportionment could lawfully be made, the authorization shall, in
addition to the purposes specified, be deemed to constitute the
consent of the electors to apply the proceeds of the bonds so
required to be sold by the board toward the reduction of any
apportionment previously made to the district. Any bond funds used
to reduce any apportionment pursuant to this section shall be
transferred to the State School Building Aid Fund and shall be
available for reapportionment by the board. The amount so determined
by the board shall be not less than the minimum amount required for
the apportionment to become final under this section. Any
apportionment made by the board pursuant to Section 16024 shall be
conditioned upon the approval and sale of the bonds by the district.
No apportionment to a school district under this chapter shall
become final, nor any agreement authorized by Section 16042 be
entered into unless at an election called by the governing board of
the district, two-thirds of the qualified electors of the district
voting thereat have authorized the governing board to accept, expend
and repay as provided in this chapter and apportionment under the
provisions thereof or, with respect to the agreement, to obligate the
district in an amount equal to or in excess of the maximum amount
which the district could be obligated by the agreement, or by any act
of its governing board or for which it is responsible, contemplated
or permitted thereby. The election shall be called, held and
conducted in the same manner as are elections to authorize the
issuance of school district bonds, except that the ballot shall
contain substantially the following words:
"Shall the governing board of the district be authorized (1) to
accept and expend an apportionment from the State of California under
and subject to the provisions of Chapter 8 (commencing with Section
16000) of Part 10 of Division 1 of Title 1 of the Education Code,
which amount is subject to repayment as provided by said chapter, or
(2) to enter into an agreement or agreements with the state pursuant
to Section 16042 of the Education Code, which will at the time of
such agreement or agreements (or at the time of any subsequent act of
the governing board, or for which it is responsible, contemplated or
permitted thereby) commit the district to a total expenditure in
connection with all such agreements of not more than ____ dollars
($____), or both. Yes__ No__."
16059. Notwithstanding any provision of Section 16058, if a
previously eligible applicant school district has received
apportionments and has realized savings in state aid apportionments
or district contributions, or both, including any interest earned
thereon, on completed projects pursuant to this chapter, which
projects have not been reduced to final costs, the district may apply
for, and shall be granted, final apportionments for additional
eligible facilities in a total amount not to exceed those project
savings.
The project savings for which a district has applied pursuant to this
section shall not be considered excess apportionments or
unencumbered balances for the purposes of Sections 16100 and 16104.
In no event shall the grant of the project savings to the district
pursuant to this section extend the repayment period of any prior
apportionments for the purposes of canceling the interest and
principal payable thereon pursuant to Section 16083.
16060. Notwithstanding any provisions of Section 16058, if an
applicant district issues and sells bonds prior to an apportionment
in an amount which results in its being on the date of the
apportionment within five thousand dollars ($5,000) of the basic bond
requirement of the district, and makes the entire proceeds of the
bond issue available for the purposes of the apportionment, or as a
condition of an apportionment is required by the board to sell bonds
to within five thousand dollars ($5,000) of the basic bond
requirement of the district, and to make the proceeds available for
the purposes of Section 16058, the district shall remain qualified to
receive an apportionment or apportionments prior to the next
equalized assessment of the county or counties in which said district
is located without being required to issue and sell additional
bonds, notwithstanding the retirement of any bonds of the district or
territorial changes therein subsequent to any apportionment referred
to in this section and prior to the next equalized assessment.
16061. Immediately after the result of the election has been
determined, the county superintendent of schools shall make a
certificate in duplicate stating whether the bonds have been
authorized in the amount prescribed by the board and whether the
school district has authorized the acceptance and expenditure of the
apportionment. One copy of the certificate shall be sent to the
board and one copy to the Controller. When the bonds authorized have
been issued and sold and the proceeds thereof made available for the
purposes of the application, the county superintendent of schools
shall also certify this fact to the board and the Controller. Upon
the receipt by the board of the certificates stating that the bonds
have been issued and sold and the proceeds made available for the
purposes of the application, the apportionment shall become final.
16062. The election by a school district upon the acceptance,
expenditure, and repayment of an apportionment prescribed by Section
16058 may be called and held either before or after the making of an
apportionment except that no election shall be held within 45 days
before a statewide election or within 45 days after a statewide
election unless conducted at the same time as that statewide
election, subject to Part 3 (commencing with Section 10400) of
Division 10 of the Elections Code.
16063. Whenever a conditional apportionment has, prior to January
1, 1980, been made to an applicant school district pursuant to this
chapter and thereafter the county superintendent of schools of the
county having jurisdiction over the district has certified to the
board and the Controller that at an election called, held and
conducted in the district for that purpose, two-thirds of the
qualified electors of the district voting thereat authorized the
governing board of the applicant school district to accept, expend
and repay an apportionment under this chapter, and whenever
thereafter the county superintendent of schools has certified to the
board and the Controller that the amount of bonds, if any, required
by the board, as a condition to the apportionment becoming final,
have been issued and sold and the proceeds thereof made available for
the purposes of the application and the board has certified to the
Controller that the apportionment to the applicant school district
has become final, the final apportionment is hereby confirmed,
ratified, and validated, and any expenditure of money from the State
School Building Aid Fund according to the terms of the final
apportionment is hereby confirmed, ratified, and validated.
Notwithstanding any provision to the contrary, no funds authorized
by any bond act for the purpose of this chapter shall be made
available for expenditure without specific authority of the board or
its delegated representative.
16064. If the board has made an apportionment to a school
district after November 1, 1960, upon the condition that the district
issue and sell district bonds in an amount prescribed by the board,
and an election was heretofore held in the district at which
two-thirds of the voters voting on the proposition to authorize the
issuance and sale of bonds in an amount sufficient to meet the
condition of the apportionment voted in favor thereof, all acts or
proceedings heretofore taken by or on behalf of the school district,
under any law, or under the color of any law, for the authorization,
issuance, sale or exchange of the bonds of the school district for
any public purpose are hereby confirmed, validated and declared
legally effective. This shall include all acts and proceedings of
the governing board of the school district, and of any person or
officer, heretofore done or taken upon the authorization, issuance,
or sale of the bonds.
All bonds of any the school district heretofore authorized to be
issued and hereafter issued and delivered in accordance with the
authorization shall be the legal, valid and binding obligations of
the district.
As used in this section the word "hereafter" means any time on or
subsequent to the effective date of this section and the word
"heretofore" means any time prior to the effective date.
16065. Notwithstanding any provision to the contrary after June
28, 1955, at the time the board makes an apportionment, the board,
with the approval of the Director of General Services, shall,
pursuant to this section, fix the rate of interest to be paid by the
district on the sum apportioned to it. The board shall compute the
average of the rates of interest which the state pays upon the state
school building bonds, authorized by Article XVI, sold at the three
sales of state school building bonds occurring immediately prior to
the apportionment, or, if the board so determines, at all of the
sales of the bonds occurring in the two years immediately prior to
the apportionment, giving effect to the price at which the state
school building bonds sold at the sales, and the premium, if any
paid, thereon. The average rate shall be adjusted to the next
highest one-tenth of 1 percent to cover the cost of sale and issuance
of the bonds and costs of administration. The adjusted average rate
shall be the rate paid by the district on its apportionment, and
shall be compounded annually through the 30th day of June of each
year.
16066. Apportionments may be made irrespective of whether there
is on deposit at the time thereof a sufficient amount in the State
School Building Aid Fund to permit the payment of the apportionments.
Disbursements may be made under any apportionment which heretofore
or hereafter becomes final from any funds in the State School
Building Aid Fund without regard to whether there exists at the time
of the disbursement a sufficient amount in the fund to permit the
payment in full of all apportionments previously made. However, no
disbursements shall be made from any funds in the State School
Building Aid Fund required by law to be transferred to the General
Fund, or from any moneys therein which the Controller deems necessary
to satisfy appropriations from the fund for purposes other than
apportionments.
16067. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment or for any project or part
thereof which has not been approved by the State Department of
Education.
16068. If any school district receives a final apportionment
under this chapter and after November 12, 1952, receives money from
the federal government as reimbursement for any expenditures by the
state or school district for constructing any school facilities
included in the construction project for which the district is
receiving an apportionment, the amount of the district's annual
repayment next succeeding the date on which the district receives the
money shall be increased by the amount of the money so received;
provided, however, that the annual repayment of the district shall
not be so increased where the money received from the federal
government constitutes a contribution toward the cost of school
facilities which are to be acquired, in part, with an apportionment,
and the federal funds are encumbered or expended by the district in
accordance with the purposes of the apportionment.
16069. Each district to which an apportionment has been made
under this chapter shall repay the principal amount of the
apportionment and the accrued interest thereon in the amount and in
the manner provided in this chapter.
16070. The following definitions apply to the computation and
determinations required to be made under Section 16072, 16074, and
16075, and they apply with respect to each grade level of a district
for which grade level an apportionment has become final during any
preceding fiscal year.
(a) "Forty-cent tax amount" means the amount that would be
produced by a tax of forty cents ($0.40) on each one hundred dollars
($100) of assessed valuation, to and including 1980-81 fiscal year.
For the 1981-82 fiscal year and thereafter, the tax shall be 0.10
percent of the full valuation. This tax amount shall exclude the
full value of solvent credits and other intangible property, for the
current fiscal year within the district.
(b) "Thirty-cent tax amount" means the amount that would be
produced by a tax of thirty cents ($0.30) on each one hundred dollars
($100) of the assessed valuation to and including the 1980-81 fiscal
year. For the 1981-82 fiscal year and thereafter, the tax shall be
0.075 percent of the full valuation.
(c) "Ten-cent tax amount" means the amount that would be produced
by a tax of ten cents ($0.10) on each one hundred dollars ($100) of
the assessed valuation to and including the 1980-81 fiscal year. For
the 1981-82 fiscal year and thereafter, the tax shall be 0.025
percent of the full value.
(d) "Eligible bonded debt service" means the amount raised and to
be raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the bonded
indebtedness of the district that was incurred for each the grade
level prior to the making of the first apportionment for grade level
to the district under the provisions of this chapter computed as
provided in Section 16072 plus the amount of the annual repayment
under Chapter 6 (commencing with Section 15700) of this part,
provided that for the purposes hereof the first apportionment made to
a district for a grade level after all previous apportionments to
the district for that grade level have been repaid in full, excluding
apportionments made under Section 16039 and not combined with
construction apportionments, shall be deemed to be the "first
apportionment for the grade level."
16071. This section applies only to a unified school district
that filed an application on or after April 30, 1977, for an
apportionment for a grade level consisting of kindergarten, if any,
and grades 1 to 12, inclusive, and the repayments required for
apportionments made under those applications.
The following definitions apply to the computation and
determinations required to be made under Sections 16072, 16074, and
16075, and they apply with respect to the grade level of a unified
school district for which grade level an apportionment has become
final during any preceding fiscal year:
(a) "Forty-cent tax amount" means the amount that would be
produced by a tax of 0.20 percent of full valuation for the current
fiscal year within the district.
(b) "Thirty-cent tax amount" means the amount that would be
produced by a tax of 0.15 percent of full valuation for the current
fiscal year within the district.
(c) "Ten-cent tax amount" means the amount that would be produced
by a tax of 0.05 percent of full valuation for the current fiscal
year within the district.
(d) "Eligible bonded debt service" means the amount raised and to
be raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the bonded
indebtedness of the district that was incurred for each grade level
prior to the making of the first apportionment for the grade level to
the unified school district under this chapter computed as provided
in Section 16072 plus the amount of the annual repayment under
Chapter 6 (commencing with Section 15700) of this part.
If the unified school district's first apportionment under this
chapter was for a grade level consisting of kindergarten, if any, and
grades 1 to 6, inclusive, grades 1 to 8, inclusive, grades 7 to 12,
inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive,
"eligible bonded debt service" means the amount raised and to be
raised by the district during the current fiscal year for the
repayment of principal and interest on the portion of the
indebtedness that was incurred for elementary and high school
purposes prior to the making of the first apportionment under this
chapter computed as provided in Section 16072 together with the
amount of the annual repayment under Chapter 6 (commencing with
Section 15700) of this part.
16071.5. The amounts raised and to be raised by the district
during the current fiscal year for repayment of principal and
interest for any bonds, issued and sold by an applicant district,
which are in excess of the "basic bond requirement," as defined in
Section 16002.5, shall not be considered as "eligible bonded debt
service" for purposes of computing repayments or deferments pursuant
to Sections 16070, 16072, 16073, 16084 and 16086.
16072. On or before the first day of December of each fiscal
year, the Director of General Services shall determine for each grade
level and certify to the Controller the eligible bonded debt service
for the district, as follows:
(a) He or she shall determine the amount of the bonded
indebtedness that was incurred by the district for each grade level,
when bonds were issued and sold for purposes of more than one grade
level. When one or more additional apportionments have been made to
a grade level of a school district, conditioned upon the issuance and
sale of additional bonds of the district or upon the requirement
that the proceeds of bonds issued and sold be contributed for the
purposes of the application for which the apportionment is made, the
Director of General Services shall determine and include in the
eligible bonded debt service and in his certificate the amount raised
and to be raised by the district during the current fiscal year for
the payment of principal and interest on that portion of the
additional bonded indebtedness of the district that was incurred for
each such grade level as a condition to receiving the additional
apportionment or which was incurred for bonds issued and sold, the
proceeds of which were required to be contributed for purposes for
which the apportionment was made.
(b) If the Director of General Services determines in any fiscal
year that the amount certified to the Controller as the eligible
bonded debt service during the last preceding fiscal year is more
than the amount actually raised by the district for the repayment of
principal and interest of the bonded indebtedness referred to in
subdivision (d) of Section 16070 and subdivision (a) of this section,
then the Director of General Services shall subtract from the amount
determined as the eligible bonded debt service for the current
fiscal year an amount equal to the difference between the amount
actually raised by the district during the preceding fiscal year for
the repayment of such bonded indebtedness and the amount so certified
by the Director of General Services.
(c) If the Director of General Services determines in any fiscal
year that the amount certified to the Controller as the eligible
bonded debt service during the last preceding fiscal year is less
than the amount actually raised by the district for the repayment of
principal and interest of the bonded indebtedness referred to in
subdivision (d) of Section 16070 and subdivision (a) of this section,
then the Director of General Services shall add to the amount
determined as the eligible bonded debt service for the current fiscal
year an amount equal to the difference between the amount actually
raised by the district during the preceding fiscal year for the
repayment of the bonded indebtedness and the amount so certified by
the Director of General Services.
(d) If an apportionment has been made to a district for a grade
level for which the district also received an apportionment pursuant
to Chapter 4 (commencing with Section 15700) of this part, the
Controller shall determine the amount of the annual repayment, if
any, due from the district during the next succeeding fiscal year for
the grade level as required by Chapter 4 (commencing with Section
15700) of this part and the amount shall be included by the
Controller in the eligible bonded debt service of the district for
that grade level. For an apportionment to a unified district for a
grade level consisting of kindergarten, if any, and grades 1 to 12,
inclusive, for which an application for an apportionment was filed on
or after the effective date of the amendment to this section made at
the 1961 session of the Legislature, if an apportionment had also
been made to the district pursuant to Chapter 4 (commencing with
Section 15700) of this part for a grade level consisting of
kindergarten, if any, and grades 1 to 6, inclusive, or 1 to 8,
inclusive, or grades 7 to 12, inclusive, 9 to 12, inclusive, or 7 to
10, inclusive, the Controller shall determine the amount of the
annual repayment, if any, due from the district during the next
succeeding fiscal year for all of the grade levels as required by
Chapter 4 (commencing with Section 15700) and the amount shall be
included by the Controller in the eligible bonded debt service of the
district for the grade level consisting of kindergarten, if any, and
grades 1 to 12, inclusive.
16072.5. Whenever a school district has applied the proceeds of a
sale of local bonds to a project pursuant to subdivision (c) of
Section 17032, the Director of General Services shall include in the
determination of the eligible bonded debt service of the district,
the amount raised or to be raised for repayment of principal and
interest on that portion of the bonded indebtedness of the district
generating the proceeds.
16073. Whenever (a) a school district which has not sold bonds
within two fiscal years immediately preceding the fiscal year in
which a repayment computation is made pursuant to this article; and
(b) the district is not eligible for deferment under Section 16084 or
16086 and has been required during the fiscal year in which
repayment computations are made to issue bonds in order to qualify
for an apportionment; and (c) no funds for the required bond issue
have been provided during that year in the district's bond interest
and redemption fund budget, the Director of General Services shall
determine the eligible portion of the amount required from taxes for
the required issue during the next succeeding fiscal year and shall
certify the amount to the Controller as additional eligible debt
service prior to the levy of taxes during such fiscal year. The
provisions of this section shall apply to the qualifying bond
requirements commencing with the 1972-73 fiscal year.
16074. On or before the first day of January of each fiscal year,
the Controller shall compute for each grade level of a district for
which grade level an apportionment has become final during any
preceding fiscal year the 40-cent tax amount, the 30-cent tax amount
and the 10-cent tax amount.
16075. On or before the first day of January of each fiscal year
the Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year, as
follows:
(a) If, for any grade level of a district, the amount of the
eligible bonded debt service exceeds the 40-cent tax amount, no
annual repayment shall be due the state from such district with
respect to such grade level during the next succeeding fiscal year.
(b) If, for any grade level of a district, the 40-cent tax amount
is greater than the eligible bonded debt service, the amount of such
excess shall constitute the annual repayment due the state with
respect to such grade level during the next succeeding fiscal year;
except that if the eligible bonded debt service is less than the
10-cent tax amount, the annual repayment shall equal the 30-cent tax
amount.
(c) The total repayment for each district is the sum of the annual
repayments determined for each grade level of the district under
this section.
16076. Whenever the Director of General Services has certified an
additional amount of eligible debt service under the provisions of
Section 16073, the Controller shall make a recomputation of the
annual repayment and notify, in writing, the board of supervisors of
the county, the governing board of the district, the county auditor,
and the county superintendent of schools having jurisdiction over the
district of the revised repayment. The recomputation and
notification shall be completed prior to the date on which the board
of supervisors makes the levy of taxes for county purposes.
16077. If an apportionment is made for a project which includes a
multipurpose room the board shall determine and specify the portion
of the apportionment that is allocated to the cost of the
multipurpose room.
If a district receives an apportionment a portion of which is for
a multipurpose room it shall repay the principal amount of such
portion of the apportionment as an additional payment as provided by
this section. Interest on the total apportionment shall be paid as
provided in Section 16083. The repayment is in addition to the
repayments required on the total of all apportionments to the
district, which shall be repaid as otherwise provided in this
chapter.
Notwithstanding the provisions of Sections 16083 and 16087 for
cancellation of the principal amount of apportionments the Controller
shall continue to make the deduction provided by Section 16080
during each fiscal year thereafter until the principal amount of the
portion of the apportionment that was allocated to the cost of the
multipurpose room and was made and disbursed to the district has been
withheld, or for an additional period of 10 years, whichever first
occurs. At the expiration of 40 years from the first day of July of
the fiscal year next succeeding the fiscal year in which the
apportionment became final, the unpaid balance of the principal
amount of the portion of the apportionment shall be canceled on the
books of the State Controller and the provisions of Section 16083
shall thereupon become applicable thereto and the board shall execute
a conveyance to the district as provided in Section 16087.
16078. Notwithstanding any other provision of this chapter, the
total amount of the repayment made each year by each school district
to which one or more apportionments have been made under this chapter
shall not be less than the amount of the cost to the state for that
year to pay principal and interest on the bonded indebtedness
incurred to fund the apportionment or apportionments made to that
district.
16079. Notwithstanding any other provision of this chapter, and
regardless of how many apportionments are made to a grade level of a
school district under the provisions of this chapter, the total
annual repayment for such grade level during any fiscal year,
covering all such apportionments, shall not exceed the amount that
would be computed under Sections 16070 to 16080, inclusive, for any
one of such apportionments.
16080. The Controller shall, during the next fiscal year
following that in which he or she determines the annual repayment as
herein provided, deduct the total amount of the annual repayment of
each district in equal amounts from each of the February, March,
April, and May installments of the apportionments made to the
district from the State School Fund under Sections 46304, 46305, and
41050 and 92, Sections 41330 to 41343, inclusive, and Sections 41600
to 41972, inclusive, and, on order of the Controller, the amount so
deducted shall be transferred to the State School Building Aid Fund.
All money transferred to the State School Building Aid Fund under
this section shall be available only for transfer to the General Fund
of Section 16403.
16080.5. (a) Notwithstanding any other provision of this chapter,
for any school district that qualifies under subdivision (b), as
certified by the State Allocation Board, the Controller, upon receipt
of a written request to that effect from the governing board of the
school district, shall reduce the tax amount that would otherwise be
utilized in computing the district's annual repayment obligation
under this chapter by the amount of 50 percent.
(b) Subdivision (a) shall apply to any school district in which,
on or after January 1, 1989, the voters of the district approve a
local general obligation bond measure, which measure includes within
its purposes the funding of school facilities construction or
reconstruction. Subdivision (a) shall apply to a district that
qualifies under this subdivision as of the day following the date of
that voter approval.
16081. Notwithstanding any provision of law to the contrary,
whenever in any fiscal year, pursuant to Chapter 5 (commencing with
Section 5096), Part 9, Division 1 of the Revenue and Taxation Code, a
refund is made or a judgment rendered, as the case may be, for the
return of an amount collected as school district taxes levied during
a previous year upon secured or unsecured personal property, because
it was determined that such property was exempt from taxation, and
such property so determined to be exempt equals 1 percent, or more,
of the assessed valuation in the school district upon which school
district taxes for such previous year were levied, the Controller
shall reduce the annual repayment of the district and the amount
deducted from the State School
Fund apportionment of such district for the fiscal year next
succeeding that in which such refund was made or judgment rendered,
by that amount by which the annual repayment and deduction of the
district would have been reduced for the fiscal year next succeeding
that in which such taxes were levied had the assessed valuation upon
which such annual repayment was computed not included an amount of
assessed valuation equal to the amount of assessed valuation of the
property so determined to be exempt.
The amount of annual repayment and deduction, reduced as required
by this section, shall be the amount deducted by the Controller for
the purposes of Sections 16080, 16089 and 16090 for the fiscal year
in which such reduction is made.
16082. (a) Upon request of the district, the Controller shall use
in computing the "40-cent, 30-cent, and 10-cent tax amounts" under
Section 16070 the difference between the total assessed valuation of
property in a district as shown on the equalized assessment roll for
the current fiscal year and the assessed valuation of property as
shown on the equalized assessment roll for the current fiscal year,
in excess of 2 percent of such total assessed valuation, with respect
to which revenues of the district taxes levied in the 1954-1955
fiscal year, or thereafter, have been impounded by the county auditor
pursuant to Section 14240. Beginning with the 1981-82 fiscal year,
the difference in excess of 0.50 percent of the total assessed value
shall be used in the computation. If the request is received prior
to August 1, 1955, with respect to the impounding of revenues of
taxes levied during the 1954-1955 fiscal year, the Controller shall
recompute the annual repayment of the district due during the
1955-1956 fiscal year on the basis of the reduced assessed valuation,
and, on or before September 1, 1955, notify the officers and board
referred to in Section 16089 of the recomputed annual repayment for
the 1955-1956 fiscal year, and of the recomputed amount to be
deducted from the State School Fund apportionment to the district
during the 1955-1956 fiscal year.
(b) Whenever, after July 1, 1955, the county auditor notifies the
Superintendent of Public Instruction and the Controller of the
release of impounded tax revenues to the school district, the
Controller shall add to the annual repayment of the district for the
first fiscal year or second fiscal year next succeeding that in which
the notification of release was made, that amount by which the
annual repayment of the district for a previous fiscal year was
reduced by reason of the exclusion of assessed valuation with respect
to tax revenues impounded and thereafter released.
(c) The amount of annual repayment and deduction, increased or
reduced as required by this section, shall be the amount deducted by
the Controller for the purposes of Sections 16080, 16089, and 16090
for the fiscal year in which the increase or reduction occurs.
(d) If a request is received from a school district and an annual
repayment reduced pursuant to subdivision (a) hereof, Section 16081
shall not apply with respect to any tax revenues to which subdivision
(a) applies.
16083. The Controller shall make the deduction provided by
Section 16080 during each fiscal year, as herein provided, until the
principal amount of the apportionment made and disbursed to the
district for the grade level, and all accrued interest due thereon,
has been withheld; but no interest shall accrue, or become due and
payable, to the state with respect to the principal amount of the
apportionment, or any portion thereof, for any period of time
following the expiration of 25 years after the first day of July of
the fiscal year next succeeding the fiscal year in which the
apportionment becomes final. At the expiration of 30 years from the
first day of July of the fiscal year next succeeding the fiscal year
in which the apportionment became final, the unpaid balance of the
principal amount of the apportionment disbursed to the district,
including all interest included in the principal amount as provided
in Section 16088, shall be canceled on the books of the Controller;
and the state shall have no further right to the repayment of the
unpaid balance. Notwithstanding the provisions of this section, that
portion of the "annual repayment," if any, computed by the Controller
under Section 16075 prior to the date of cancellation of the
principal amount of an apportionment under this section, which has
not been withheld by the Controller, as provided by Section 16080,
prior to the date of the cancellation, shall be withheld by the
Controller, as provided by Section 16080, subsequent to the effective
date of the cancellation; and the amount so withheld shall be
credited to the school district in determining the principal amount
of the apportionment, including all interest included therein, which
is canceled under the provisions hereof. The grade level shall be
excluded from any computations provided under Sections 16070, 16071,
16072, 16074, and 16075, in making the computations, after the
effective date of the cancellation, to determine the "annual
repayment," if any, that may thereafter be due the state from the
school district with respect to other grade levels thereof.
16084. If, on or before June 30th of any fiscal year, the
governing board of any school district files a request with the
Controller for a deferment of the annual repayment due from the
district during the next succeeding fiscal year for an apportionment
received by the district pursuant to this chapter or Chapter 6
(commencing with Section 15700) of this part, and it is determined,
in accordance with this section, that the district is entitled to a
deferment of all or part of the annual repayment, the deferment shall
be made in accordance with the determination. The request for
deferment, having once been filed with the Controller, shall remain
in effect each ensuing year, and the Controller shall continue to
compute and allow the deferment in accordance with this section each
year, until the time as the governing board of the school district
files a written request with the Controller to discontinue the
deferment.
As used in the preceding paragraph, "any school district" means a
district which is liable for the repayment of the principal amount of
apportionments made to the district under the provisions of Chapter
4 (commencing with Section 15700) of this part and which has received
a conditional apportionment under this chapter.
The portion of the annual repayment to be deferred under this
section shall be determined as follows:
There shall be computed the amount required to be raised by taxes
on property within the district, during the fiscal year in which the
annual repayment is to be deducted pursuant to Sections 15735 and
16080, for the payment of principal and interest on (a) any bonded
indebtedness incurred for school purposes prior to the first
conditional apportionment to the school district under this chapter,
(b) any bonded indebtedness which was incurred as a condition to any
apportionment under this chapter, and (c) any bonded indebtedness
incurred, the proceeds of which were required to be contributed for
the purposes for which an apportionment was made under this chapter.
To this amount shall be added the amount required during such fiscal
year, for the annual repayment of school building apportionments
under Chapter 4 (commencing with Section 15700) of this part and
under this chapter. The total of these amounts shall constitute the
"basic tax amount."
If the applicant district is a unified district, the amount to be
deferred shall be separately considered for each grade level thereof.
For this purpose, the basic tax amount shall only include the
amounts specified in the preceding paragraph required to be raised
for the repayment of principal and interest on bonded indebtedness
which was incurred for, or as a condition to receiving an
apportionment for, or required by the board to be contributed for the
purposes of, the grade level being considered, plus those amounts
required for the annual repayment of apportionments made under
Chapter 4 (commencing with Section 15700) of this part for the grade
level. It is hereby declared that this paragraph is not intended as
a change in the present law but rather as a declaration of existing
law.
There shall be computed the amount which would be produced by a
tax of forty-five cents ($0.45) on each one hundred dollars ($100) of
assessed valuation of the district during the year, to be known as
the "45-cent tax amount," except beginning with the 1981-82 fiscal
year, the amount shall be produced by a tax of 0.1125 percent of the
full value. The amount of the annual repayment to be deferred during
the fiscal year in which the annual repayment is due shall be the
amount, if any, by which the basic tax amount exceeds the 45-cent tax
amount. The amount deferred shall be added to the annual repayment
for the next succeeding fiscal year.
On or before the last day of July of each fiscal year, the
Controller shall request the Director of General Services to, and the
Director of General Services shall, determine and certify to the
Controller the amount of bonded debt service included in the "basic
tax amount." On or before the third Monday in August of each fiscal
year, the Controller shall request the county auditor of each county
to, and the county auditor of each county shall, determine and
certify to the Controller the current assessed valuation of property
within each district which has filed a request for a deferment under
this section.
Before the date on which the board of supervisors makes the levy
of taxes for county purposes, the Controller shall make the deferment
determination required by this section for each district requesting
a deferment, and, for each district which is entitled to a deferment,
shall notify, in writing, the board of supervisors of the county,
the governing board of the district, the county auditor, and the
county superintendent of schools having jurisdiction over the
district of the amount of the repayment of the district which is to
be deferred under this section.
For the purposes of this section the "annual repayment" means the
amount of the annual repayment of the district due in a fiscal year
as determined pursuant to Section 15733 and Section 16075, plus the
then unpaid deferred amount of any annual repayment due in any
previous fiscal years. Any repayments by a district of a deferred
amount shall be first applied to loans granted under Chapter 4
(commencing with Section 15700) of this part.
Notwithstanding any other provision of this chapter, if, at the
end of the 30-year period provided in Section 15738 or Section 16083,
as the case may be, there are any deferred amounts due in any
previous fiscal year remaining unpaid, repayments shall continue to
be made in the manner provided by this section during each fiscal
year thereafter until the amounts are paid, or for an additional
period of 10 years, whichever first occurs. At the expiration of the
additional 10-year period the unpaid portion of the deferred amounts
shall be canceled on the books of the Controller, and the provisions
of Section 15738 or Section 16083, as the case may be, shall
thereupon become applicable thereto and the board shall execute a
conveyance to the district as provided in Section 15739 or 16087,
whichever is applicable.
16085. For purposes of computing, under Section 16084, the
portion of the annual repayment to be deferred in the case of a
unified school district which has applied for and received an
apportionment under Section 16003, the "45-cent tax amount" shall be
the amount produced by a tax of ninety cents ($0.90) on each one
hundred dollars ($100) of assessed valuation of the district during
the year, except beginning with the 1981-82 fiscal year the tax shall
be 0.225 percent of the full value.
16086. The provisions of this section shall apply: (1) to any
school district which has succeeded to and become vested with all
duties, powers, purposes, jurisdiction, and responsibility with
respect to a portion of an apportionment determined or redetermined
to have been expended, or to be expendable, for property acquired or
to be acquired by it, and which has become liable for a portion of
the annual repayment of a portion of an apportionment, as provided in
Section 16159; and (2) to any state-aided district a portion of the
territory of which was transferred to a district described in (1),
above, and in connection with which territory a portion of an
apportionment made to such state-aided district has or will be
expended for property acquired or to be acquired.
If, on or before June 30 of any fiscal year, the governing board
of the school district files a request with the Controller for a
deferment of the annual repayment due from such district during the
next succeeding fiscal year for an apportionment received by the
district pursuant to this chapter, and it is determined, in
accordance with this section, that the district is entitled to a
deferment of all or part of the annual repayment, the deferment shall
be made in accordance with the determination. The request for
deferment, once filed with the Controller, shall remain in effect in
each ensuing year, and the Controller shall continue to compute and
allow the deferment in accordance with this section each year, until
the time as the governing board of the school district files a
written request with the Controller to discontinue the deferment.
The portion of the annual repayment to be deferred under this
section shall be determined as follows:
There shall be computed the amount required to be raised by taxes
on property within the district during the fiscal year in which the
annual repayment is to be deducted pursuant to Section 16080, for the
payment of principal and interest on: (a) that portion of the annual
repayment and all other payments due the state under Section 16075
and other provisions of this chapter with respect to the portion of
the apportionment for which the district has been determined to be
liable under Section 16159; (b) any bonded indebtedness incurred for
school purposes prior to the first conditional apportionment to the
school district under this chapter; (c) any bonded indebtedness which
was incurred as a condition to any apportionment under this chapter;
and (d) any bonded indebtedness incurred, the proceeds of which were
required to be contributed for the purposes for which an
apportionment was made under this chapter. To this amount shall be
added the amount required during the fiscal year, for the annual
repayment of school building apportionments under this chapter. The
total of these amounts shall constitute the "basic tax amount."
If the applicant district is a unified district, the amount to be
deferred shall be separately considered for each grade level thereof.
For this purpose, the basic tax amount shall only include the
amounts specified in the preceding paragraph required to be raised
for the repayment of principal and interest on bonded indebtedness
which was incurred for, or as a condition to receiving an
apportionment for, or required by the board to be contributed for the
purposes of, the grade level being considered, plus those amounts
required for the annual repayment of apportionments made under this
chapter for the grade level.
There shall be computed the amount which would be produced by a
tax of forty cents ($0.40) on each one hundred dollars ($100) of
assessed valuation of the district during such year, to be known as
the "40-cent tax amount," except beginning with the 1981-82 fiscal
year, the amount shall be produced by a tax of 0.10 percent of the
full value of the district during such year. The amount of the
annual repayment to be deferred during the fiscal year in which the
annual repayment is due shall be the amount, if any, by which the
basic tax amount exceeds the 40-cent tax amount. The amount deferred
shall be added to the annual repayment for the next succeeding fiscal
year.
On or before the last day of July of each fiscal year, the
Controller shall request the Director of General Services to, and the
Director of General Services shall, determine and certify to the
Controller the amount of bonded debt service included in the "basic
tax amount." On or before the third Monday in August of each fiscal
year, the Controller shall request the county auditor of each county
to, and the county auditor of each county shall, determine and
certify to the Controller the current assessed valuation of property
within each district which has filed a request for a deferment under
this section.
Before the date on which the board of supervisors makes the levy
of taxes for county purposes, the Controller shall make the deferment
determination required by this section for each district requesting
a deferment, and, for each district which is entitled to a deferment,
shall notify, in writing, the board of supervisors of the county,
the governing board of the district, the county auditor, and the
county superintendent of schools having jurisdiction over the
district of the amount of the repayment of the district which is to
be deferred under this section.
For the purposes of this section the "annual repayment" means the
amount of the annual repayment of the district due in a fiscal year
as determined pursuant to Section 16075, plus the then unpaid
deferred amount of any annual repayment due in any previous fiscal
years.
Notwithstanding any other provision of this chapter, if, at the
end of the 30-year period provided in Section 16083 there are any
deferred amounts due in any previous fiscal year remaining unpaid,
repayments shall continue to be made in the manner provided by this
section during each fiscal year thereafter until the amounts are
paid, or for an additional period of 10 years, whichever first
occurs. At the expiration of the additional 10-year period the unpaid
portion of the deferred amounts shall be canceled on the books of
the Controller, and the provisions of Section 16083 shall thereupon
become applicable thereto and the board shall execute a conveyance to
the district as provided in Section 16087.
16086.5. Notwithstanding any other provision of this chapter,
where an election is or has been held after March 1, 1979, and prior
to December 1, 1979, for the purpose of forming a new unified school
district, coterminous with an existing elementary school district,
and such reorganization becomes effective for all purposes on July 1,
1980, such unified school district shall be eligible for a deferment
of annual repayment as set forth in Section 16086, except that the
"basic tax amount" shall be computed as the sum of (a) that portion
of the original high school repayment for which the new district is
liable and (b) that portion of the original high school eligible debt
service computed pursuant to Section 16072 for which the new
district is liable, as provided in Section 4147.
16087. The Controller shall certify to the board the cancellation
of the unpaid balance of the principal amount of the apportionment.
Upon receipt of the certification, the board shall, in the name of
the state, convey to the district all sites purchased and improved,
all equipment purchased, and all buildings constructed,
reconstructed, altered, or added to, from money provided by the
apportionment covered by the cancellation.
16088. The Controller shall determine and maintain a record of
the amount due the state in connection with each apportionment made
to each grade level of a district under the provisions of this
chapter. He or she shall compute interest, at the rate fixed by the
board, on each amount disbursed by the state pursuant to the
apportionment, from the date of issuance of the Controller's warrant
covering the payment to the county treasurer of the amount until the
first day of July of the fiscal year next succeeding that in which
the warrant was issued. Thereafter, interest shall accrue to and be
compounded as a part of the principal amount due the state pursuant
to the apportionment, through the 30th day of the following June of
each year, until the principal and interest have been paid, or until
the interest ceases to accrue, as provided in this chapter. Interest
on unpaid school building aid apportionments shall be computed as if
the annual repayment were credited on the first day of July of the
fiscal year in which the repayment is withheld.
16089. Upon computing in any fiscal year the amount to be
deducted from the apportionments to the district from the State
School Fund during the succeeding fiscal year, the Controller shall
notify the governing board of the district and the county auditor of
the county, the county superintendent of which has jurisdiction over
the district, of the amount to be deducted.
16090. The board of supervisors of the county, the county
superintendent of which has jurisdiction over any district which
under this chapter will have moneys withheld by the Controller from
the apportionments to be made to it from the State School Fund during
any fiscal year, shall annually at the time the board of supervisors
makes the levy of taxes for county purposes, levy a tax upon the
property in the district sufficient to raise for the district the
amount of money to be withheld by the Controller during the fiscal
year in which the tax is levied. Effective July 1, 1988, that tax,
when collected, shall be paid into the county treasury of the county,
the county superintendent of schools of which has jurisdiction over
the district for which the tax was levied, to the credit of a
separate fund of the district to be known as the Tax Override Fund.
16091. The board shall prescribe in the detail that it deems
necessary, the purposes for which moneys apportioned by it or which
it requires the district to contribute toward, or in reduction of the
cost of a project, may be expended, and the prescription shall be
binding upon the governing board of the district, save as it may be
changed or modified by the board for any cause that it sees fit. In
determining funds which can be contributed by the district, the board
may require the district to contribute unexpended balances of funds
earmarked or encumbered by the district for furniture, equipment, or
any other lawful purpose. However, the changes or substitutions in
the purposes for which the funds were earmarked or encumbered, with
respect to the requirement under any apportionment heretofore or
hereafter made, may be authorized by the board, or pursuant to its
delegation, by the Director of General Services.
16092. Unless the board has received the certificates of the
county superintendent of schools required by Section 16061 within
nine months from the date of the conditional apportionment, it shall,
at the expiration of the nine months' period, void the conditional
apportionment and shall certify this fact to the Controller. Each
final apportionment made by the board under this chapter shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment. The warrant shall be
exempt from the provisions of Division 4 (commencing with Section
16100) of Title 2 of the Government Code and shall be paid by the
Treasurer from the State School Building Aid Fund.
16093. A state school building fund is hereby created in the
county treasury in each county for each school district in the
county. The county treasurer of each county shall pay into the state
school building fund of each school district, exactly as apportioned
by the board, all moneys received by him or her under this chapter
with respect to each school district.
16094. Interest earned on those portions of deposits in a state
school building fund representing allocations from the proceeds of
state school construction bonds received by the county treasurer for
the benefit of a school district under this chapter shall be paid
into the state school building fund created by Section 16093. The
interest which prior to the 1964-65 fiscal year was deposited in the
general fund of the school district for which the state school
building fund was established shall remain the property of that
general fund.
16095. The governing board of each school district to which an
apportionment is made under this chapter is authorized to, and shall,
transfer to the state school building fund of the district from all
other funds of the district in which the moneys may be, all moneys of
the district which under, or pursuant to, this chapter are required
to be expended for the project for which the apportionment was made.
16096. A fund in the State Treasury is hereby created, to be
known as the State School Building Aid Fund. All money in the State
School Building Aid Fund, including any money deposited in the fund
from any source whatsoever after November 12, 1952, is hereby
continuously appropriated without regard to fiscal years for
expenditure pursuant to apportionments made under the provisions of
this chapter.
16096.5. From any moneys in the State School Building Aid Fund
available for the purposes of this chapter, the board shall make
available to the Director of General Services any amounts that it
determines necessary to provide the assistance, pursuant to this
chapter, required by Section 15504 of the Government Code.
16097. The governing board of each school district to which an
apportionment has been made under this chapter shall expend the
moneys in the state school building fund of the school district
exactly as apportioned by the board and only for the purposes for
which the moneys were apportioned to the district, and for no other
purpose, and shall make the reports relating to the expenditure of
the moneys that the board and the Controller shall require.
16098. A complete detailed report of expenditure of funds
allocated pursuant to this chapter shall be made by the board
annually to the Legislature. The report shall contain a detailed
statement of facilities provided, type of construction, square
footage provided and all other items which will enable the
Legislature fully to understand the nature of the construction
performed by the school districts.
16099. It shall be the duty of the Controller to make the audit
or audits of the books and records of counties and school districts
receiving apportionments under this chapter, as he or she may deem
necessary from time to time,
for the purpose of determining that the money received by school
districts as apportionments hereunder has been expended for the
purposes and under the conditions authorized by this chapter.
16100. Whenever the Controller determines that any money
apportioned to a school district has been expended by the school
district for purposes not authorized by this chapter, or exceeds the
final cost of the project which is authorized by Section 16024 to be
paid therefrom, the Controller shall furnish written notice to the
board, the governing board of the school district, the county
superintendent of schools, the county auditor, and the county
treasurer of the county whose county superintendent of schools has
jurisdiction over the school district, directing the school district
and the county treasurer to pay into the State Treasury the amount of
the unauthorized expenditures, or the amount of the excess
apportionment, as the case may be. Upon receipt of the notice, the
governing board shall order the county treasurer to pay to the
Treasurer, out of any moneys in the county treasury available to the
school district for that purpose, the amount set forth in the notice.
The amount shall, upon order of the Controller, be deposited in the
State Treasury to the credit of the State School Building Aid Fund,
to be reapportioned by the board.
It shall be the duty of the governing body and the county
treasurer to make the payments to the Treasurer as provided in this
section, and it shall be the duty of the Controller to enforce the
collection on behalf of the state.
If, upon petition of the district, the Controller determines that
the amount to be included in the county settlement is in excess of
the amount that may be paid out of taxes levied at the maximum rate
authorized by law (increased by any increase in the rate authorized
by the electors of the district pursuant to Section 42202), without
impairing essential district services, he or she may provide for the
payment of the entire amount or any unpaid balance thereof in not
exceeding three consecutive annual payments, commencing with the next
school year. Each payment shall be an equal portion of the
principal amount, plus accrued interest, and shall be paid not later
than January 31st of each school year in which a payment is due. If
the district fails to make the payment as specified, the Controller
shall deduct the amount thereof from the February payment made to the
district under Section 14041.
Deferred payments under this section shall bear interest at the
same annual rate of interest as the apportionment from which the
unauthorized expenditures or the amounts of excess apportionment
were made.
16101. Notwithstanding any provision of law to the contrary, if
an apportionment is or has been made at any time after October 1,
1953, to meet a construction low bid and if the State Allocation
Board after approving the apportionment revises the apportionment,
and the apportionment finally approved reveals that an applicant
school district receives excess construction area to what they are
entitled to pursuant to Section 16044, and if a judgment for the
collection of the excess apportionment has not been rendered by a
court prior to September 11, 1957, the excess apportionment shall be
computed by the Controller and shall be repaid pursuant to this
section. The district shall repay the amount of excess
apportionment, and the interest thereon, in equal annual installments
within 20 years from the date it receives the excess apportionment.
The rate of interest shall be the same rate as that fixed for the
approved apportionment. The district may at any time before the end
of the 20-year period for repayment elect to repay, and repay, the
balance of the excess apportionment then unpaid, plus interest
computed to the date of repayment of such balance.
16102. If the board, between April 5, 1963, and July 1, 1963,
approves an application for an apportionment and makes a conditional
apportionment to the district making the application and if after the
approval it is determined that the projected enrollment of the
district is less than that upon which the district's application was
based, any apportionment made by the board under the application is
hereby ratified and confirmed and payments shall be made to the
district pursuant to the apportionment. The board shall as a
condition to any apportionment made under the application require the
district to repay in full that portion of the apportionment which it
determines to be attributable to the excess projected enrollment
upon which the application was based and the district shall be
empowered and obligated to comply with the requirement if it accepts
the portion of the apportionment. The repayment shall be in equal
annual installments made within 20 years from the date the district
receives the apportionment. The repayment shall be in addition to
any other repayment required by this chapter. The rate of interest
shall be the same rate as that fixed for the remainder of the
apportionment.
If at any time the board determines that the amount of actual
enrollment of the district attains the amount of the projected
enrollment upon which the district's application, referred to above,
was based, the board may, if it determines that the inclusion of the
excess projected enrollment in the application occurred
inadvertently, provide that the district shall not be required to pay
any further installments for full repayment of that portion of the
apportionment attributable to the excess projected enrollment and the
unpaid balance of the portion and interest thereon shall thereafter
be repaid under the same terms and in the same manner as the balance
of the apportionment made under the application.
16103. If a school district entered into an agreement at any time
beginning on October 1, 1954, and ending on December 31, 1954,
whereby it agreed to lease a site and facilities situated thereon,
for the purpose of constructing administrative facilities on the site
in accordance with plans prepared by or for the district, the State
Allocation Board may make an apportionment to the district for the
acquisition of the site and facilities; provided, (1) that the
district at the time of receiving the apportionment would otherwise
be eligible to receive an apportionment for square footage of
building area equal to or exceeding that of the facilities to be
constructed; (2) the Department of Education approves of the
acquisition on the basis that it is necessary to provide needed
administrative facilities for the district; and (3) the board finds
that the acquisition and the consideration being paid therefor is
economically feasible and constitutes sound financial practice.
16104. Any portion of an apportionment paid to a school district
under this chapter shall be available for expenditure by its
governing board for not less than one year nor more than three years,
as the board shall determine, after the date on which the warrant
covering that portion of the apportionment was issued by the
Controller, provided that no limitation on expenditure shall be
applicable with respect to any items the payment or reimbursement of
which is required to be made by special resolution pursuant to
Section 16057, whether the special resolution is adopted prior or
subsequent to the termination of the period of availability herein
specified. For the purposes of this chapter, an apportionment shall
be deemed to be expended at the time and to the extent that the
amount thereof on deposit in the county treasury has been encumbered
by the creation of a valid obligation on the part of the school
district. Upon the expiration of its period of availability, the
unencumbered balance of any apportionment made under this chapter
shall become due and payable to the State of California; and the
governing board of the school district and the county treasurer shall
pay the amount of the unencumbered balance to the Treasurer, out of
the funds, and in the manner specified in Section 16100 of this code.
The payment shall, on order of the Controller, be deposited in the
State School Building Aid Fund in the State Treasury, to be
reapportioned by the board.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state, provided that notwithstanding the above duties
shall not be deemed to exist with respect to any amount heretofore or
hereafter due the state occasioned by the termination of the period
of availability of expenditure provided by this section where the
period of availability of expenditure for the items representing the
amount is subsequently made inapplicable by the adoption of a special
resolution pursuant to Section 16057.
16105. Whenever a school district receives or has received an
apportionment for or toward the purchase or improvement of realty or
personalty (hereafter referred to as "property") and within five
years from the date of the written authorization from a duly
authorized representative of the board for the expenditure therefor
from state funds or from contributable district funds, sells, leases,
exchanges or otherwise disposes of the property or any portion
thereof without the consent of the board, the board may demand the
return of the state apportionment or the portion thereof it deems
proper, plus accrued interest at the prescribed rate, less any
repayment made prior to the demand by the district on account of the
apportionment. A district may not at any time while an apportionment
remains unpaid or noncancelled, dispose of any property acquired
therefrom without the consent of the board, excepting transfers
provided for by Article 15 (commencing with Section 17556) of Chapter
3 of Part 23 and existing improvements on an acquired site. The
consent may be subject to the conditions as may be imposed, which may
include the application of the consideration received in reduction
of any apportionments previously made to the district. Any property
into which the consideration from the disposition is converted shall
be and remain the property of the state as if an apportionment had
originally been authorized therefor.
Whenever, in the judgment of the board, a district fails to use
property for the purpose or purposes for which an apportionment has
been made, within not less than one nor more than five years from the
aforesaid authorization, as the board shall determine, the board may
demand back the return of the apportionment, or portion thereof,
with interest, as specified in the preceding paragraph. The board's
interpretation of the "use" in any instance, and whether or not the
district has complied therewith, shall be conclusive upon the
district affected after a hearing and finding of the board. In
addition to the foregoing, the board may at any time subsequent to
the expiration of the last mentioned period, while an apportionment
remains unpaid or uncanceled, determine that a site or portion
thereof, purchased in whole or in part with the apportionment is not
being used for the purpose or purposes for which the apportionment
was made, which determination shall be conclusive upon the district
after a hearing and finding of the board. Pursuant to that
determination, the board may direct the sale or other disposition of
the site or portion thereof by the state or by the district and apply
the proceeds, after deducting expenses it determines necessary to
facilitate the disposition, in reduction of the apportionment, plus
accrued interest. Any excess shall be applied in reduction of any
other unpaid or noncancelled apportionments, plus interest, as the
board shall direct, any remaining proceeds thereafter being payable
to the district. For the purposes of the determination of
disposition, the district shall, whenever directed by the board,
convey record title to the site or portion thereof to the state or do
any other acts deemed necessary by the board to facilitate the
disposition or implement the terms thereof. Any disposition
authorized to be made hereunder by the district shall be made in
accordance with the procedure prescribed by this code for the
disposition of unneeded school property, otherwise as directed by the
board, provided that the consideration to be received shall be
subject to the approval of the board or its delegate for that
purpose.
Written notice of any demand prescribed by this section, setting
forth the amount due the state pursuant thereto, shall be furnished
by the board to the governing board of the school district, the
county superintendent of schools, the county auditor, the county
treasurer of the county whose county has jurisdiction over the school
district, and the Controller. Upon receipt of the notice and
demand, the governing board of the school district shall order the
county treasurer to pay to the Treasurer, out of any moneys in the
county treasury available to the school district for that purpose,
the amount set forth in the notice. The amount shall, upon order of
the Controller, be deposited in the State Treasury to the credit of
the State School Building Aid Fund, to be reapportioned by the board.
Whenever a school district receives or has received an
apportionment under this chapter for the purchase of a site which
contains existing improvements, the board may require the district to
dispose of the existing improvements as a condition of receiving an
apportionment in the manner as the board deems proper, and
contribute the net proceeds therefrom or the value of any
consideration received therefor, in reduction of any apportionment.
In the event that the district is not so required to dispose of the
existing improvements but after receiving the apportionment
subsequently disposes thereof, the net proceeds therefrom or the
value of the consideration received therefor, shall be contributed by
the district in reduction of any remaining indebtedness to the state
under this chapter or Chapter 4 (commencing with Section 15700).
Where a district has been unable to use any building site acquired
by an apportionment under this chapter because of the delay of the
board in acting upon its application for an apportionment for the
planning and construction of school buildings on the site, the board
may withhold demand for repayment of the apportionment for the
building site for a period of not less than one or more than three
years after approval of the apportionment for planning and
construction.
It shall be the duty of the governing body and county treasurer to
make the payments to the Treasurer as provided in this section, and
it shall be the duty of the Controller to enforce the collection on
behalf of the state.
Whenever the consent of the board is required in this section, it
may be given by written authorization of its authorized
representative for that purpose. The provisions of this section,
including the term "apportionment" or "apportionments," shall be
deemed to be applicable to apportionments heretofore or hereafter
made under this chapter or Chapter 4 (commencing with Section 15700).
Article 2. School Housing Aid for Reorganized Districts
16150. (a) As used in this article:
(1) "State-aided district" means a district to which a conditional
or final apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all or a part
of, a state-aided district or an applicant district has been
included.
(3) "Original district" means a state-aided or applicant district
included in whole or in part in an acquiring district.
(b) For the purposes of this article as it applies to an acquiring
district, the effective date of any change of boundaries,
annexation, formation of a new district, or other reorganization
shall be:
(1) For granting conditional apportionments: the date the action
became effective for the purposes of Sections 4062 and 4063.
(2) For making conditional apportionments final: the date the
action became effective for the purposes of Sections 4062 and 4063.
(c) For the purposes of this article as it applies to an original
district, the effective date of any change of boundaries, annexation,
formation of a new district, or other reorganization in which the
original district is included in whole or in part in an acquiring
district shall be:
(1) For granting conditional apportionments: the date the action
becomes effective for all purposes as specified in Section 4064.
(2) For making conditional apportionments final: the date the
action became effective for all purposes as specified in Section
4064.
(3) No conditional apportionment may be made to any original
district affected by any reorganization after the date such action
became effective for the purposes of Sections 4062 and 4063 except
upon an application that has the approval of the governing board of
the acquiring district.
16151. On the date an acquiring district becomes effective for
all purposes, as specified in Section 4064, the authority to accept a
state loan voted by an original district pursuant to this chapter
whose boundaries are coterminous with the boundaries of the acquiring
district shall become authority of the acquiring district to accept
a state loan. However, when the proceeds of bonds authorized and
sold by the acquiring district are applied toward the reduction of
apportionments made to an original district which is included in
whole in the acquiring district pursuant to Section 16058, the amount
of bond proceeds shall be excluded in determining the amount
chargeable against any apportionment authorized to be accepted by the
electorate of the original or acquiring district.
16152. Notwithstanding any other provision of this chapter, where
an election is or has been held after April 1, 1972, in two
elementary districts for the purpose of forming a new elementary
district from the territories of the districts, which reorganization
would become effective for all purposes on July 1, 1973, and where
one of the districts has prior to April 1, 1972, voted to accept,
expend, and repay apportionments under this chapter but no
apportionments pursuant to the authorization has been made to the
district as of April 1, 1972, the consent of the electors in the
districts to the reorganization shall be deemed to constitute a
consent on behalf of the newly formed district to accept, expend, and
repay apportionments under this chapter to the extent that the
former authorization for apportionments had not been utilized.
Further, the ballot for the election held for the purpose of
forming the new elementary school district shall contain a statement
to the effect that approval of reorganization shall be deemed to
constitute a consent on behalf of the newly formed district to
accept, expend, and repay apportionments under this chapter to the
extent that the former authorization for apportionments has not been
utilized.
16153. Whenever, prior to the date on which a conditional
apportionment is made by the board to an applicant district, (1) if
an applicant district is annexed to or otherwise included in whole in
another district which is ineligible for an apportionment under this
chapter, no apportionment shall be made to the applicant district;
(2) if less than the whole of an applicant district is included in a
district which is ineligible for an apportionment under this chapter,
the board may reconsider the application of the applicant district
and make such determinations and take the action with respect
thereto, including the making, subject to Article 1 (commencing with
Section 16000) of this chapter, of a conditional apportionment to the
district, as the board may deem necessary because of such inclusion
of less than the whole of the applicant district in the acquiring
district; (3) if an applicant district is annexed to or otherwise
included in whole or in part in a district which is eligible for an
apportionment under this chapter and has made or does make an
application for the apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make the determinations and take the action with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 16000) of this chapter, of conditional
apportionments to the districts, as the board may deem necessary
because of the annexation or other inclusion in the acquiring
district of the applicant district in whole or in part.
16154. Whenever, subsequent to the date on which a conditional
apportionment is made by the board to an applicant district, but
prior to the date on which the conditional apportionment becomes
final, (1) if an applicant district is annexed to or otherwise
included in whole in a district which is not eligible for an
apportionment under this chapter, the conditional apportionment
shall, notwithstanding any other provisions of this chapter, become
void and the board shall promptly notify the Controller in writing
thereof and the date on which the apportionment became void; (2) if
the district to which an applicant district is annexed or in which it
is otherwise included in whole is eligible for an apportionment, has
made or does make an application for such an apportionment under
this chapter, the conditional apportionment made to the applicant
district shall, notwithstanding any other provisions of this chapter,
become void but the board may reconsider the application of the
acquiring district and make the determinations and take such action
with respect thereto, including the making, subject to the provisions
of Article 1 (commencing with Section 16000) of this chapter except
as hereinafter provided, of additional conditional apportionments to
the acquiring district, as the board may deem necessary as a result
of such annexation or other inclusion in the acquiring district of
the applicant district; (3) if less than the whole of an applicant
district is included in another district, the conditional
apportionment shall, notwithstanding any other provisions of this
chapter, become void, but the board may reconsider the application
and make such determinations and take such actions with respect
thereto, including the making, subject to the provisions of Article 1
(commencing with Section 16000) of this chapter except as
hereinafter provided, of new conditional apportionments to the
applicant district, as the board may deem necessary as a result of
such inclusion of a portion of the applicant district in the
acquiring district.
Notwithstanding anything in the first sentence of Section 16058 to
the contrary, additional conditional apportionments made to a
district under (2), or new conditional apportionments made to a
district under (3) of the first paragraph of this section may, with
the approval of the board, become final if the total amount of the
bonds of the district outstanding and unpaid is within twenty-five
thousand dollars ($25,000) of the amount required under Section
16058.
16155. If an annexation or other inclusion of a portion of an
applicant district in another district comprises less than 5 percent
of the assessed valuation of the applicant district on the effective
date of the change, no annexation or other inclusion shall be deemed
to have taken place for the purposes of Sections 16154 and 16156.
16156. Whenever, prior to the date on which conditional
apportionments have been made to an applicant district for the full
amount of state aid approved for the district under Section 16035,
(1) if the applicant district is annexed to or otherwise included in
whole in another district which is ineligible for an apportionment
under this chapter, no further apportionment shall be made to the
applicant district; (2) if the applicant district is annexed to or
otherwise included in whole in a district which is eligible for an
apportionment under this chapter and which has made or does make an
application for the apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make any determinations and take any action with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 16000) of this chapter, of a conditional
apportionment or apportionments to the acquiring district that the
board may deem necessary because of the annexation or other inclusion
in the acquiring district of the applicant district; (3) if a
portion of the applicant district is annexed to or otherwise included
in another district, the board may reconsider the application of the
applicant district and may, within two years after the first
apportionment made under the approval, make the additional
apportionments as it sees fit to the applicant district, but not in
excess of the amount in which the application was originally
approved, without requiring the district to issue additional bonds.
16157. Whenever, subsequent to the date on which a conditional
apportionment made to a district becomes final, the state-aided
district is included in whole in another district, the acquiring
district shall, on the effective date of the inclusion, succeed to
and be vested with all of the duties, powers, purposes, jurisdiction,
and responsibilities of the state-aided district with respect to the
apportionment and the property acquired or to be acquired from funds
provided thereby, and all funds in the state school building fund of
the state-aided district shall be transferred to the state school
building fund of the acquiring district. All amounts which would,
after the effective date of the inclusion, have been otherwise paid
to the state-aided district under the terms of or pursuant to the
apportionment, shall be paid to the acquiring district. In addition,
the acquiring district shall, on the effective date of the inclusion
of the state-aided district in the acquiring district as fixed by
Section 4064, become liable for the annual repayments and other
payments due the state under Section 16075 and other provisions of
this chapter with respect to the apportionment or the property
acquired or to be acquired therewith.
16158. Whenever one or more state-aided districts are included in
whole in an acquiring district, and the acquiring district applies
for and receives an apportionment, then after the effective date of
the inclusion and upon the approval of the application of the
acquiring district, the governing board of each component state-aided
district shall immediately transfer to the acquiring district all
moneys of the component district which are required to be, or have
been, earmarked for a
project or projects of the district. The acquiring district, upon
the transfer to it of the funds, may expend the funds for any
projects of the acquiring district as to which its application was
approved.
16159. Whenever, subsequent to the date on which a conditional
apportionment made to a state-aided district becomes final, less than
all of the district is included in another district, the Director of
General Services shall determine what portion of the apportionment
was expended or will be expended for property acquired or to be
acquired by the acquiring district. Any determination made by the
Director of General Services under this section may be redetermined
by him or her, from time to time, until the project for which the
apportionment was made has been completed, and the final cost thereof
determined and the final determination has been made pursuant to the
final cost. The Director of General Services shall promptly notify
the Controller, the governing board of the state-aided district and
of the acquiring district, the superintendent of schools, the auditor
and the treasurer of the counties having jurisdiction over the
districts of each determination and redetermination made by him or
her under this section. No redetermination shall be retroactive nor
affect the liability of any school district for any payment or annual
repayment, or portion thereof, previously made by or on behalf of
the district to the state under this chapter.
On and after the date of the change of boundaries, the acquiring
district succeeds to and is vested with all of the duties, powers,
purposes, jurisdiction, and responsibilities of the state-aided
district with respect to that portion of the apportionment which the
Director of General Services has determined or redetermined under
this section was expended, or will be expended, for property acquired
or to be acquired by the acquiring district, and the unexpended part
of the portion of the apportionment in the state school building
fund of the state-aided district shall be transferred to the state
school building fund of the acquiring district. In addition, and at
the same time, the acquiring district shall become liable for the
payment to the state of that portion of the annual repayment and all
other payments due the state under Section 16075 and other provisions
of this chapter with respect to that portion of the apportionment
which the Director of General Services has determined or redetermined
was expended, or will be expended for property acquired, or to be
acquired by the acquiring district, or, in the event the portion of
the apportionment is a lower percentage of the apportionment than the
percentage that the assessed valuation in the territory of the
state-aided district which was transferred to the acquiring district
is of the total assessed valuation of the state-aided district
immediately preceding the effective date of the transfer, the
acquiring district shall become liable for the payment to the state
of that portion of the annual repayment and all other repayments due
the state under Section 16075 and other provisions of this chapter
with respect to the apportionment which is equal to the percentage of
assessed valuation in the territory transferred to the acquiring
district. "Annual repayment," as used in this section, refers to
repayment computed under Sections 16070 to 16075, inclusive, and
excludes amounts for which the state-aided district is liable under
the provisions of Section 16039. Whenever a site for which repayments
are being made under Section 16039 is transferred to an acquiring
district the acquiring district shall be liable for the repayments
required under Section 16039.
Notwithstanding the foregoing, the liability of the acquiring
district for the repayment of any portion of the apportionment made
to the state-aided district shall not exceed the product of the
highest percentage referred to above (whether relating to assessed
valuation or to the portion of the apportionment expended in the
property acquired), multiplied by the balance due on the
apportionment made to the state-aided district at the time of the
withdrawal on the effective date specified in Section 4064 (Sec. 1,
Ch. 95, Stats. 1964, 1st Ex. Sess.) of the territory referred to.
The limited liability is hereinafter referred to as "the maximum."
It is the intent of the Legislature that the maximum shall be applied
by the Controller, both retroactively and prospectively, provided
that as a result of the application (1) no cash refund shall be made
to any district; (2) in the event any district has, in the past, paid
an amount greater than the maximum, assuming this paragraph had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from other districts
by virtue of any adjustments made under (2) above. Notwithstanding
the foregoing, any computations required to be made pursuant to this
paragraph shall not be reflected in any changes in deductions
required to be made pursuant to Section 16080 prior to January 1,
1966.
If any subdivision clause, sentence, or phrase of this section is
for any reason held to be unconstitutional the decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subdivision, sentence, clause, or phrase thereof
irrespective of the fact that any one or more subsections, clauses,
sentences, or phrases be declared unconstitutional.
16160. Notwithstanding the provisions of Sections 16159 and
16161, in situations where an applicant district at the elementary
grade level under this chapter is divided into three parts, each of
which is included in a newly formed unified school district, each
part shall be excluded in determining the state loan repayment
liability for any apportionment made to the original district
subsequent to the date the unification is effective for purposes of
Section 4062 (Sec. 1, Ch. 873, Stats. 1972), provided:
(a) The assessed valuation of the part is less than 4 percent of
the original district in the fiscal year immediately preceding the
fiscal year the change is made effective for all purposes.
(b) The average daily attendance in the part is excluded in
determining projected enrollment of the original district for
additional state aid during the period after the change is effective
for purposes of Section 4062 (Sec. 1, Ch. 873, Stats. 1972) and prior
to the effective date for all purposes.
(c) The part contains no sites, plans, or school facilities, which
were acquired under this chapter or under Chapter 4 (commencing with
Section 15700) of this part.
16161. Notwithstanding any change in the boundaries of a
state-aided district or the annexation to, or the inclusion in,
another district of a state-aided district, the state-aided district
as it existed immediately prior to the effective date of the action
shall be continued in existence for the determination of the assessed
valuation of the property therein and for the purposes of the
computations provided by Sections 16070, 16072, 16074, 16075 and
16084; and all the computations required to be made pursuant to those
sections shall be made exactly as if there had been no such change
of boundaries, annexation, or inclusion, except as otherwise provided
in Sections 16163 and 16164. However, that if a state-aided
district shall be included entirely in another school district which
subsequently becomes state aided, then the unpaid balances of the
apportionments made to the original district shall be added to the
balances of the apportionments made to the newly aided district. In
those cases, no further computations as aforesaid, or repayments,
shall be made with respect to the original district, but the
computations and repayments shall thenceforth be based solely upon
the territory and assessed valuation of the newly aided district, in
the manner provided by Sections 16070, 16072, 16074, 16075 and 16084.
16162. If a unified school district, after the effective date of
this section, applies for and is granted an apportionment under this
chapter on the basis of grade levels as defined in Section 16003, all
unpaid balances of prior apportionments made to the district,
subject to Section 16161, shall be added to the balances of the
apportionments made on the basis of Section 16003. In those cases,
no further computations or repayments under Sections 16070, 16072,
16074, 16075 and 16084 shall be made with respect to the prior
apportionments alone, but the computations and repayments shall
thenceforth be based solely upon the combined apportionments, and
shall be made as provided in Sections 16071, 16072, 16074, 16075 and
16084.
16163. Whenever, subsequent to the date on which a conditional
apportionment becomes final, territory is withdrawn from a
state-aided district and no portion of the apportionment was expended
for school property acquired by the acquiring district:
(1) If the acquiring district is a state-aided district, the
assessed valuation in the territory acquired shall be included in
determining assessed valuation of the property in the acquiring
district, and shall thereafter be excluded in determining assessed
valuation of the property in the state-aided district, for purposes
of the computations under Sections 16070 to 16075, inclusive;
(2) If the acquiring district is not a state-aided district, the
Controller shall determine the percentage relationship, at the time
of the withdrawal, between (a) the assessed valuation in the
territory acquired, together with the current assessed valuation in
all other territory theretofore acquired by the acquiring district
from the state-aided district since the date of its first conditional
apportionment under this chapter, and (b) the current assessed
valuation of the state-aided district as it was territorially
constituted on the latter date.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, less than 10 percent, the assessed valuation in all
the acquired territory shall be excluded, until the next withdrawal
of territory from the state-aided district to the acquiring district,
in determining the assessed valuation of the state-aided district
for the purposes of the computations under Sections 16070 to 16075,
inclusive.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, a percentage equal to or greater than 10 percent,
the Controller shall, by deducting the percentage from 100 percent,
obtain the "complement percentage." Until the next withdrawal of
territory from the state-aided district to the acquiring district,
the assessed valuation of the state-aided district for purposes of
the computations under Sections 16070 to 16075, inclusive, shall be
determined by dividing the current assessed valuation of the
state-aided district as territorially constituted immediately
subsequent to the last withdrawal, by the complement percentage.
Whenever, pursuant to this section, the assessed valuation of the
state-aided district is adjusted for repayment computation purposes
by use of the complement percentage, liability for the annual
repayment computed shall be apportioned between the state-aided
district and the acquiring district by multiplying the annual
repayment by the complement percentage, the product representing the
liability of the state-aided district, and the remainder of the
computed repayment representing the liability of the acquiring
district.
Notwithstanding the foregoing, the liability of the state-aided
district shall not exceed the product of any "complement percentage"
(as it may from time to time exist) times the balance due on the
aforesaid final apportionment at the time the complement percentage
is established; and the liability of the acquiring district (while a
complement percentage remains unchanged) shall not exceed the
remainder of the balance of the final apportionment at the time
complement percentage is established. The maximum liability on the
part of either the state-aided or acquiring districts established as
above (and until the time that the liability be altered by altering
the "complement percentage") shall be hereinafter referred to in this
section with respect to each such district as "the maximum."
(3) In the event that two or more non-state-aided districts
acquire territory from the state-aided district, the Controller shall
determine the formulae for apportioning liability for the annual
repayment between the districts affected (including the formulae for
determining what assessed valuations shall be used within the
affected districts or territories withdrawn, and the dates of
determination thereof), as will in his or her opinion best comply
with the principles set forth above, irrespective of whether the
formulae are in literal compliance therewith. The same percentage of
annual repayment for which a district is liable at the time the
liability apportionment is made shall (unless and until the liability
apportionment is subsequently changed pursuant to this paragraph) be
deemed applicable to the liability of the district for the balance
(as of the date the liability apportionment is made) due on the final
apportionment to the state-aided district. The liability for the
balance shall, with respect to any affected district, be hereinafter
referred to as the "maximum" for the district.
(4) It is the intent of the Legislature that the foregoing
"maximums" shall be applied by the Controller both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than its "maximum,"
assuming this paragraph and others to which it is referable had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from any other
district by virtue of any adjustments made under (2) above.
Notwithstanding the foregoing, any computations required to be made
pursuant to this paragraph shall not be reflected in any changes in
deductions required to be made pursuant to Section 16080 prior to
January 1, 1966.
If any subdivision, clause, sentence, or phrase of this section is
for any reason held to be unconstitutional the decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subdivision, sentence, clause, or phrase thereof
irrespective of the fact that any one or more subdivisions, clauses,
sentences, or phrases be declared unconstitutional.
16164. Whenever, subsequent to the date on which a conditional
apportionment becomes final, any territory is withdrawn from a
non-state-aided district and annexed to the state-aided district, the
assessed valuation in the territory so annexed shall be included
with the valuation of the state-aided district for the purposes of
making the computations provided by Sections 16070 to 16075,
inclusive.
16165. The Controller shall compute, in accordance with Sections
16161, 16163 and 16164, the amount of the annual repayment due the
state on account of the apportionment or apportionments to each
state-aided district and shall deduct from the respective
apportionments made from the State School Fund under Sections 46304,
46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, to the state-aided district and
an acquiring district the portion thereof for which each is liable
under this article (Sections 16150 to 16166, inclusive).
16166. When, after any application is filed, the applicant
district is annexed to, or, by change of boundaries or otherwise, is
included in whole or in part in another district or districts, the
superintendent of schools of the county having jurisdiction over the
applicant district shall, within 10 days after the effective date of
the annexation, inclusion, or change of boundaries, file a
certificate with the board, in writing, in the form that the board
shall prescribe, setting forth (1) the effective date of the
annexation, inclusion, or change of boundaries; (2) identification of
the area of the school district affected by the change and the name
of the school district or districts in which the area is included as
a result thereof; and (3) any additional information in any form that
the board may require.
The board shall, upon receiving the appropriate certificate from a
county superintendent of schools as provided herein, promptly notify
the State Controller, in writing, of (1) the effective date of
annexation or other inclusion of a state-aided district by an
acquiring district; (2) the name of the state-aided district; (3) the
name of the acquiring district; and (4) the number and other
identification of the apportionment affected.
Article 3. School Housing Aid for Exceptional Children
16190. The board may make apportionments from any sum
appropriated by the Legislature at the 1952 Second Extraordinary
Session and from any state bonds heretofore or hereafter authorized
by the electorate for state school building aid, including the
proceeds of bonds authorized by Section 2 of Article XVI of the
California Constitution, for assistance to school districts in
providing necessary housing and equipment for the education of
exceptional children. All the provisions of Article 1 (commencing
with Section 16000) and Article 2 (commencing with Section 16150) of
this chapter, except Sections 16007 and 16044, shall apply to this
article unless otherwise provided herein.
16191. As used in this article, "exceptional children" means
physically handicapped pupils, mentally retarded pupils,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
16192. Allocations under this article for assistance to school
districts in providing necessary housing and equipment for the
education of pupils enrolled or to be enrolled in development centers
for the handicapped may be made only to those school districts that
are authorized to operate development centers pursuant to Article 1
(commencing with Section 56800) of Chapter 6 of Part 30, as enacted
by Section 2 of Chapter 1010 of the Statutes of 1976.
16193. The State Allocation Board, in cooperation with the State
Department of Education, shall develop standards to be complied with
in the construction of housing facilities for development centers for
the handicapped with allowances provided pursuant to this article.
16194. The State Allocation Board shall establish guidelines and
procedures to be utilized in determining the eligibility of school
districts for allowances provided pursuant to this article with
respect to facilities and equipment for the education of pupils
enrolled in development centers for the handicapped. The guidelines
and procedures shall provide that in order to be eligible to receive
the allowance the school district has no existing facilities which
could be utilized for a development center for the handicapped.
16195. Allocations under this article may be made in the amount
as may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing, mentally retarded, or orthopedic or who are health impaired,
multihandicapped, speech handicapped, educationally handicapped, or
enrolled in development centers for the handicapped.
In computing the number of those children, there shall be included
all of the following:
(a) The number of them residing in the district.
(b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district and who are educated pursuant
to Section 56708, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976.
(c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding mentally retarded minors within Section 56501,
as amended by Section 58 of Chapter 1247 of the Statutes of 1977, who
reside within a district having an average daily attendance of 900
or more and which does not meet the requirements of Section 16058
concerning outstanding bonded indebtedness.
Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools which will be served by the mobile facility.
16196. Notwithstanding any provisions of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to any school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) of this chapter, for the education of blind, partially
seeing, aphasic, deaf, hard-of-hearing, mentally retarded,
orthopedic or other health-impaired, multihandicapped, and
educationally handicapped minors, pupils having speech defects or
disorders, or pupils enrolled in development centers for the
handicapped.
The State Department of Education may approve applications in
those situations where the facilities will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Section 1850, as enacted by Section 2 of Chapter
1010 of the Statutes of 1976, and mentally retarded minors pursuant
to Section 1880, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976. A school district may educate these minors by
agreement with a county superintendent of schools required to educate
these minors. Priority in the use of the facilities shall be given
to pupils from districts other than the applicant district.
Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in the annual amounts
and at the interest rate over the period as the State Allocation
Board may determine, not to exceed 20 years from the date the
apportionment became final. In any school year in which 50 percent
or more of the pupils in average daily attendance, as determined by
the county superintendent of schools, and served by the facilities
are not pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
16197. Notwithstanding any other provisions of this article to
the contrary, apportionments for the purchase of mobile classrooms
for the education of
physically handicapped pupils enrolled in integrated programs, as set
forth in Section 56702, as enacted by Section 2 of Chapter 1010 of
the Statutes of 1976, and for the education and therapy of
speech-handicapped pupils may, subject to the approval of the State
Department of Education, be made to any school district not otherwise
eligible to receive apportionments under Article 1 (commencing with
Section 16000) and Article 2 (commencing with Section 16150) for that
purpose.
The State Department of Education may approve applications in
those situations where mobile classrooms will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Sections 1850 and 56701, as enacted by Section 2
of Chapter 1010 of the Statutes of 1976. Mobile classrooms shall be
used pursuant to an agreement authorized by Section 41308.
Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in annual amounts and
at an interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In any school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools uses mobile classrooms during any fiscal year shall at
the time or times within the fiscal year as may be agreed upon
between the county and the school district, but in any case not later
than the end of the fiscal year, pay to the school district having
the obligation to repay the apportionment made under this section for
the purchase of mobile classrooms, an amount equal to 100 percent of
the amount the district is required to repay in the fiscal year with
respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent
of schools to the school districts of residence of pupils attending
the facility including the district having the obligation to repay,
or through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
The State Department of Education shall prepare specifications or
regulations for the construction of mobile classrooms to provide for
a useful life of no less than 20 years.
The use of mobile classrooms shall meet specifications described
by the State Department of Education as they relate to the needs of
the physically handicapped pupils being served, as set forth in
Section 56701, as enacted by Section 2 Chapter 1010 of the Statutes
of 1976.
16198. Notwithstanding any provision of law to the contrary, the
board shall control the amount of apportionments made for facilities
for exceptional children. In so controlling these apportionments the
board shall establish allowable building areas and cost standards
comparable to the building areas and costs of similar facilities
constructed by school districts which are not applicants under this
chapter.
16199. The State Department of Education may accept applications
by school districts for the construction of facilities and the
purchase of essential furniture and equipment, under a pilot project
to maintain regional programs for physically exceptional children.
The Superintendent of Public Instruction shall establish standards
with respect to the regional programs for the pilot project which
shall include, among other things, the curriculum to be offered, the
area to be served, and the supervision and instruction with respect
to the programs. Of the school district applicants which meet the
standards established, the State Department of Education may
designate not more than four school districts to receive
apportionments as part of the pilot project to maintain regional
programs for physically exceptional children.
The pilot project pursuant to this act shall begin with the
1972-1973 school year and shall terminate at the end of the 1974-1975
school year. The State Department of Education shall provide for
state evaluation of the pilot project.
With respect to school districts selected as part of the pilot
project, the State Allocation Board may approve applications and make
apportionments pursuant to Section 16196, notwithstanding that the
school district is serving a district or districts with an average
daily attendance in excess of 8,000.
In any school year in which 50 percent or more of the pupils in
average daily attendance, as determined by the county superintendent
of schools, and served by the facilities are not pupils from
districts other than the applicant district, the repayment for the
succeeding fiscal year shall be an amount which would have been
payable if the district had been required to repay 100 percent of the
apportionment over that period.
The districts participating in a pilot project may include in
interdistrict attendance agreements the cost of making repayments in
the same proportion to the total repayment as the number of pupils
enrolled from each district bears to the total number of pupils
enrolled.
16200. Notwithstanding any provisions of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both (1) educating those physically handicapped,
mentally retarded, and educationally handicapped pupils who regularly
reside in an established, licensed children's institution or family
home and are being educated pursuant to Section 42902, as amended by
Section 1 of Chapter 1173 of the Statutes of 1977, and (2) educating
handicapped pupils in development centers for handicapped pupils
pursuant to Article 1 (commencing with Section 56800) of Chapter 6 of
Part 30, as enacted by Section 2 of Chapter 1010 of the Statutes of
1976.
Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment
of any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
16201. Notwithstanding the provisions of Article 1 (commencing
with Section 16000) and Article 2 (commencing with Section 16150) of
this chapter, the obligation of any district receiving an
apportionment under this article to repay the apportionment shall not
extend to more than one-half of the amount of the apportionment.
16202. With the approval of the county superintendent of schools,
a school district may make application for an allocation under this
article. Facilities for which an apportionment is made under this
section shall be made available for use by the county superintendent
of schools until he or she ceases to conduct the classes therein or
until the superintendent of schools of a county other than the county
whose superintendent of schools approved the application made under
this section acquires jurisdiction over the location of the facility,
whichever first occurs. Not more than 50 percent of the amount of
any apportionment made pursuant to this section shall be repaid.
Repayments shall be made in the following manner: Ten percent of the
amount of the apportionment shall be subject to repayment by the
district to the extent, and in the manner prescribed in Article 1
(commencing with Section 16000) of this chapter for apportionments
other than those made pursuant to Section 16039. Forty percent of
the amount of the apportionment shall be repaid in full with interest
by the district, in the annual amounts and over the period as the
board may determine, not to exceed 20 years from the date the
apportionment became final. The county board of supervisors of the
county whose superintendent of schools conducts classes in the
facility during any fiscal year shall at the time or times within the
fiscal year as may be agreed upon between the county and the school
district, but in any case not later than the end of the fiscal year,
pay to the school district having the obligation to repay the
apportionment made under this section for the construction of the
facility, an amount equal to the amount the district is required to
repay in that fiscal year with respect to the 40 percent of the
amount of the apportionment described above.
The county board of supervisors may raise the amount required
through a general tax levy or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility other than the district having the
obligation to repay or through a combination of these.
Upon application of a school district and written approval of the
county superintendent of schools the board may amend any
apportionment previously received by a district for exceptional
children by providing that the same shall be deemed to have been made
with reference to this section, in which event all the incidents of
this section shall be deemed applicable thereto, except that only the
unpaid balance of the apportionment at the time of the amendment of
the apportionment with interest accrued to that date shall be repaid
as prescribed in this section.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he approves
the application.
16203. Not later than July 10th of each year the county
superintendent of schools of each county in which there is a school
district maintaining facilities for the education of exceptional
children which have been constructed with funds apportioned to the
district under this article shall certify to the board of supervisors
and to the county auditor of the county the total number of units of
average daily attendance of pupils enrolled in the facilities during
the next preceding fiscal year who reside in a district other than
the district maintaining the facilities. On or before July 10th of
each year the county superintendent of schools shall notify the
governing board of each affected school district of the total number
of units of average daily attendance of pupils residing in that
district who were in attendance at the facilities maintained by
another district.
16204. On or before July 20th of each year, the governing board
of a school district which has received a notification pursuant to
Section 16203, shall determine, and notify the county board of
supervisors and the county auditor, whether the amounts required to
be paid on behalf of the district under Section 16207 shall be
provided from the general fund of the district or by a special
district tax levied by the county board of supervisors.
In the event that the district notification specifies that the
amounts so required shall be provided by a special district tax, or
if no notification is made, the board of supervisors with whom the
certificate prescribed by Section 16203 is filed shall, at the time
of making the tax levy for that year for county purposes, levy a
special tax upon all taxable property in the district of residence of
each pupil enrolled in the facilities other than the district
maintaining the facilities, sufficient in amount to raise, for the
use of the facilities, the sum of one hundred sixty dollars ($160)
per unit of average daily attendance, less any amounts per unit of
the average daily attendance remaining in the county school building
aid fund from levies and collections made in any prior year and not
paid to the state pursuant to Section 16207.
16205. If the board of supervisors fails to make a district tax
levy required under Section 16204, the auditor shall make the levy.
In the event the governing board of a school district has elected
to provide from the district general fund the amounts required to be
paid on behalf of the district from the county school building aid
fund under Section 16207, the county superintendent of schools shall
order the payment to be made in the amount required from the general
fund of the district.
16206. In the event that the governing board of a school district
determines, subject to the approval of the county superintendent of
schools, that the amounts collected within the district by special
taxes levied pursuant to Section 16204 or Section 16205 and credited
to the district in the county school building aid fund are
substantially in excess of amounts required of the district for
purposes of Section 16207 for the ensuing three-year period, the
county superintendent may order the payment to the district from the
county school building aid fund of so much of the excess moneys that
he or she may deem appropriate.
16207. The county auditor shall, not later than the last Monday
in December and the last Monday in May of each year, notify the
superintendent of schools of the amount in the county school building
aid fund. Thereupon the superintendent shall draw his or her order
on the county auditor in favor of the Treasurer for the amount in the
county school building aid fund of the county, except that the total
of the orders for any year may be limited to an amount not to exceed
the total of one hundred sixty dollars ($160) for each unit of
average daily attendance during the next preceding fiscal year of
students residing in a district other than a district maintaining the
facilities. The amount shall be paid by the county treasurer and,
upon order of the Controller, shall be deposited in the State
Treasury to the credit of the State School Building Aid Fund. All
money paid to the State School Building Aid Fund under the provisions
of this section shall be available only for transfer to the General
Fund under Section 16403, as amended by Section 2 of Chapter 1373 of
the Statutes of 1992, and shall be credited to the repayment of the
apportionment of funds to the school district maintaining the
facilities.
Article 4. School Housing Aid for Compensatory Education
Purposes
16210. Not to exceed thirty-five million dollars ($35,000,000) of
the proceeds of the sale of bonds authorized by the State School
Building Aid Bond Law of 1966 may be expended pursuant to this
article as grants to assist school districts.
Allocations and grants under this article shall be made by the
State Allocation Board, upon application of an eligible school
district, for the purposes and projects designated by the district
and approved by the Director of Compensatory Education. The purposes
and projects shall be provided for pupils in any kindergarten or any
of grades 1 to 9, inclusive, and for children participating in
preschool programs. The Director of Compensatory Education may
establish priorities for purposes of allocations and grants under
this article based upon comparative needs of school districts and the
urgency thereof. No interest shall be charged to a school district
for an allocation or grant made under this article to the school
district.
16211. Grants may be made pursuant to this article to districts
which have been determined to be eligible for an apportionment under
Article 5 (commencing with Section 54480) of Chapter 4 of Part 29, or
districts maintaining schools for kindergarten, or any of grades 1
to 6, inclusive, in areas designated pursuant to Section 54482 which
have reduced the number of pupils to full-time equivalent classroom
teachers in kindergarten and any of grades 1 to 6, inclusive, in
those schools to a ratio of 25 to 1, or better. The grants shall be
made for the purposes, and subject to the conditions, following:
For expenditure by the district in areas designated pursuant to
Section 54482 for any of the following:
(a) Acquisition, by purchase or lease, and the installation and
equipping of portable classrooms for classroom instructional
purposes.
(b) Acquisition of land for schoolsites.
(c) Construction and equipping of permanent school buildings and
facilities.
(d) Reconstruction, renovation or remodeling of existing school
buildings and facilities.
(e) Any combination of the above.
16212. In lieu of grants to districts pursuant to subdivision (a)
of Section 16211 for the purpose of acquisition of portable
buildings or other facilities and equipment, the board may expend
moneys available for grants under this article for the acquisition of
portable buildings and facilities and equipment by the state, and
thereafter convey the same to the eligible districts. The conveyance
to eligible districts may take the form of sale, lease, outright
grant, or other suitable form of conveyance, as determined by the
board.
16213. In formulating recommendations to the board under this
article, the State Department of Education, through the Director of
Compensatory Education, shall be subject to standards established by
rules and regulations of the State Board of Education.
16214. For each school district which receives a grant or
allocation pursuant to this article, commencing with the fiscal year
next succeeding the fiscal year in which the grant or allocation was
received, and for each fiscal year thereafter, the Controller shall
compute an amount equal to one cent ($0.01) on each one hundred
dollars ($100) of the assessed valuation of property within the
district. The Controller shall, during the next fiscal year
following that in which he or she makes the computation pursuant to
the preceding sentence of this section, deduct the amount so computed
in equal amounts from each of the February, March, April, and May
installments of the apportionments made to the district from the
State School Fund under Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive; and, on order of the Controller,
the amount so deducted shall be transferred to the State School
Building Aid Fund. All money transferred to the State School Building
Aid Fund under this section shall be available only for transfer to
the General Fund under Section 17204, as enacted by Section 2 of
Chapter 1010 of the Statutes of 1978.
The Controller shall make the computations and deductions required
by this section for 30 fiscal years or until the time as the total
of the amounts so deducted equal 50 percent of the amount of the
grant or allocation which was made to the school district, whichever
first occurs.
Notwithstanding any provision of law to the contrary, for each
fiscal year for which a computation is made pursuant to the section,
the maximum rate of school district tax for the school district for
which the computation is made shall be increased by one cent ($0.01)
per each one hundred dollars ($100) of the assessed value of property
within the district and shall be in addition to any amount of tax
otherwise authorized to be levied, and amounts raised through the
levy of the tax may be used to offset any reduction in equalization
aid resulting from the deductions made pursuant to this section.
The increase in the maximum school district tax provided by this
section shall be deemed to be for bonded debt service or current
capital construction. If the one cent ($0.01) rate of school district
tax levied by the district causes the tax levied by the district for
bonded debt service and for current capital construction in the same
year to exceed the forty cent ($0.40) tax amount, as that term is
defined by Section 16070 or 16071, whichever is applicable, for each
grade level maintained by the district, the Controller shall not make
the deduction otherwise required by this section for the fiscal
year.
16215. Sections 16000 to 16006, inclusive, Sections 16009, 16018,
and 16021, and Sections 16091 to 16100, inclusive, shall be
applicable to the administration of this article, unless the context
of this article, as determined by the board, requires otherwise.
Article 5. School Housing Aid for Districts Impacted by
Seasonal Agricultural Employment
16230. Not to exceed one million five hundred thousand dollars
($1,500,000) of the amount of the proceeds of bonds issued under the
State School Building Aid Bond Law of 1966 which are reserved
pursuant to Section 17214, as enacted by Section 2 of Chapter 1010 of
the Statutes of 1976, may be expended pursuant to this article.
Nothing in this article shall be construed to sanction, perpetuate
or promote the racial or ethnic segregation, or the segregation by
economic class, of pupils in the public schools.
The funds shall be expended by the State Allocation Board, for the
acquisition of portable school and classroom buildings, and for the
expenses incurred in the administration of this article.
The portable school and classroom buildings may be made available
by the board, upon the recommendation of the Director of Compensatory
Education, to any school district which, because of the influx for
temporary periods in the school year of large numbers of persons
employed in seasonal agricultural work, experiences emergency
increases in school enrollments of such magnitude as to make it
impossible or impractical to accommodate the additional pupils in
existing school buildings and facilities available to the district.
16231. The portable school and classroom buildings acquired
pursuant to this article shall be made available to a school district
irrespective of whether the district is otherwise in receipt of or
eligible for assistance under any other provisions of this chapter.
The use of the portable school and classroom buildings may be made
available to a school district by letting the same to the district
free of charge, or by lease, or by conveying the same to the district
under lease-purchase agreement, sale, or outright grant, as
determined by the State Allocation Board upon consultation with, and
the advice of, the Director of Compensatory Education. In addition
the use of the portable school and classroom buildings may be made
available to a school district by any of the means specified by
Section 16041, as determined by the State Allocation Board upon
consultation with, and the advice of, the Director of Compensatory
Education.
16232. The use of the portable school and classroom buildings
under this article shall be based upon application therefor submitted
by the governing board of the school district to the Director of
Compensatory Education, who shall review the same, make any
modifications he or she deems appropriate, and transmit the approved
application to the State Allocation Board with his or her
recommendations as to the action to be taken thereon.
16233. If at any time the State Allocation Board shall determine
that the need of the district for particular portable buildings which
are made available to the district pursuant to this article has
ceased, the board may take possession of the buildings on behalf of
the state, and may dispose of the buildings to public or private
parties in any manner and under any terms that it deems to be in the
best interests of the state.
16234. Sections 16000 to 16006, inclusive, Sections 16009, 16018,
and 16021, and Sections 16091 to 16100, inclusive, shall be
applicable to the administration of this article, unless the context
of this article, as determined by the board, requires otherwise.
16235. All moneys received from the rental, lease, or sale of
portable school and classroom buildings pursuant to this article
shall be deposited in the State Treasury and, on order of the
Controller, shall be credited to and in augmentation of the
appropriation made by Section 16230.
All moneys shall be available without regard to fiscal years for
repairing, renovating, installing, moving, or maintaining the
buildings or for acquiring additional portable school and classroom
buildings for the purposes of this article.
Article 6. School Housing Aid for a Regional Occupational
Center
16250. Not to exceed two million four hundred twelve thousand two
hundred thirty-three dollars and forty-nine cents ($2,412,233.49) of
the amount of the proceeds of bonds issued under the State School
Building Aid Law of 1966 may be expended pursuant to this article.
The funds shall be allocated by the State Allocation Board to a joint
powers board of education for the construction of a permanent campus
for a newly created regional occupation center school to be located
in the south bay area of Los Angeles County, having a population in
excess of 1,070,000, and a potential average daily attendance in
excess of 10,000 persons. Not to exceed four hundred thousand
dollars ($400,000) of such sum shall be allocated and expended for
architectural and engineering services in connection with the
construction.
Sections 16000 to 16006, inclusive, Sections 16009, 16018 and
16021, inclusive, shall be applicable to the administration of this
article, unless the context of this article, as determined by the
board requires otherwise.
16251. The allocation of funds to the entity pursuant to this
article shall be conditioned upon the prior approval of the proposed
facilities and subject matter of the educational program by the
Superintendent of Public Instruction.
16252. It is the
intent of the Legislature in enacting this article to finance the
capital expenditures involved in the construction, equipping, and
establishment, to serve an area in great need of occupational
preparation, of a regional occupational center school to be
maintained by a Joint Powers Board of Education and entity. It is
the further intent of the Legislature to improve the employment
opportunities of persons residing in areas of need for the training,
by providing educational programs of a nature that will serve the
social and economic needs of that area. The program will also serve
to upgrade the cultural and intellectual as well as the economic life
of the area to be served.
The Legislature finds that the federal government has made
available in the south bay area of Los Angeles County land to be used
for a regional occupation center school, provided a permanent campus
can be established on the land within 18 months. For this reason,
it is essential that the money made available for purposes of this
article be allocated to the establishment of a permanent campus for a
regional occupational center school in the south bay area of Los
Angeles County.
16253. (a) Any amounts allocated and disbursed to the Joint
Powers Board of Education and entity pursuant to this article shall
be a loan by the state to the entity and shall be fully repaid by the
entity to the state within 10 years after the date of disbursement
to the entity. Interest shall be paid at a rate determined by the
board. Any loan shall be repaid by the entity from proceeds of a tax
under provisions of Section 52317, as amended by Section 1 of
Chapter 267 of the Statutes of 1977, for sites, buildings and
equipment, by a maximum tax levy of the assessed valuation of the
entity not to exceed five cents ($0.05) on each one hundred dollars
($100) of assessed valuation in that entity.
(b) The annual repayment shall be determined by agreement between
the Director of Finance and the Superintendent of Public Instruction.
The tax revenue referred to in subdivision (a) above shall be
transferred by the County Auditor of Los Angeles County to the
General Fund of the state in accordance with established regulations
and procedures.
Article 7. Children's Center Construction Law of 1968
16260. This article shall be known as the Children's Center
Construction Law of 1968.
16261. The Legislature hereby declares that it is in the interest
of the state and of the people thereof for the state to provide
assistance to school districts and to county superintendents of
schools for the construction of children's center facilities.
Children's centers are of general concern and interest to all the
people of the state, and the education and care of children of
working parents are a joint obligation of both the state and local
agencies operating children's centers.
In enacting this article, the Legislature considers that the
greatest need is to provide children's center facilities for the
education and care of children during the time the sole parent is at
work making the family economically self-sufficient, or is in school
or in training to gain economic self-responsibility. The Legislature
recognizes the need to encourage the provision of additional
children's center facilities to permit more families to become
economically self-sufficient.
16262. The following terms, whether used or referred to in this
article, have the following meanings, unless a different meaning
clearly appears from the context:
(a) "Local agency" means a school district or a county
superintendent of schools operating or authorized to operate a
children's center pursuant to this chapter.
(b) "Board" means the State Allocation Board.
(c) "Project" means the purposes for which a local agency has
applied for assistance. A project may include the acquisition and
improvement of sites, the planning and construction of permanent
facilities, and the acquisition of equipment for children's centers.
(d) "Construction of facilities" means construction of permanent
facilities which may include leased portable buildings.
16263. This article shall be administered by the State Allocation
Board. The board shall adopt any rules and regulations that it
deems necessary to carry out the purposes of this article. The rules
and regulations of the board shall establish a system of priorities
to determine the relative necessity to establish children's center
facilities by a local agency. In establishing priorities with regard
to the outlay of capital funds for the construction of new children'
s centers, or with regard to the rental or leasing of facilities for
new centers, the board shall give special consideration to school
districts as described under subdivision (a) of Section 54425 which
are also certified by the State Department of Health as containing
substantial numbers of families who are recipients of aid to families
with dependent children or who are former or potential recipients of
the aid and who might reasonably be expected to improve their
ability to be self-supporting if child care services are made
available. The Department of Benefit Payments shall provide the
State Department of Health with any information in its possession
necessary for the administration of this section.
16264. No local agency shall receive an initial allocation from
any appropriation made for the purposes of this article more than an
amount to be known as the local agency entitlement. This amount
shall be computed as follows:
(a) Determine the percentage that the amount apportioned to the
local agency in the previous fiscal year for operation purposes
pursuant to Section 8380, as amended by Section __ of Chapter ___ of
the Statutes of ____, bears to the total amount allocated to all
local agencies under the same section.
(b) Determine the percentage that the statewide modified assessed
valuation per average daily attendance for the grade level involved
in the previous fiscal year bears to the assessed valuation per unit
of average daily attendance of the local agency. Local agencies
other than school districts shall use a percentage of 1.00.
(c) Determine the local agency eligibility factor by multiplying
the percentage derived in (a) by that derived in (b).
(d) Determine the local agency entitlement by multiplying the
district eligibility factor derived in (c) by the amount appropriated
for this purpose.
Amounts of the appropriation initially unallocated may be
allocated subsequently without regard to the limitation of the local
agency entitlement. Amounts of local agency entitlement not applied
for within 90 days of the notification of entitlement, and amounts
approved pursuant to Section 16268 but not allocated pursuant to
Section 16269, and not made available on an extended basis after one
year from the date of the original approval, may also be allocated
without regard to the limitation of local agency entitlement.
16265. Any local agency operating or authorized to operate a
children's center may apply for assistance under this article to
undertake one or more projects. Any local agency not operating a
children's center in the prior fiscal year shall have its eligibility
and other factors determined by a method similar to that in Section
16264. Reasonable estimates may be used.
16266. Applications for assistance under this article shall be
made on forms prescribed and furnished by the board. The
applications shall include, but not be limited to, all of the
following data and information:
(a) An outline and general description of the project to be
undertaken.
(b) An estimate of the cost of the project to be undertaken and
the anticipated source of funds to complete the project.
(c) The estimated number of children to be served by the project.
(d) The waiting list of the local agency for children's centers.
(e) The amount expended by the local agency from local sources
during the past five years for the provision of children's center
facilities.
16267. Not more than 25 percent of any funds available under this
article for allocation to local agencies under this article shall be
allocated for the reconstruction or rehabilitation of existing
children's center facilities. Not less than 75 percent of the funds
shall be allocated for the planning and construction of new permanent
facilities, including acquisition and improvement of sites and
acquisition of equipment for the facilities.
16268. The board shall notify a local agency when a preliminary
approval of project has been given, and shall reserve from the
appropriation made a sum in the amount of the approval given.
16269. Funds allocated for a project shall be disbursed to the
local agency upon certification to the Controller when the executive
officer of the board has determined both of the following:
(a) All required approvals of the projects have been granted.
(b) The local agency has subsequent to the effective date of this
section, committed the expenditure through the granting of a contract
or the authorization of an agreement which requires the payment of
funds.
16270. In administering this article, the board shall approve the
application. The executive officer of the board shall (a) prescribe
and furnish application forms and (b) certify to the Controller the
allocation of funds to which a local agency is eligible.
16271. All sites, plans, and specifications of the proposed
facilities shall be approved by the State Department of Education.
Prior to the approval, the local agency shall certify to the State
Department of Education the unavailability of adequate, alternate
facilities in the area to be served by the proposed facilities. The
facilities shall include but not be limited to vacant classrooms,
auditoriums, multipurpose rooms, church or recreation facilities.
16272. For each one dollar ($1) of money allocated to a local
agency which is expended for a project, the local agency shall expend
local funds for the project in an amount which bears the same
percentage to the one dollar ($1) as the modified assessed valuation
per unit of the average daily attendance of the local agency bears to
the statewide modified assessed valuation per average daily
attendance of all local agencies. Local agencies other than school
districts shall use a percentage of 1.00.
Article 7.5. Regional Occupational Center of Kern
16280. Not to exceed six million dollars ($6,000,000) of the
amount of the proceeds of bonds issued under the State School
Building Aid and Earthquake Reconstruction and Replacement Bond Law
of 1974 shall be allocated by the State Allocation Board to the
Regional Occupational Center of Kern for the construction and
equipping of a new regional occupational center to be located in Kern
County. The funds shall be available for allocation to the entity
for a period of not more than four years from the effective date of
this article and during such period the entity shall apply for the
funds as are necessary to accomplish the purposes of this article.
Funds shall be expended after the four-year period with respect to
allocations made during the four-year period.
Only Sections 16000, 16001, 16003, 16005, and 16006, and Sections
16009, 16018, 16019, 16021, 16089, 16093, 16094, 16097, and 16099 of
Article 1 (commencing with Section 16000) of this chapter shall be
applicable to the administration of this article unless the context
of this article as determined by the State Allocation Board requires
otherwise.
16281. The Legislature finds that the Regional Occupational
Center of Kern is comprised of three school districts in Kern County
and it provides vocational training in areas of social and economic
need. The Legislature further finds that the entity is in need of
school building facilities and the participating school districts
have levied the permissive override tax authorized by Education Code
Section 52317 to meet the cost of that construction. Inflation
dictates that construction must begin at the earliest possible time
to minimize the overall cost. The Legislature intends, therefore, in
enacting this article to make available the necessary funds for
immediate construction of the needed school facilities. The
Legislature intends, however, that the funds shall be paid back in
full with interest as provided by this article so that the taxpayers
of this state shall not be required to pay for the support of the
facilities.
16282. Any amounts allocated and disbursed to the Regional
Occupational Center of Kern pursuant to this article shall be fully
repaid with interest by the entity to the state in 20 equal annual
payments commencing with the second fiscal year after the date of
disbursement to the entity. Interest shall be paid at a rate
determined by the State Allocation Board. Amounts allocated pursuant
to this article shall be repaid by the entity from the proceeds of
the tax levied by the participating school districts pursuant to
Section 52317 and the payments shall be transferred by the County
Auditor of Kern County to the State Treasury for the credit of the
State School Building Aid Fund in accordance with established
regulations and procedures.
16283. If at the time of considering the entity's application the
State Allocation Board determines that the revenue to be received
from the tax permitted by Section 52317 will be insufficient to pay
the principal and interest of the loan in 20 equal annual payments,
the board shall approve the application and allocate the funds
therefor only upon condition that an election be called by the
governing board of the entity and that two-thirds of the qualified
electors of the entity voting on a proposition therefor, authorize
the governing board to accept, expend and repay as provided in this
article the allocation or apportionment. The election shall be
called, held, and conducted in the same manner as are elections to
authorize the issuance of school district bonds, except that the
ballot shall contain substantially the following words: "Shall the
Governing Board of the Regional Occupational Center of Kern, for the
purpose of providing permanent facilities for a regional occupational
center, be authorized to accept, expend, and repay an apportionment
from the State of California under and subject to the provisions of
Article 7.5 (commencing with Section 16280) of Chapter 8, Part 10,
Division 1, Title 1 of the Education Code, in an amount not to exceed
$____. Yes__ No__"
16284. On or before the first day of January of each fiscal year
the Controller shall determine the annual repayment due.
Article 8. School Housing Aid for a Regional Occupational
Center in San Joaquin County
16300. Not to exceed two million dollars ($2,000,000) of the
amount of the proceeds of bonds issued under the State School
Building Aid Bond Law of 1966 shall be expended pursuant to this
article. The funds shall be expended under the administrative
direction of the State Allocation Board in cooperation with the Board
of Education of the Stockton Unified School District for the
construction of a permanent campus for a newly created regional
occupational center school to be located in San Joaquin County. Not
to exceed two hundred fifty thousand dollars ($250,000) of the sum
shall be allocated and expended for architectural and engineering
services in connection with the construction.
Sections 16000 to 16006, inclusive, and Sections 16009, 16018 and
16021, shall be applicable to the administration of this article,
unless the context of this article, as determined by the board,
requires otherwise. Except to the extent and for the purposes
expressly provided herein, the provisions of other articles in this
chapter shall not be applicable hereto.
16301. (a) It is the intent of the Legislature in enacting this
article to finance the capital expenditures involved in the
construction, equipping, and establishment of a regional occupational
center to be maintained by the Stockton Unified School District, to
serve an area in great need of occupational preparation. It is the
further intent of the Legislature, by this article, to improve the
employment opportunities of persons residing in areas of need for the
training by providing educational programs of a nature that will
serve the social and economic needs of that area. The program
provided will also serve to upgrade the cultural and intellectual
life, as well as the economic life, of the area to be served.
(b) The governing board of any school district maintaining a high
school may, pursuant to Section 52301, cooperate with the Stockton
Unified School District in the establishment and maintenance of the
regional occupational center.
(c) In conjunction with the regional occupational center, regional
occupational programs may be established in the Stockton Unified
School District and in participating school districts.
(d) The cooperation in the establishment and maintenance of a
regional occupational center pursuant to subdivision (b) and the
establishment and maintenance of regional occupational programs
pursuant to subdivision (c), may be undertaken pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code.
(e) Notwithstanding subdivisions (b), (c), and (d), the Stockton
Unified School District has the sole duty to the state to operate and
manage the regional occupational center and any regional
occupational program authorized by this article.
(f) The amount computed for the Stockton Unified School District
pursuant to subdivision (a) of Section 42233 shall be deemed to have
been increased by the amount raised within the Stockton Unified
School District for the support of a regional occupational center and
program, except capital outlay expenditures, maintained during the
1972-73 fiscal year by the county superintendents of schools. The
other computations required by Article 2 (commencing with Section
42230) of Chapter 7 of Part 24 shall be adjusted to appropriately
reflect the increase. The revenue limit applicable to the county
superintendent of schools shall be reduced by an amount equal to the
increase in the revenue limit of the Stockton Unified School District
made pursuant to this subdivision.
Article 9. School Housing Aid for Rehabilitation and
Replacement of Structurally Inadequate School Facilities
16310. Not to exceed forty million dollars ($40,000,000) of the
proceeds of the sale of bonds authorized by the State School Building
Aid Bond Law of 1966 may be expended pursuant to this article.
16311. Not to exceed two hundred fifty million dollars
($250,000,000) of the proceeds of the sale of bonds authorized by the
School Building Aid and Earthquake Reconstruction and Replacement
Bond Law of 1972 may be expended pursuant to this article.
16312. The Legislature hereby declares that it is in the interest
of the state and the people thereof to provide assistance to school
districts in rehabilitating or replacing structurally unsafe school
facilities inasmuch as the education of children is an obligation of
the state, and the obligation carries with it a corresponding
responsibility for the physical safety of children while attending
school.
16313. It is the intent of the Legislature in enacting this
article to provide a means through repayable state loans for school
districts not otherwise eligible for assistance under this chapter
(consisting principally of school districts in the urban centers of
the state), to house their pupils in facilities that are structurally
safe.
16314. The following terms, as used in this article, shall have
the following meanings, unless the State Allocation Board finds a
different meaning is essential for properly carrying out the purposes
of this article, or finds that a different meaning clearly appears
from the context:
(a) "Board" means the State Allocation Board as defined in Article
1 (commencing with Section 16000) of this chapter.
(b) "Director" means the Director of Education.
(c) "District" means an elementary, high school, or unified school
district.
(d) "Project" means the purposes for which a district has applied
for assistance in the rehabilitation or replacement of unsafe school
facilities at a given attendance center.
(e) "Apportionment" means an apportionment made under this
article, and unless the context otherwise requires, it shall be
deemed to include funds of a district required by the board to be
contributed toward the cost of a project.
(f) "Attendance center" means a school maintained or to be
maintained at a given location within a district.
16315. The State Allocation Board shall administer this article.
The Director of General Services shall provide the assistance to the
board as it may require.
16316. In addition to any other powers and duties granted to the
board by Article 1 (commencing with Section 16000) of this chapter,
the board shall:
(a) Establish the qualifications that it deems will best serve the
purposes of this article for determining the eligibility of
districts to apportionments under this article.
(b) Establish the procedures and policies in connection with the
administration of and expenditure of funds made available for the
purpose of this article that it deems necessary.
(c) Adopt the rules and regulations for the administration of this
article, requiring the procedure, forms, and information as it may
deem necessary.
16317. The board, by the adoption of rules, shall give priority
in allocating funds to districts which will benefit most from the
reconstruction or replacement of schoolhouse facilities. This
priority may be based on the age and structural safety of existing
buildings at the school or schools where the construction or
reconstruction will occur, acuteness of overcrowding and density of
population in the attendance areas affected, or any other factors
that will insure that the greatest need will be served in allocating
funds under this article.
16318. The board shall prescribe instructions specifying the
manner in which property, real or personal, being replaced through
the apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment. The net proceeds derived from the disposition shall
be contributed in reduction of any apportionment proportionate to the
state's participating in the project. Any school district affected
shall comply with instructions prescribed by the board. The board
may require a district to transfer to the state by any instruments
deemed appropriate by the board, title to the property, whereupon,
the board shall dispose of the property in any manner it deems
appropriate to insure the highest return to the state, and apply the
applicable proceeds therefrom in reduction of apportionments to the
district. The district affected shall do all things deemed necessary
by the board to implement the disposition.
16319. Apportionments under this article from the State School
Building Aid Fund shall be made for the sole purpose of
reconstructing or replacing existing substandard buildings that
present a potential threat to the safety of schoolchildren and which
do not comply with the requirements of Article 3 (commencing with
Section 17280) of Chapter 2 of Part 10.5 or for the purpose of
restoring facilities damaged by an earthquake after February 1, 1971,
and for which there are no other state or federal funds available
for the restoration. The apportionments shall be made in the manner
and subject to the conditions herein provided and in accordance with
policies adopted by the board for the following purposes, all of
which purposes are declared to be, and are, public works:
(a) The reconstruction, renovation, or remodeling of existing
school buildings and facilities.
(b) The construction of permanent or temporary school buildings
and facilities for replacement purposes.
(c) The acquisition, by purchase or lease, and the installation of
classrooms for replacement purposes.
(d) The acquisition and development of school sites necessary for
construction of buildings approved under this article.
(e) The construction, repair, attachment, or development of
offsite facilities, utilities or improvements which the board
determines are necessary to the proper operation or functioning of
the school facilities for which apportionments are made.
(f) The acquisition of additional furniture and equipment as is
deemed necessary by the board to make the rehabilitated or replaced
facilities properly function.
(g) Any combination of the above.
Except as is provided in Section 16320, apportionments shall not
be made under this article for the purpose of reconstructing or
replacing existing substandard buildings which have already been
reconstructed or replaced using funds made available under Chapter
1575 of the Statutes of 1947, as amended, or Chapter 7 (commencing
with Section 16500), Chapter 4 (commencing with Section 15700), and
Chapter 8 (commencing with Section 16000) of this part.
As a part of the purposes, where a district is required by a
contract entered into between itself and a contractor, to obtain at
its own expense insurance covering risks incurred during any
construction, reconstruction, or alteration for which an
apportionment has been made, the cost thereof may be paid either
directly, or by way of reimbursement, to the district out of the
apportionment, or out of any apportionment made specifically covering
the insurance. However, in other respects the apportionments are
eligible for payment under this chapter.
16320. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of (1)
reconstructing or replacing existing substandard school buildings or
high school dormitories that present a potential threat to the safety
of schoolchildren and which were not previously constructed or
reconstructed in accordance with the requirements of Article 3
(commencing with Section 17280) of Chapter 2 of Part 10.5 or which if
previously reconstructed to comply with the provisions of Article 3
no longer meet the standards of structural safety prescribed under
the authority of Article 3 in effect on April 10, 1933, or (2)
reconstructing or replacing existing structures utilized by a school
district as school buildings originally designed to house the United
States Cavalry and
used as World War II prisoner-of-war camp structures or an existing
structure utilized by a school district as a school building which
was originally designed as a mess facility for the United States Army
Air Corps without regard to conditional or provisional structural
approvals received by the district with respect to the buildings
prior to the enactment of Chapter 500 of the Statutes of 1972.
Apportionments for the reconstruction or replacement of a
dormitory shall only be made when the use and occupancy of the
dormitory will be by resident pupils of the district who are in
attendance at the high school of the district and when in the
judgment of the board the pupils cannot be reasonably expected to
travel by vehicle to the school on a daily basis.
16321. Notwithstanding the provisions of Section 16319,
apportionments under this article from the proceeds of bonds
remaining from the authorization provided in the State School
Building Aid Bond Law of 1966 may be made for the purpose of
replacing school buildings severely damaged by an earthquake in
Sonoma County subsequent to September 30, 1969, and subsequently
demolished by the school district in the interest of safety to the
children, but not yet replaced by permanent facilities.
16321.7. Notwithstanding the provisions of Section 16319,
apportionments may be made to a school district for the purpose of
replacing an existing substandard building which formerly housed the
district's high school, and which was subsequently replaced by a new
high school building using an apportionment received under this
chapter, but which continued to be used by the district for
elementary school purposes from the time of completion of the new
high school in the 1958-59 school year until November 1971, when the
pupils were transferred from the unsafe school building to temporary
structures.
16322. The State Department of Education shall provide the
following services to school districts making applications for
apportionments under this article:
(a) It shall assist school districts in organizing a comprehensive
planning effort. It shall guide a planning process through its
appropriate steps and, when requested by a school district, it shall
provide the school district with sources of expertise, either public
or private, which may be able to contribute to the development of
plans to find solutions for specific problems a school district may
have.
(b) It shall provide continuing research in relation to all phases
of educational programs and the school facilities that are required
to implement these educational programs.
(c) It shall provide a review and evaluation service to school
districts to assure the effectiveness of the facilities that have
been provided in accommodating educational programs.
(d) It shall provide communication media through publications and
seminars, and prepare planning guides and procedures containing
recommendations, which guides shall be used to disseminate
educational planning information to all school districts.
Unless specifically exempted by the State Allocation Board, each
school district which files an application for an apportionment of
funds under this article after July 1, 1973, shall prepare and submit
to the board either, (1) a long-range comprehensive master plan
justifying the application, prepared in accordance with acceptable
planning procedures, or (2) a certification to the effect that
replacement school buildings for which application has been made will
all be located on existing schoolsites containing a school building
or buildings, or (3) a certification that the applicant school
maintains only one school. Specific information relating to the
following factors must be included in the master plan:
(a) A statement of the educational programs and goals of the
district in relation to its programs, both current and future.
(b) A comprehensive evaluation and report of the utilization of
the school facilities now existing in the district together with
preliminary plans of the facilities to be reconstructed or replaced
under this article, prepared in accordance with the requirements of
Section 17302 or 81138.
(c) A comprehensive demographic study of the district, as it
currently exists and as projected into the future.
(d) A policy statement regarding actual or potential human
problems.
(e) A policy statement as to the priority in which the district
proposes to solve its school housing problems.
(f) A policy statement regarding cooperation with other local
public agencies to achieve total community development.
(g) A policy to insure continuous review so that plans will be
kept up to date and changing conditions will be reviewed and
accommodated by appropriate revision of plans.
The director shall review the long-range master plan and project
development plan and shall report his findings and recommendations
thereon to the board. The board shall in no instance approve an
application or make an apportionment therefor until it has determined
to its satisfaction that the facility for which the apportionment is
sought is justified by an appropriate estimate of average daily
attendance and location within the district.
16323. Each school district which desires an apportionment shall
submit through its governing board to the board an application
therefor in the form and number of copies as the board shall
prescribe. Each copy of the application shall be accompanied by a
statement of the estimated cost of the project certified by an
architect or structural engineer, and by layout plans showing the
entire construction project for which the district desires an
apportionment.
Estimates of costs for new construction or equipment appearing in
an application shall conform to cost standards adopted by the board
under Section 16024.
A school district shall not let any contract for new construction
included in an application for a construction project which has been
approved by the board if the cost exceeds the construction cost
standards fixed by the board under Section 16024 for the new
construction by more than 2 percent or except as otherwise provided
in Section 16332. The amount, if any, by which the contract cost
exceeds the construction cost standards fixed by the board shall be
borne by the school district and shall not be included in the
apportionment.
A school district may at any time amend or supplement its
application.
Each construction project for which a district applies for an
apportionment shall be applied for on a separate application and
shall be considered separately by the board. If a district applies
for more than one construction project, at the same time or at
different times, the priority points of the district shall be
recalculated after the approval of each separate construction project
and before a subsequent construction project is approved.
The board shall require any changes in the plans which an
applicant school district submits with its application that the board
determines is necessary or desirable to reduce the cost of the
project.
16324. A school district may at any time file an application or
amend or supplement an application. Upon receipt of any application,
the Director of General Services shall as promptly as possible
prepare a report and recommendation with respect to the application
after having received recommendations from the director in respect to
any matter which is subject to the jurisdiction or approval of the
director or State Department of Education. The board shall, subject
to the provisions of this article, approve, in whole or in part, or
reject each application referred to it by the Director of General
Services. If the board approves of the application, either in whole
or in part, it shall, by a resolution adopted by it, apportion to the
district from the State School Building Aid Fund the amount applied
for, or any portion thereof that the board may determine appropriate.
However, it may order that the apportionment or any part thereof
shall be paid in progressive installments at any times and under any
conditions that it may then prescribe. This shall be known as a
conditional apportionment and shall become final only if the vote
provided for in Section 16327 is favorable and if the county
superintendent of schools furnishes a certificate satisfactory to the
board certifying that there is on deposit in the state school
building fund of the district the amount of district funds which,
when added to the apportionment computed under Section 16330, will
equal the estimated cost of the project approved under Section 16323.
Unless the board has received the certificates of the county
superintendent of schools required by this section within nine months
from the date of the conditional apportionment, it shall, at the
expiration of the nine-month period, void the conditional
apportionment and shall certify this fact to the Controller. Each
final apportionment made by the board under this article, shall be
certified by it to the Controller who shall from time to time draw
his or her warrant on the Treasurer in favor of the county treasurer
of the county having jurisdiction over the district in accordance
with the terms of the final apportionment. The warrant shall be
exempt from the provisions of Division 4 (commencing with Section
16100) of Title 2 of the Government Code and shall be paid by the
Treasurer from the State School Building Aid Fund.
16325. The board may, upon approval of the application, in whole
or in part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount approved for the application from the
State School Building Aid Fund for such portion or portions of the
project for which the board determines the district is ready to
proceed. If the board has approved an application and made an
apportionment as to a portion or portions of a project, the board may
approve the remaining portion or portions of the project and make an
additional apportionment or apportionments as it deems appropriate.
If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
any district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16326. The amount of new building area for which an apportionment
may be made for the purpose of replacing unsafe school buildings
shall be computed in accordance with regulations adopted by the
board. Such regulation shall be based upon the number of units of
average daily attendance which were housed in the unsafe buildings
being replaced and the building area limitations contained in
Sections 16047, 16052, 16053, 16054 and 16055 together with any
adjustments necessary to alleviate hardships occurring as a result of
only partial replacement of an entire attendance center. In no
event shall an apportionment be made for new building area the
chargeable area of which exceeds the chargeable area of the unsafe
buildings being replaced. The chargeable area of any school building
shall be computed in the uniform manner prescribed by the board.
16327. No payment of funds may be made pursuant to an
apportionment unless the district holds an election at which the
electorate of the district approve the acceptance, expenditure, and
repayment of at least the amount apportioned pursuant to this
article. The election may be held prior to or subsequent to an
apportionment. If the electors voting at the election fail to
approve the proposition by the same majority required at a district
bond election, within nine months from the date of the apportionment,
the apportionment and the board's approval of the application become
null and void.
Notwithstanding the foregoing, an election held prior to the
effective date of Article 9 (commencing with Section 16310) of this
chapter, pursuant to Section 16058, is valid for the purposes of the
foregoing paragraph, provided that the district is not otherwise
eligible to receive apportionments under Article 1 (commencing with
Section 16000), Article 2 (commencing with Section 16150), and
Article 3 (commencing with Section 16190) of this chapter.
16328. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment.
16329. Payment shall be made in accordance with the terms of an
apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which have
been made by the district subsequent to the effective date of this
article for any items approved by the board in such apportionment.
However, where expenditures were made for, or work was commenced with
respect to, any item so approved, prior to the time the application
of the district containing the item was received by the board,
payment or reimbursement for the item, either with state funds or
with district funds which the district is required to contribute by
the apportionment, shall be made only upon authorization of the board
by special resolution citing this section.
16330. The amount of the apportionment to a school district from
the State School Building Aid Fund shall initially be computed by the
board as follows:
(a) Determining the ratio which the school district's assessed
valuation per pupil for the grade level of the project application
bears to the statewide assessed valuation per pupil in that grade
level, for the preceding fiscal year.
(b) Subtracting the amount computed under (a) from four.
(c) Dividing the amount computed under (b) by four plus the ratio
which the school district's assessed valuation per pupil for the
grade level of the project application bears to the statewide
assessed valuation per pupil for that grade level, for the preceding
fiscal year, which computation shall be denoted the "basic computed
state matching ratio of assistance."
(d) The computation prescribed by subdivisions (a), (b), and (c)
may be diagrammed as follows, with "A.V." representing the words
"assessed valuation," and "a.d.a." representing the words "average
daily attendance."
District A.V. per
a.d.a.
Basic computed 4 -
--------------------------
Statewide A.V. per
a.d.a.
state matching =
-----------------------------------
District A.V. per
a.d.a.
ratio of assistance 4 +
--------------------------
Statewide A.V. per
a.d.a.
(e) The basic computed state matching ratio of assistance for a
grade level of a school district shall not be less than 25 percent
nor more than 80 percent of the cost of any specific project.
(f) When the final eligible costs of a project have been
determined pursuant to the audit prescribed in Sections 16340 and
16099, the amount of the basic computed state matching ratio of
assistance to the district shall be adjusted accordingly.
16330.5. Notwithstanding former Section 39230, as amended by
Section 147 of Chapter 36 of the Statutes of 1977, or anything to the
contrary in this article, whenever the State Allocation Board
determines that state funds are not available to make an
apportionment for an otherwise eligible project in the amount
computed pursuant to Section 16330, an application may be approved
and an apportionment made for one dollar ($1) only. In any instances
the project may be financed by the applicant district using funds
derived from a twenty-cent ($0.20) tax levy provided by Section
39230, as amended by Section 147 of Chapter 36 of the Statutes of
1977, together with any other funds available to the district for
those purposes. The tax levy shall be twenty cents ($0.20) per one
hundred dollars ($100) of assessed value for years prior to the
1980-81 fiscal year and beginning in the 1981-82 fiscal year shall be
0.05 percent of the full value.
16331. A school district may obtain local funds to match the
state assistance with any combination of funds available as follows:
(a) Through the issuance of school district bonds.
(b) Through the levy and collection of school district taxes. The
proceeds of any increase in the maximum tax rate shall be used
exclusively for projects for which an apportionment or apportionments
have been made under this article.
(c) Through the levy and collection of school district taxes as
authorized by Section 39230.
(d) From any other fund available for capital outlay purposes.
16332. Whenever a school district determines that it is in its
best interest to provide facilities on a given schoolsite in addition
to those contained in the approved application, it may do so, with
any excess funds it has available for capital outlay purposes, beyond
those required under this article, by adding the excess funds to the
total cost of the project. There shall be no penalties imposed
under this article as a result of the expenditures.
16333. Whenever a school district has received an apportionment
or apportionments of funds pursuant to Chapter 6 (commencing with
Section 15700) or Chapter 8 (commencing with Section 16000) of this
part, and, through the issuance of bonds, uses the bond proceeds as
its source of funds to match its share of the eligible project cost
of any project for which an apportionment of funds is made under this
article, the amount of the bond funds shall be considered eligible
bonded debt service in the computations made by the Director of
General Services prescribed in Sections 15729 and 15730 and in
Sections 16070 to 16090, inclusive.
16334. The interest on apportionments made under this article
shall be established by the board, with the approval of the Director
of General Services, as follows:
(1) The interest rate applicable to apportionments made pursuant
to Article 1 (commencing with Section 16000) and determined in
accordance with Section 16065 shall be established as of June 30 of
each year.
(2) The applicable interest rate on June 30 shall apply to
apportionments made under this article in the ensuing fiscal year,
July 1 through June 30.
(3) Interest on the apportionment shall be compounded annually
through the 30th day of June of each year.
16335. Each district to which an apportionment or apportionments
has been made under this article shall repay the principal amount of
such apportionment or apportionments and the accrued interest thereon
in 20 equal annual payments. The first payment shall be made in the
second fiscal year following the year in which the apportionment is
made. In any year prior to the 1980-81 fiscal year in which the
equal annual repayment exceeds that amount which seventeen and
one-half cents ($0.175) per one hundred dollars ($100) of assessed
valuation for each grade level (i.e. elementary or high school)
operated by the district would raise during the year of the
computation, the repayment shall be reduced to the amount which the
seventeen and one-half cents ($0.175) for each grade level would so
raise. In any year, beginning in the 1981-82 fiscal year, in which
the equal annual repayment exceeds that amount which 0.04375 percent
of the full value for each grade level operated by the district would
raise during the year of the computation, the repayment shall be
reduced to the amount which the 0.04375 percent of the full value for
each grade level would so raise. The amount of the reduction in
computed repayment shall be canceled on the books of the Controller.
If more than one apportionment is made the annual amount payable
shall be the sum of the amounts which would be payable on each amount
if computed separately.
On or before the first day of January of each fiscal year the
State Controller shall determine the annual repayment, if any, to be
due from each district during the next succeeding fiscal year. The
computation and collection procedures shall be in accordance with
Sections 16080, 16089, and 16090.
16335.1. Any apportionment made to the Marysville Joint Unified
School District under Section 16339.8 shall be repaid through the
continuance of the seventeen and one-half cents ($0.175) per one
hundred dollars ($100) of assessed valuation per grade level tax rate
set forth in Section 16335, after such time as the maximum repayment
under Section 16335 becomes less than seventeen and one-half cents
($0.175) per one hundred dollars ($100) of assessed valuation per
grade level. When the Controller has determined that the entire
apportionment including interest, but less any amount paid by the
district pursuant to Section 16339.8 has been completely repaid, this
section shall cease to be operative.
16336. Notwithstanding any provisions of this article, any school
district which has levied the entire amount permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1977, and has declared the entire proceeds therefrom
available as local matching funds for a particular project, but lacks
sufficient matching funds for the project as required under this
article, may file an application thereunder prior to January 1, 1974.
Under the circumstances the board may increase the basic computed
state matching ratio of assistance in the amount, which, when added
to the sum of the entire proceeds of the levy permitted under former
Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1997, and any other funds which in the opinion of the
board is or can be made currently available for the project,
including funds authorized by the electors from bonds or otherwise,
would be necessary to construct minimum essential facilities for the
project as determined by the board. Not more than forty-five million
dollars ($45,000,000) available for the purposes of this article may
be apportioned for increases in the basic computed state matching
ratio pursuant to this section. The source of the forty-five million
dollars ($45,000,000) apportioned for this purpose shall be thirty
million dollars ($30,000,000) previously appropriated for this
purpose from the School Building Safety Fund by Chapter 500 of the
Statutes of 1972, plus an additional fifteen million dollars
($15,000,000) of bond funds remaining from the State School Building
Aid Bond Law of 1966.
16337. Notwithstanding any provisions of this article, where less
than thirty million dollars ($30,000,000) has been apportioned or
otherwise reserved by the board pursuant to Section 16336 on January
1, 1973, the board shall apportion as grants the remainder thereof
under this section for matching purposes pursuant to this article to
districts which the board determines has the greatest need. The
apportionments under this section may be made only to those districts
(1) which would not have been eligible to apply under Section 16336
if they had levied the entire twenty cent ($0.20) tax rate specified
therein, and (2) which have filed an application by January 1, 1973
and received an apportionment under this article from the board by
February 28, 1973.
16339. Notwithstanding any provisions of this article or Section
16336 thereof to the contrary, any school district which lacks
sufficient matching funds for a particular project or projects, as
required under this article, may file an application and the board
may approve a project or projects conditioned upon the district
levying, in the 1974-75 fiscal year, the entire twenty cent ($0.20)
tax rate per one hundred dollars ($100) of assessed valuation
permitted under former Section 39230, as amended by Section 147 of
Chapter 36 of the Statutes of 1997, or Section 81180 and applying the
proceeds of such levy as local matching funds for such project or
projects. Beginning in the 1981-82 fiscal year, the tax shall be
0.05 percent of full value.
Under those circumstances, provided the applicant district was not
eligible to receive a grant under Section 16337, the board may
increase the basic computed state matching ratio of assistance in
that amount, which, when added to the sum of the entire proceeds of
the twenty cent ($0.20) tax rate, except beginning in the 1981-82
fiscal year, the tax shall be 0.05 percent of full value, and any
other funds which in the opinion of the board are or can be made
currently available for the project or projects, would be necessary
to construct minimum essential facilities for the project or projects
as determined by the board. Not more than nineteen million dollars
($19,000,000) of the proceeds of the sale of bonds authorized by
Section 16310, may be apportioned pursuant to this section and in
augmentation of the forty-five million dollars ($45,000,000) made
available under Section 16336.
16339.5. Notwithstanding any provisions of this article to the
contrary, any district which does not have sufficient matching funds
for a particular project as required under this article may file an
application under Section 16339, and the board may approve the
project conditioned upon the district levying in the 1975-76 fiscal
year the entire twenty cent ($0.20) tax rate per one hundred dollars
($100) of the assessed valuation permitted under Section 39230.1 in
lieu of the tax authorized by Section 16339 and applying the entire
proceeds of the levy as local matching funds for the project
providing:
(a) The district has levied a tax at the rate of at least ten
cents ($0.10) per one hundred dollars ($100) of assessed valuation of
the tax permitted under Section 39230 for the 1973-74 fiscal year
and of at least nine cents ($0.09) per one hundred dollars ($100) of
assessed valuation of the tax permitted under Section 39230 for the
1974-75 fiscal year.
(b) The district has sold the
facilities to be replaced to a county prior to June 1972, but
continued to use the facilities after the sale until June 1972.
16339.6. Notwithstanding any provisions of this article or
Sections 16336 and 16339 thereof to the contrary, any school
district, which has issued at least thirty-seven million dollars
($37,000,000) in bonds for the purpose of replacing structurally
unsafe buildings and which lacks sufficient matching funds for a
particular project or projects, as required under this article, may
apply and the board may approve, a project or projects conditioned
upon the district having levied or being required to levy, in the
fiscal years 1974-75, 1975-76, and 1976-77, the entire twenty cent
($0.20) tax rate per one hundred dollars ($100) of assessed valuation
permitted under Section 39230 and applying the entire proceeds
therefrom as local matching funds to an eligible project or projects.
Under those circumstances, the board may increase the basic
computed state matching ratio of assistance in the amount which, when
added to the sum of (1) the entire proceeds which have been
collected from the aforementioned twenty cent ($0.20) tax levies at
the time of the application and not yet applied as matching funds to
previously approved projects and (2) any other funds which in the
opinion of the board are or can be made currently available for the
project or projects, would be necessary to construct minimum
essential facilities for the project or projects as determined by the
board. Not more than six million dollars ($6,000,000) of the
proceeds of the sale of bonds authorized by Section 16310, may be
apportioned pursuant to this section.
16339.8. Notwithstanding any provisions of this article to the
contrary, the State Allocation Board may appropriate to the
Marysville Joint Unified School District a sum not to exceed seven
hundred thousand dollars ($700,000) for costs incurred in repairing
damage at Lindhurst High School, which was constructed pursuant to
this article as a replacement of facilities not complying with
earthquake safety requirements. The need for the repair of Lindhurst
High School may have been caused by improper construction or design.
Therefore, the proceeds received from any insurance or arbitration
award, or any other action, shall be paid by the district to the
board as a direct reduction in the apportionment made under this
section.
16340. Sections 16006, 16017, 16021, 16066, 16088, 16091, and
16093 to 16100, inclusive, shall be applicable to the administration
of this article unless the context of this article as determined by
the board, requires otherwise.
16341. Whenever a school district receives or has received an
apportionment under this article for the purchase of a site which
contains existing improvements, the board may require the district to
dispose of any existing improvements that a condition of receiving
an apportionment in any manner that the board deems proper. Whenever
a district sells, leases or disposes of any site acquired under an
apportionment or any improvements appurtenant to any site so acquired
it shall contribute a portion of the net proceeds therefrom or the
value of any consideration received therefor, in reduction of any
apportionment, such portion being proportionate to the state's
participation in the project.
16342. To determine the effect of school housing aid for
reorganized districts, the applicable portions of Article 2
(commencing with Section 16150) of this chapter shall apply.
16343. Whenever a conditional apportionment has, prior to January
1, 1980, been made to an applicant school district pursuant to this
chapter and thereafter the county superintendent of schools of the
county having jurisdiction over such district has certified to the
board and the Controller that at an election called, held and
conducted in the district for that purpose, the qualified electors of
the district voting thereat authorized the governing board of the
applicant school district, by the same majority vote required at a
district bond election, to accept, expend and repay an apportionment
under the provisions of this chapter, and whenever thereafter said
county superintendent of schools has certified to the board and the
Controller that the required contribution of the district has been
placed on deposit in the state school building fund of the district
and the board has certified to the Controller that the apportionment
to the applicant school district has become final, such final
apportionment is hereby confirmed, ratified, and validated, and any
expenditure of money from the State School Building Aid Fund or the
School Building Safety Fund according to the terms of such final
apportionment is hereby confirmed, ratified, and validated.
Notwithstanding any provision to the contrary, no funds authorized
by any bond act for the purpose of this chapter shall be made
available for expenditure without specific authority of the board or
its delegated representative.
16344. Notwithstanding the provisions of Section 16319, if a
school district otherwise eligible to receive an apportionment under
this article operates sufficient continuous school programs (as
defined in Chapter 5 (commencing with Section 37600) of Part 22) to
provide housing for students displaced from structurally inadequate
facilities, the costs of modifying any existing facilities necessary
for the implementation of any continuous school programs shall be
eligible, upon the review and recommendation of the State Department
of Education, for an apportionment under this article from the
proceeds of bonds remaining from the authorization provided in the
State School Building Aid Law of 1966.
CHAPTER 7. SCHOOL CONSTRUCTION LAW OF 1957
Article 1. General Provisions
16500. This chapter may be cited as the "State Project Area
School Construction Law."
16501. In recognition of the impact which certain major state
construction projects have on local school district building needs in
the areas in which the projects are constructed, the Legislature
declares that it is the policy of the state to bear a proportionate
share of the construction costs of school buildings in the area
affected in the manner and to the extent provided by this chapter.
16502. As used in this chapter:
(a) "State project" means any construction project undertaken by
the state, or the state and federal government jointly, which will
cause a sudden influx of people into the area affected and where
sufficient housing, schools, and other community facilities are not
available. For the purposes of this subdivision, the Governor is
hereby empowered to proclaim any major construction project
undertaken by the state as a "state project" and define the area
affected or likely to be affected thereby if both of the following
conditions are satisfied:
(1) The Governor finds that the construction project will cause a
sudden influx of people into the area.
(2) The Governor is requested to do so by the county board of
supervisors.
The proclamation shall be in writing and shall take effect
immediately. As soon thereafter as possible it shall be filed in the
office of the Secretary of State.
(b) "Board" means the State Allocation Board.
(c) "Director" means the Director of Education for kindergarten
and grades 1 to 12, inclusive.
(d) "Project" means the purposes for which a school district has
applied for an apportionment.
(e) "Construction project" means the purposes for which a school
district has applied for an apportionment at a given location.
(f) "Grade level maintained by a district" means any of the
following:
(1) The kindergarten, if any, and grades 1 to 6, or grades 1 to 8,
inclusive, maintained by an elementary school district or a unified
school district.
(2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or
grades 7 to 10, inclusive, maintained by a high school district or
unified school district, but not more than one grade level shall be
claimed by any district under any one of the paragraphs of this
subdivision.
(g) "Apportionment" means an apportionment made under this chapter
unless the context otherwise requires.
(h) "Project children" means children of parents who have come to
the district subsequent to the start of the state project and who are
employed by the State of California or the federal government in
connection with a state project and children of parents employed by
any contractor or subcontractor of a state project.
(i) "Indirect project children" means children of parents who have
come to the district subsequent to the start of the state project
and who are not employed by a contractor or subcontractor of a state
project but who are children in the area in addition to those which
would be expected as a result of normal development and growth of the
area as determined pursuant to regulations of the director which he
or she is hereby authorized to adopt.
(j) "Parent" includes a legal guardian or other person standing in
loco parentis.
(k) "Department" means the State Department of Education.
16503. The Director of General Services shall administer this
chapter and shall provide any assistance to the board that it may
require.
16504. A fund in the State Treasury is hereby created, to be
known as the State School Construction Fund. All money in the State
School Construction Fund, including any money deposited in the fund
from any source whatsoever after September 11, 1957, is hereby
continuously appropriated without regard to fiscal years for
expenditure pursuant to apportionments made under this chapter.
Article 2. Apportionments
16520. Apportionment from the State School Construction Fund to
school districts shall be made in the manner and subject to the
conditions herein provided and in accordance with policies adopted by
the board, for any of the following purposes:
(a) The purchase and improvement of schoolsites which have been
approved by the department.
(b) The purchase of desks, tables, chairs, and equipment, as
approved by the department.
(c) The planning and construction, reconstruction, alteration of,
and addition to, school buildings for facilities that are approved by
the department as essential, all of which purposes are hereby
declared to be, and are, public works.
Where a district is required by a contract entered into between
itself and a contractor, to obtain at its own expense insurance
covering risks incurred during any construction, reconstruction or
alteration for which an apportionment has been made, the cost thereof
may be paid either directly, or by way of reimbursement, to the
district out of the apportionment, or out of any apportionment made
specifically covering the insurance. However, in other respects the
apportionments are eligible for payment under this chapter.
16521. In addition to the purposes for which apportionments may
be made to school districts under Section 16520, apportionments may
also be made to school districts for the construction, repair,
attachment or development of off-site facilities, utilities or
improvements which the board determines are necessary to the proper
operation or functioning of the school facilities for which
apportionments are made, all of which purposes are hereby declared to
be, and are, public works.
16522. In making applications for, and in expending,
apportionments of funds under this chapter, a district acts as an
agent of the state and all sites purchased and improved, all
equipment purchased, and all buildings constructed, reconstructed,
altered, or added to through the expenditure of funds apportioned
under this chapter, are declared to be, and are, the property of the
state. Upon the payment by the district of the amounts required to
be paid by it to the state under this chapter, the board shall, in
the name of the state, convey the property to the district.
16523. The board may require school districts to insure for the
benefit of the state all sites, equipment, and buildings which are
the property of the state, against any risks and in any amounts that
the board may deem necessary to protect the interests of the state.
No state funds apportioned under this chapter shall be used to pay
the premiums on the insurance.
16524. A district shall be eligible to an apportionment under
this chapter if the estimated number of project children and indirect
project children who will be in average daily attendance in the
schools of the district during the period of the state project is at
least 25 and is at least 5 percent of the estimated number of all
children who will be in average daily attendance in the schools of
the district during the current fiscal year.
16525. Any eligible school district may make application for an
apportionment for a grade level which it maintains by submitting
through the governing board an application therefor in a form and
number that the board shall prescribe. The application shall be
addressed to the board and shall set forth a project for the
construction of school facilities for the district in accordance with
this section.
(a) Each application and copy thereof shall contain and be
supported by:
(1) A description of the project and the site therefor,
preliminary drawings of the school facilities to be constructed
thereon, and any other information relating to the project that the
board may require.
(2) A statement of the estimated cost of the project certified by
an architect or structural engineer.
(3) Evidence that the district has or will have title to the site
upon which the facilities as specified in the application will be
constructed.
(4) Assurance that the district will cause the work on the project
to be commenced within a reasonable time and prosecuted to
completion with reasonable diligence.
(b) The board shall require any changes in the plans which an
applicant school district submits with its application that the board
determines is necessary or desirable to assure completion of the
project with available funds of the district and the amount of the
apportionment to which the district is entitled under this chapter.
For that purpose the board may delegate to the director or the
Director of General Services, according to whether the subject matter
of the revision of the plans is subject to the jurisdiction and
approval of the director or the Director of General Services, the
authority to require any revision in the plans that the board deems
necessary or desirable to accomplish the purposes of this
subdivision.
(c) Upon submission of an application for an apportionment under
this chapter the Director of General Services shall do each of the
following:
(1) Transmit a copy of the application to the director who shall
as promptly as possible prepare a report and recommendation with
respect thereto. Thereupon the director shall transmit his or her
report and recommendation to the Director of General Services who
shall refer them to the board if he or she finds them in proper form
and otherwise sufficient. If the Director of General Services finds
the documents to be lacking in any respect as to any matter subject
to the jurisdiction of the director or the department, he or she
shall refer them to the director who shall take any action that may
be necessary.
(2) Determine the applicant district's financial ability with
funds apportioned under this chapter and funds devoted by the
district to the project to meet the cost of the project and submit
his or her report thereon as promptly as possible to the board.
16526. At the next regular meeting of the board following the
submission of the reports and recommendations required by Section
16525, the board shall, subject to this chapter, approve or reject
the application. If the board approves the application, it shall by
resolution adopted by it, apportion to the district from the State
School Construction Fund the amount applied for, or any portion
thereof that the board determines proper. This shall be known as a
conditional apportionment and shall become final only if the vote
provided for in Section 16527 is favorable. The conditional
apportionment shall remain in effect for a period of nine months from
the date of the resolution of the board. If the apportionment does
not become final within the time prescribed, it shall become void and
the money so apportioned shall again become available for
apportionment pursuant to this chapter.
16527. No apportionment to a school district under this chapter
shall become final, nor shall any agreement authorized by Section
16528 be entered into, unless at an election called by the governing
board of the district, two-thirds of the qualified electors of the
district voting thereat have authorized the governing board to
accept, expend, and repay an apportionment as provided in this
chapter or, with respect to an agreement authorized by Section 16528,
to obligate the district in an amount equal to or in excess of the
maximum amount which the district could be obligated by the
agreement, or by any act of its governing board, or for which it is
responsible, contemplated, or permitted under the agreement. The
election shall be called, held, and conducted in the same manner as
are elections to authorize the issuance of district bonds, except
that the ballot shall contain substantially the following words:
"Shall the governing board of the district be authorized (1) to
accept and expend an apportionment from the State of California under
and subject to the provisions of the State Project Area School
Construction Law, a portion of which amount is subject to repayment
as provided by that law, or (2) to enter into an agreement or
agreements with the state pursuant to Section 16528 of the Education
Code, which will at the time of the agreement or agreements (or at
the time of any subsequent act of the governing board, or for which
it is responsible, contemplated or permitted thereby) commit the
district to a total expenditure in connection with all of these
agreements of not more than ____ dollars, or both. Yes___ No___."
16528. (a) In addition to the powers granted the board under this
chapter, the board shall have authority to do each of the following:
(1) Make apportionments to districts for the purchase of sites
only, or for the construction or purchase of temporary or portable
buildings, and for the cost of site preparation, including any
necessary utility costs, in connection with their utilization.
(2) Establish standards in conjunction with the State Department
of Education pertaining to the sites and buildings as a condition for
making the apportionment. In addition the board may also expend
moneys from the State School Construction Fund directly for the
construction, acquisition, storage, maintenance, and repair of the
buildings, including administrative costs related thereto. In the
latter event the board may lease, sell, or transfer under a
lease-purchase agreement the buildings to school districts eligible
for aid under this chapter, under the terms as it deems fit.
Agreements pertaining thereto may provide for the payment by the
state of site preparation costs, including any necessary utility
costs, sufficient to permit their utilization.
(b) Whenever the board deems it economically desirable to do so
the board may dispose of any facilities acquired or constructed
directly by it under this section to any public or private parties
under the terms and in the manner as the board deems fit, save
insofar as the disposal is inconsistent with any agreement under this
section between the board and an affected district. The board is
authorized to do any and all things necessary to effectuate the
purposes of this section, and any eligible school district is
authorized to enter into an agreement with the board to carry out
the purposes hereof.
(c) Any buildings leased for placement on the school property or
under a purchase or a lease-purchase agreement shall be deemed the
construction or alteration of a school building as those terms are
defined in Sections 17280 to 17313, inclusive.
(d) The consideration provided by any agreement between the state
and districts pursuant to this section shall as nearly as possible
reflect an amount which would return to the state a fair pro rata
proportion of its capital investment and expenditures connected
therewith in the light of the benefits conferred by the agreement.
The consideration shall be paid by the districts promptly when due,
and Section 16573 shall not be deemed applicable to reduce the
consideration, provided that the amounts so repaid shall be
redeposited in the State School Construction Fund.
(e) No agreement shall be entered into under this section unless
the department has, with respect thereto, or as a condition of making
the agreement, approved each of the following items:
(1) The property to be transferred, including any incidental
construction pertaining thereto.
(2) Whether the agreement shall be by lease or sale.
(3) The term of the transfer, if less than a sale, including any
contingent or indefinite term.
"Sale" as used in this subdivision includes a lease-purchase
transaction. The jurisdiction of the department shall not otherwise
extend to the terms of the agreement.
Article 3. Apportionments, Computation
16540. The board shall compute for each applicant school district
the amount to which the district is entitled under this chapter in
the manner prescribed by this article. The amount so computed shall
be reduced by the amount received or to be received by the district
under Public Law 815 of the 81st Congress, as amended, or any similar
provisions of any other act of Congress, solely on account of the
participation of the federal government in the state project or shall
be reduced by the percentage of the cost of the project (as that
term is defined in Section 41930) borne by the federal government,
whichever is the greater amount.
16541. In the computation of the apportionments to applicant
school districts, the board may utilize the facilities and services
of any department or agency of the state and may delegate the
performance of any duties or functions, except those specifically
delegated by this chapter to the director or department, to any
officer or employee thereof as the board deems necessary and proper.
16542. The board shall multiply:
(a) The estimated number of project children in the district by
the current construction cost per pupil in the area of the state
project.
(b) The estimated number of indirect project children in the
district by the current construction cost per pupil in the area,
multiplied by 55 percent.
(c) "Current construction cost per pupil" as used in this section
means the average per pupil cost of constructing complete school
facilities for the grade level maintained by the district for which
application for an apportionment is made under this chapter.
(d) The total of the amounts computed pursuant to subdivisions (a)
and (b) shall be apportioned to the district.
16543. (a) The average per pupil cost of constructing complete
school facilities in the area of the state project for the purposes
of this article shall be determined by the board, after consultation
with the department and the Department of General Services, on the
basis of information obtained thereby and any other information that
may be available to the department.
(b) Estimates of the number of project children and indirect
project children for the purpose of this article shall be made by the
applicant school district in accordance with rules prescribed by the
director and shall be made as of the time the greatest number of
such children will attend the schools of the district as a result of
the state project. The estimates shall be made on the basis of the
best information available to the district at the time of the
application. Approval of the estimates by the director, in whole or
in part, shall be on the basis of the best information available to
the director at the time of the approval. In the approval of
estimates of the number of project children and indirect project
children for the purposes of this article the director may utilize
the facilities and services of any department or agency of the state
as he or she deems necessary and proper. No estimate shall be used
as a basis of an apportionment that has not been approved by the
director.
Article 4. Apportionments, Payment
16550. Immediately after the result of the election required by
Section 16527 has been determined, the county superintendent of
schools shall make a certificate in duplicate stating whether the
district has authorized the acceptance and expenditure of the
apportionment. One copy of the certificate shall be sent to the
board and one copy to the Controller. Upon the receipt by the board
of the certificate, the apportionment shall become final.
16551. The election by a school district upon the acceptance,
expenditure, and repayment of an apportionment prescribed by Section
16527 may be called and held either before or after the making of an
apportionment.
16552. Payment shall be made in accordance with the terms of a
final apportionment, to a school district for expenditures, or
commitments therefor, which have been made by the district subsequent
to the date of the proclamation of the Governor proclaiming a state
project in the area including the district, for any items approved by
the board in the apportionment. However, if expenditures were made
for, or work was commenced with respect to, any item so approved,
prior to the time the application of the district containing the item
was received by the board, payment or reimbursement for the item
shall be made only upon authorization of the board by special
resolution citing this section.
16553. The board shall prescribe in the detail that it deems
necessary, the purposes for which moneys apportioned by it to a
district under this chapter may be expended and the prescription
shall be binding upon the governing board of the district except that
it may be, for good cause, modified by the board.
16554. Each apportionment made by the board under this chapter
shall be certified by it to the Controller who shall thereupon draw
his or her warrant on the State Treasury in favor of the county
treasurer of the county having jurisdiction over the district. The
warrant shall be paid by the Treasurer from the State School
Construction Fund and is not subject to the provisions of
Section 925.6 of the Government
Code.
16555. The county treasurer of each county shall pay all moneys
received by him or her under this chapter into the county treasury to
the credit of the state school construction fund of the district,
which fund is hereby created, exactly as apportioned by the board.
16556. The governing board of each school district to which an
apportionment has been made under this chapter shall expend the
moneys in the state school construction fund of the district only for
the purposes for which the moneys were apportioned to the district
and for no other purpose and shall make any reports relating to the
expenditure of the moneys that the board and the Controller shall
require.
16557. It shall be the duty of the Controller to make any audit
or audits of the books and records of counties and school districts
receiving apportionments under this chapter, that he or she may deem
necessary from time to time, for the purpose of determining that the
money received by school districts as apportionments hereunder has
been expended for the purposes authorized by this chapter.
Article 5. Apportionments, Repayment
16570. Each school district to which an apportionment is made
under this chapter shall repay the principal amount of the
apportionment in the manner prescribed by this article.
16571. For purposes of computing the repayment, the state project
shall be deemed completed on June 30th of the fiscal year in which
the state project is completed and accepted by the state.
16572. The principal amount of the apportionment shall be
computed and repaid in the manner prescribed in this article.
(a) On or before the first day of January succeeding the
completion of the state project, the Controller shall compute the
annual repayment of each apportionment for each grade level
maintained by the district, as follows:
(1) He or she shall determine from the certification of the
director the total amount of average daily attendance of project
children, and the total amount of average daily attendance of
indirect project children, in attendance in the grade level
maintained by the district for the period commencing with the date of
the proclamation of the Governor proclaiming the existence of a
state project in the area including the district and ending on June
30th of the fiscal year in which the state project is completed.
(2) He or she shall divide the average daily attendance of the
project children by 30 and multiply the quotient by the amount
determined by the board pursuant to Section 16543 as the average per
pupil cost of construction in the area of the state project.
(3) He or she shall multiply the average daily attendance of the
indirect project children by 55 percent. The product shall be
divided by 30 and the quotient multiplied by the amount determined by
the board pursuant to Section 16543 as the average per pupil cost of
construction in the area of the state project.
(4) The total of the amounts computed pursuant to paragraphs (2)
and (3) shall be subtracted from the amount of the apportionment to
the district. The remainder shall be divided by 30 and the quotient
shall constitute the amount of the annual repayment of the
apportionment.
(5) Upon application of the district and approval by the board,
the total amount of the repayment may be paid in a lump sum or in
fewer than 30 years.
16573. If on June 30th of the fiscal year in which the state
project is completed there is classroom space constructed with funds
apportioned under this chapter, that is not being used by the
district, the board shall, upon application of the district, reduce
the total amount to be repaid by the district on a proportionate
basis until the time that the classroom space is used by the
district. No payment shall be required by the district for the
period during which the classroom space is not used by the district.
16574. The Controller shall, during the fiscal year in which he
or she determines the annual repayment as provided in Section 16572,
and for each subsequent fiscal year not exceeding 30, deduct the
total amount of the annual repayment of each district in equal
amounts from each of the February, March, April, and May installments
of the apportionments made to the district from the State School
Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to
41343, inclusive, and Sections 41600 to 41972, inclusive, and, on
order of the Controller, the amount so deducted shall be transferred
to the General Fund of the state.
16575. Upon computing in any fiscal year the amount to be
deducted from the apportionments to the district from the State
School Fund during the fiscal year, the Controller shall notify the
governing board of the district and the county auditor of the county,
the county superintendent of which has jurisdiction over the
district, of the amount to be deducted.
16576. The board of supervisors of the county, the county
superintendent of which has jurisdiction over any district which
under this chapter will have moneys withheld by the Controller from
the apportionments to be made to it from the State School Fund during
any fiscal year, shall annually at the time the board of supervisors
makes the next levy of taxes for county purposes, levy a tax upon
the property in the district sufficient to raise for the district the
amount of money withheld by the Controller during the fiscal year
preceding that in which the tax is levied. The tax, when collected,
shall be paid into the county treasury of the county, the county
superintendent of schools of which has jurisdiction over the district
for which the tax was levied, to the credit of the general fund of
the district.
16577. Notwithstanding Section 16572 to the contrary, if on or
before June 30th of the fiscal year in which the state project is
completed the district has received a final apportionment under
Sections 16000 to 16207, inclusive, or if at any time thereafter the
district receives a final apportionment under Sections 16000 to
16207, inclusive, the amount of the apportionment to the district
under this chapter then remaining unpaid shall, upon request of the
district, be added to the principal amount of the apportionment made
to the district under Sections 16000 to 16207, inclusive. Thereupon
the apportionment made to the district under this chapter shall be
deemed to be an apportionment made to the district under Sections
16000 to 16207, inclusive, and subject to repayment in the manner
therein prescribed, except that no interest shall be charged or
collected upon the amount which is added to the principal amount of
the apportionment made to the district under Sections 16000 to 16207,
inclusive. For the purposes of Section 16083, any amount added to
the principal amount of an apportionment pursuant to this section
shall be deemed to have become final and disbursed to the district on
the date the state project is deemed completed pursuant to Section
16571.
Article 6. Miscellaneous
16590. In addition to any other powers and duties as are granted
the board by this chapter, the board shall do each of the following:
(a) Establish any procedures and policies in connection with the
administration of, and the expenditure of funds made available for
the purpose of, this chapter that it deems necessary and which are
not in conflict with the powers and duties of the State Department of
Education or of the director granted or imposed by this chapter.
(b) Adopt any rules and regulations for the administration of this
chapter, requiring any procedure, forms, and information, that it
may deem necessary.
16591. The State Allocation Board is continued in existence for
the purposes of this chapter. The members of the board and the
Members of the Legislature meeting with the board shall receive no
compensation for their services under this chapter but shall be
reimbursed for their actual and necessary expenses incurred in
connection with the performance of their duties hereunder, to be paid
out of the State School Construction Fund.
16592. Whenever the Controller determines that any money
apportioned to a school district under this chapter has been expended
by the district for purposes not authorized by this chapter, or
exceeds the final cost of the project which is authorized by this
chapter to be paid therefrom, the Controller shall furnish written
notice to the board, the governing board of the school district, the
county superintendent of schools, the county auditor, and the county
treasurer of the county whose county superintendent of schools has
jurisdiction over the school district, directing the school district
and the county treasurer to pay into the State Treasury the amount of
the unauthorized expenditures, or the amount of the excess
apportionment, as the case may be. Upon receipt of the notice, the
governing board shall order the county treasurer to pay to the
Treasurer, out of any moneys in the county treasury available to the
school district for that purpose, the amount set forth in the notice.
The amount shall, upon order of the Controller, be deposited in the
State Treasury to the credit of the State School Construction Fund,
to be reapportioned by the board.
The governing body and county treasurer shall make the payments to
the Treasurer as provided in this section, and the Controller shall
enforce the collection on behalf of the state.
CHAPTER 8. URBAN SCHOOL CONSTRUCTION AID LAW OF 1968
Article 1. General Provisions
16700. This chapter may be cited as the "Urban School
Construction Aid Law of 1968."
16701. The Legislature hereby declares that it is in the interest
of the state and of the people thereof for the state to aid urban
school districts of the state in reconstructing, modernizing, or
replacing schoolsites and buildings for pupils of the public school
system who are now housed in substandard schools constructed prior to
1943.
16702. As used in this chapter:
(a) "Board" means the State Allocation Board.
(b) "Director" means the Director of Education.
(c) "Project" means the purpose or purposes for which a school
district has applied for an apportionment or apportionments.
(d) "Apportionment" means an apportionment made under this chapter
unless the context otherwise requires.
(e) "Urban district" means any school district, the boundaries of
which are substantially identical to or which encompass the
boundaries of a city having a population in 1960 of not less than
50,000 persons.
16703. The Director of General Services shall administer this
chapter and shall provide any assistance to the board that it may
require.
16704. The State Allocation Board is continued in existence for
the purposes of this chapter. The members of the board and the
Members of the Legislature meeting with the board shall receive no
compensation for their services under this chapter but shall be
reimbursed for their actual and necessary expenses incurred in
connection with the performance of their duties hereunder, to be paid
out of the Urban School Construction Aid Fund.
16705. The board by the adoption of rules shall give priority in
allocating funds to urban districts to those districts where the
children will benefit most from schoolhouse facilities. This
priority shall be based upon the age of existing buildings and the
acuteness of overcrowding at the school or schools where the
construction or reconstruction will occur, the density of population
in the attendance areas affected, or any other factors that will
insure that the greatest need will be served.
16706. In addition to any other powers and duties that are
granted the board by this chapter, the board shall:
(a) Establish any qualifications not in conflict with other
provisions of this chapter that it deems will best serve the purposes
of this chapter for determining the eligibility of school districts
to apportionments of funds under this chapter.
(b) Establish any procedures and policies in connection with the
administration of, and the expenditure of funds made available for
the purpose of, this chapter that it deems necessary.
(c) Adopt any rules and regulations for the administration of this
chapter, requiring any procedure, forms, and information, that it
may deem necessary.
16707. The board shall prescribe instructions specifying the
manner in which property, real or personal, being replaced through
the apportionment, shall be disposed of, and compliance with the
instructions shall be a condition upon the making of the
apportionment. The net proceeds derived from the disposition shall
be contributed in reduction of any apportionment. Any school
district affected shall comply with instructions prescribed by the
board. The board may require a district to transfer to the state, by
any instruments deemed appropriate by the board, title to the
replaced property, whereupon, the board shall dispose of the property
in any manner it deems appropriate to insure the highest return to
the state, and apply the proceeds therefrom in reduction of
apportionments to the district. The district affected shall do all
things deemed necessary by the board to implement the disposition.
16708. Apportionments from the Urban School Construction Aid Fund
created by Section 16728 shall be limited to urban districts and
shall be made for the sole purpose of reconstructing or replacing
existing substandard buildings constructed prior to 1943. The
apportionments shall be made in the manner and subject to the
conditions herein provided and in accordance with policies adopted by
the board for the following purposes:
(1) The acquisition, by purchase or lease, and the installation
and equipping portable classrooms for instructional purposes.
(2) The acquisition and development of schoolsites.
(3) The construction and equipping of permanent school buildings
and facilities.
(4) The reconstruction, renovation, or remodeling of existing
school buildings and facilities.
(5) Any combination of the above.
As a part of these purposes, where a district is required by a
contract entered into between itself and a contractor, to obtain at
its own expense insurance covering risks incurred during any
construction, reconstruction, or alteration for which an
apportionment has been made, the cost thereof may be paid either
directly, or by way of reimbursement, to the district out of the
apportionment, or out of any apportionment made specifically covering
the insurance, provided that in other respects the apportionments
are eligible for payment under this chapter.
A leasehold or use permit interest held by a school district in
land owned in fee simple by the government of the United States may,
for all purposes of this chapter, be deemed a purchase of land by the
district and to vest title and ownership in the district.
16709. The board shall not make any apportionment with respect to
an application for replacing inadequate school facilities unless it
has first investigated and made a finding that it would not be
economical or good practice to rehabilitate the facilities.
16710. In addition to the purposes for which apportionments may
be made to school districts under Section 16708, apportionments may
also be made to school districts for the construction, repair,
attachment, or development of offsite facilities, utilities, or
improvements which the board determines are necessary to the proper
operation or functioning of the school facilities for which
apportionments are made, all of which purposes are hereby declared to
be, and are, public works.
16711. (a) In making applications for, and in expending
apportionments of funds under this chapter, a school district acts as
an agent of the state and all sites purchased and improved, all
equipment purchased, and all buildings constructed, reconstructed,
altered, or added to through the expenditure of funds apportioned
under this chapter, are declared to be, and are, the property of the
state.
(b) The Director of General Services shall file with the county
recorder of the county in which any site purchased or improved
through the expenditure of funds apportioned under this chapter is
located a certificate, properly acknowledged, indicating the state's
interest in real property of the district by virtue of this section,
without the necessity of particularizing the real property. The
recorder shall record and index the certificate in the same manner as
abstracts of judgments and the certificate shall constitute
constructive notice of the state's interest in the particular real
property affected. The certificate shall as to any party thereafter
acquiring real property or any interest therein in the county from
the school district have the same force, effect and priority as if it
had been a judgment lien imposed upon real property which was not
exempt from execution. That effect shall commence upon recordation
and continue until the certificate is discharged or released as
provided herein.
(c) Upon request, the Director of General Services shall issue
either of the following:
(1) A release of the state's interest in any real property or a
portion thereof that the district has been authorized by the board to
dispose of under this chapter, provided that delivery of the release
may be subject to any conditions that may be prescribed by the board
to protect the state's interest.
(2) A disclaimer of the state's interest in any real property or a
portion thereof of the district, the disposition of which the board
is not required to consent to under this chapter, provided that the
delivery of the disclaimer may be subject to any conditions that the
board deems appropriate to protect the interests of the state,
including conditions relating to the amount of consideration to be
received from the disposition if the board asserts an interest in the
proceeds of the disposition under other provisions of this chapter.
The release or disclaimer shall conclusively protect any third
party relying upon the same and shall be acknowledged to permit
recordation by the county recorder.
(d) Upon payment by the district of all amounts required to be
paid by it or on its behalf to the state under this chapter both of
the following shall occur:
(1) The Director of General Services shall file with the recorder
a release of any certificate. The release shall be recorded and
indexed in the same index as the certificate.
(2) The title to personal property purchased by such school
district with funds apportioned under this chapter shall revert
thereto without further action by the state.
16712. A school district shall not expend money apportioned under
this chapter unless the contracts under which the funds are expended
have been let after competitive bids thereafter pursuant to this
code.
16713. Each school district which desires an apportionment shall
submit through its governing board to the board an application
therefor in the form and number of copies as the board shall
prescribe. Each copy of the application shall be accompanied by a
statement of the estimated cost of the project certified by an
architect or structural engineer, and by layout plans showing the
entire construction project for which the district desires an
apportionment.
Estimates of costs for new construction or equipment appearing in
an application shall not exceed typical current costs of comparable
new construction or equipment by school districts in the same area
not receiving an apportionment under this chapter, as determined by
the Director of General Services, or if there has been no new
construction by school districts in the area, the estimates of costs
shall not exceed the reasonable current cost of similar construction
or equipment in the area as determined by the Director of General
Services.
A school district may at any time file an application or amend or
supplement an application. Upon receipt of any application, the
Director of General Services shall as promptly as possible prepare a
report and recommendation with respect to the application after
having received recommendations from the director in respect to any
matter which is subject to the jurisdiction or approval of the
director or State Department of Education. The board shall, subject
to the provisions of this chapter, approve, in whole or in part, or
reject each application referred to it by the Director of General
Services. If the board approves of the application, either in whole
or in part, it shall, by a resolution adopted by it, apportion to the
district from the Urban School Construction Aid Fund the amount
applied for, or a portion thereof as the board may determine
appropriate. However, it may order that the apportionment or any
part thereof shall be paid in progressive installments at times and
under conditions as it may then prescribe.
16714. The board may approve, in whole or in part, an application
submitted by a school district under Section 19263 and in any
amount, not exceeding the amount applied for, that the board may deem
appropriate.
The board may, upon approval of the application, in whole or in
part, and subsequently from time to time, make a conditional
apportionment or conditional apportionments not exceeding in the
aggregate the total amount approved in the application of the
district by the board to the applicant school district from the Urban
School Construction Aid Fund for any portion or portions of the
project that the board determines the district is ready to proceed
with. If the board has approved an application and made an
apportionment as to a portion or portions of a project, the board may
approve the remaining portion or portions of the project and make an
additional apportionment or apportionments as it deems appropriate.
If the board determines that the actual cost is in excess of the
estimated cost of the specific school plant facilities or sites for
which an apportionment to a district has been made, or for which a
district's application has been approved in whole or in part pursuant
to this section, the board may make an additional apportionment to
the district in an amount equal to the excess even though the
additional apportionment will result in the total apportionments to
the district exceeding the amount of the application originally
approved by the board.
Approval of an application under this section shall not be
construed as creating or implying any obligation, commitment or
promise on the part of the board or the state to make apportionments
under this chapter.
16715. No apportionment shall be made for new construction, the
area of which exceeds the area of the unsafe buildings being replaced
under Section 16708. The area of school buildings shall be computed
in a uniform manner as prescribed by the board.
16716. Payment shall be made in accordance with the terms of an
apportionment, either directly or by way of reimbursement, to a
school district for expenditures, or commitments therefor, which have
been made by the district subsequent to the effective date of this
chapter for any items approved by the board in the apportionment.
However, if expenditures were made for, or work was commenced with
respect to, any item so approved, prior to the time the application
of the district containing the item was received by the board,
payment or reimbursement for the item, either with state funds or
with district funds which the district is required to contribute by
the apportionment, shall be made only upon authorization of the board
by special resolution citing this section.
16717. Notwithstanding any provision to the contrary, the board,
with the approval of the Director of General Services, shall,
pursuant to this section, fix the rate of interest to be paid by the
districts on the sums apportioned during that fiscal year. Beginning
each fiscal year the board shall compute the average of the rates of
interest which the state pays upon the state school reconstruction
and replacement bonds, sold at the three sales of state school
reconstruction and replacement bonds occurring immediately prior to
that fiscal year, or, if the board so determines, at all of the sales
of the bonds occurring in the two years immediately prior thereto,
giving effect to the price at which the state school reconstruction
and replacement bonds sold at the sales, and the premium, if any
paid, thereon. If an apportionment is made prior to the sale of
state school reconstruction and replacement bonds, the board shall
use the computed average rate of interest which the state paid on the
last sale of state school building bonds. The average rate shall be
adjusted to the next highest one-tenth of 1 percent to cover the
cost of sale and issuance of the bonds and costs of administration.
The adjusted average rate shall be the rate paid by districts on
apportionments received during that fiscal year, and shall be
compounded annually through the 30th day of June of each year.
16718. Apportionments may be made irrespective of whether there
is on deposit at the time thereof a sufficient amount in the Urban
School Construction Aid Fund to permit the payment of the
apportionments. Disbursements may be made under any apportionment
from any funds in the Urban School Construction Aid Fund irrespective
of whether there exists at the time of the disbursement a sufficient
amount in the fund to permit the payment in full of all
apportionments previously made. However, no disbursements shall be
made from any funds in the Urban School Construction Aid Fund
required by law to be transferred to the General Fund, or from any
moneys therein which the Controller deems necessary to satisfy
appropriations from the fund for purposes other than apportionments.
16719. No apportionment shall be made to a district for the
construction, reconstruction, or alteration of, or addition to,
school buildings if the requirements prescribed by this code for the
construction of school buildings are not met by the plans for the
entire building program of the district in connection with which the
district applied for an apportionment.
16720. Each district to which an apportionment or apportionments
has been made under this chapter shall repay a portion or all of the
principal amount of such apportionment or apportionments and the
accrued interest thereon in 30 equal annual payments, as shall be
determined by the Controller pursuant to this section. If more than
one apportionment is made the annual amount payable shall be the sum
of the amounts which would be payable on each
apportionment if computed separately.
The Controller shall determine the portion of the principal amount
of the apportionment or apportionments made to each district to be
repaid by the district by diminishing the principal amount by the
product of the ratio which the assessed valuation of the district per
unit of average daily attendance of pupils in the grades maintained
by the district during the preceding fiscal year bears to the
assessed valuation per unit of average daily attendance in the same
type of districts in the state and one-half of the principal amount
of the apportionment or apportionments, except that the amount to be
repaid shall not exceed the amount of the principal apportionment or
apportionments.
The Controller shall make the computation to determine the annual
repayment due in the next fiscal year following the fiscal year in
which the apportionment is made. In any year prior to the 1980-81
fiscal year in which the annual repayment exceeds the amount which
may be raised by a three cent ($0.03) tax rate per one hundred
dollars ($100) of assessed valuation in the district, the governing
board of the school district shall so certify to the Controller
whereupon the Controller shall grant a deferment of the annual
repayment which is in excess of the amount that would be produced by
a tax rate of three cents ($0.03) per one hundred dollars ($100) of
assessed valuation of the district. In any year, beginning with the
1981-82 fiscal year, in which the annual repayment exceeds the amount
which may be raised by a levy of 0.0075 percent of the full value in
the district, the governing board of the school district shall so
certify to the Controller whereupon the Controller shall grant a
deferment of the annual repayment which is in excess of the amount
that would be produced by a tax of 0.0075 percent of the full value
of the district. The amount deferred shall be added to the annual
repayment for the next succeeding fiscal year.
16721. The Controller shall, during the next fiscal year
following that in which he determines the annual repayment as herein
provided, deduct the total amount of the annual repayment of each
district in equal amounts from each of the February, March, April,
and May installments of the apportionments made to the district from
the State School Fund and, on order of the State Controller, the
amount so deducted shall be transferred to the Urban School
Construction Aid Fund. All money transferred to the Urban School
Construction Aid Fund under this section shall be available only for
transfer to the General Fund.
16722. The Controller shall determine and maintain a record of
the amount due the state in connection with each apportionment made
to a district under this chapter. He or she shall compute interest,
at the rate fixed by the board, on each amount disbursed by the state
pursuant to the apportionment, from the date of issuance of the
Controller's warrant covering the payment to the county treasurer of
the amount until the first day of July of the fiscal year next
succeeding that in which the warrant was issued. Thereafter, interest
shall accrue to and be compounded as a part of the principal amount
due the state pursuant to the apportionment, through the 30th day of
the following June of each year, until the principal and interest
have been paid.
16723. Upon computing in any fiscal year the amount to be
deducted from the apportionments to the district from the State
School Fund during the succeeding fiscal year, the Controller shall
notify the governing board of the district and the county auditor of
the county, the county superintendent of which has jurisdiction over
the district, of the amount to be deducted.
16724. The board of supervisors of the county, the county
superintendent of which has jurisdiction over any district which
under this chapter will have moneys withheld by the Controller from
the apportionments to be made to it from the State School Fund during
any fiscal year, shall annually at the time the board of supervisors
makes the levy of taxes for county purposes, levy a tax upon the
property in the district sufficient to raise for the district the
amount of money to be withheld by the Controller during the fiscal
year in which the tax is levied. The tax, when collected, shall be
paid into the county treasury of the county, the county
superintendent of schools of which has jurisdiction over the district
for which the tax was levied, to the credit of the general fund of
the district.
16725. The board shall prescribe in the detail that it deems
necessary, the purposes for which moneys apportioned by it or which
it requires the district to contribute toward, or in reduction of the
cost of a project, may be expended, and the prescription shall be
binding upon the governing board of the district, except that it may
be changed or modified by the board for any cause that it sees fit.
16726. An urban school construction fund is hereby created in the
county treasury in each county for each school district in the
county. The county treasurer of each county shall pay into the urban
school construction fund of each school district, exactly as
apportioned by the board, all moneys received by him or her under
this chapter with respect to each school district.
16727. Interest earned on those portions of deposits in an urban
school construction fund representing allocations from the proceeds
of state school reconstruction and replacement bonds received by the
county treasurer for the benefit of a school district under this
chapter shall be paid into the Urban School Construction Fund created
by Section 16728.
16728. A fund in the State Treasury is hereby created, to be
known as the Urban School Construction Aid Fund. All money in the
Urban School Construction Aid Fund, including any money deposited the
fund from any source whatsoever is hereby continuously appropriated
without regard to fiscal years for expenditure pursuant to
apportionments made under the provisions of this chapter.
16729. The governing board of each school district to which an
apportionment has been made under this chapter shall expend the
moneys in the urban school construction fund of the school district
exactly as apportioned by the board and only for the purposes for
which the moneys were apportioned to the district, and for no other
purpose, and shall make the reports relating to the expenditure of
the moneys that the board and the Controller shall require.
16730. A complete detailed report of expenditure of funds
allocated pursuant to this chapter shall be made by the board
annually to the Legislature. The report shall contain a detailed
statement of facilities provided, type of construction, square
footage provided and all other items which will enable the
Legislature fully to understand the nature of the construction
performed by the school districts.
16731. It shall be the duty of the Controller to make any audit
or audits of the books and records of counties and school districts
receiving apportionments under this chapter, that he or she may deem
necessary from time to time, for the purpose of determining that the
money received by school districts as apportionments hereunder has
been expended for the purposes and under the conditions authorized by
this chapter.
16732. Whenever the Controller determines that any money
apportioned to a school district has been expended by the school
district for purposes not authorized by this chapter, or exceeds the
final cost of the project which is authorized by this chapter to be
paid therefrom, the Controller shall furnish written notice to the
board, the governing board of the school district, the county
superintendent of schools, the county auditor, and the county
treasurer of the county whose county superintendent of schools has
jurisdiction over the school district, directing the school district
and the county treasurer to pay into the State Treasury the amount of
the unauthorized expenditures, or the amount of the excess
apportionment, as the case may be. Upon receipt of the notice, the
governing board shall order the county treasurer to pay to the
Treasurer, out of any moneys in the county treasury available to the
school district for that purpose, the amount set forth in the notice.
The amount shall, upon order of the Controller, be deposited in the
State Treasury to the credit of the Urban School Construction Aid
Fund, to be reapportioned by the board.
It shall be the duty of the governing body and the county
treasurer to make the payments to the Treasurer as provided in this
section, and it shall be the duty of the Controller to enforce the
collection on behalf of the state.
If the district fails to make the payment specified within one
year after written notice of the amount due, the Controller shall
deduct the amount thereof with interest from date of the notice from
the February payment made to the district under Section 14041 in the
next succeeding fiscal year.
16733. (a) As used in this chapter:
(1) "State-aided district" means a district to which an
apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all or a part
of, a state-aided district or an applicant district has been
included.
(3) "Original district" means a state-aided or applicant district
included in whole or in part in an acquiring district.
(b) For the purposes of this article as it applies to an original
district or to an acquiring district, the effective date of any
change of boundaries, annexation, formation of a new district, or
other reorganization shall be the date the action became effective
for the purposes of Section 4060.
16734. Whenever, subsequent to the date of an apportionment to a
district, the state-aided district is included in whole or in part in
another district, the acquiring district in which a state-aid
project is located shall, on the effective date of the inclusion,
succeed to and be vested with all of the duties, powers, purposes,
jurisdiction, and responsibilities of the state-aided district with
respect to any apportionment or apportionments for such project and
the property acquired or to be acquired from funds provided thereby,
and all funds in the urban school construction fund of the
state-aided district shall be transferred to the urban school
construction fund of the acquiring district. All amounts which
would, after the effective date of the inclusion, have been otherwise
paid to the state-aided district under the terms of or pursuant to
the apportionment, shall be paid to the acquiring district. In
addition, the acquiring district shall, on the effective date of the
inclusion of the state-aided district in the acquiring district
become liable for the annual repayments and other payments due the
state under this chapter.
CHAPTER 12. STATE SCHOOL BUILDING LEASE-PURCHASE LAW OF 1976
Article 1. General Provisions
17000. This chapter may be cited as the "Leroy F. Greene State
School Building Lease-Purchase Law of 1976."
17001. (a) The Legislature hereby declares that it is in the
interest of the state and the people thereof for the state to
reconstruct, remodel, or replace existing school buildings that are
educationally inadequate or that do not meet present-day structural
safety requirements, and to acquire new schoolsites and buildings for
the purpose of making them available to local school districts for
the pupils of the public school system, that system being a matter of
general concern inasmuch as the education of the children of the
state is an obligation and function of the state.
(b) In order to expedite the elimination of the use of
nonconforming school buildings that are used or designed to be used
for instructional purposes or intended to be entered by pupils, the
State Allocation Board may establish criteria that considers special
circumstances under which funds may be allocated for the
reconstruction of nonconforming buildings. The funds allocated in
accordance with this section shall not exceed 75 percent of the cost
of facility replacement.
(c) It is the intent of the Legislature that all construction
projects be designed and constructed to maximize the use of
educational technology, as set forth in subdivision (b) of Section
17002.
17002. The following terms wherever used or referred to in this
chapter, shall have the following meanings, respectively, unless a
different meaning appears from the context:
(a) "Board" means the State Allocation Board.
(b) "Cost of project" includes, but is not limited to, the cost of
all real estate property rights, and easements acquired, and the
cost of developing the site and streets and utilities immediately
adjacent thereto, the cost of construction, reconstruction, or
modernization of buildings and the furnishing and equipping,
including the purchase of educational technology hardware, of those
buildings, the supporting wiring and cabling, and the technological
modernization of existing buildings to support that hardware, the
cost of plans, specifications, surveys, and estimates of costs, and
other expenses that are necessary or incidental to the financing of
the project. For purposes of this section, "educational technology
hardware" includes, but is not limited to, computers, telephones,
televisions, and video cassette recorders.
(c) The term "lease" includes a lease with an option to purchase.
(d) "Project" means the facility being constructed or acquired by
the state for rental to the applicant school district and may include
the reconstruction or modernization of existing buildings,
construction of new buildings, the grading and development of sites,
acquisition of sites therefor and any easements or rights-of-way
pertinent thereto or necessary for its full use including the
development of streets and utilities.
(e) "Property" includes all property, real, personal or mixed,
tangible or intangible, or any interest therein necessary or
desirable for carrying out the purposes of this chapter.
(f) "Apportionment" means a reservation of funds necessary to
finance the cost of any project approved by the board for lease to an
applicant school district.
17002.1. As used in this chapter, construction shall include, but
not be limited to, reconstruction, modernization, and replacement of
facilities, and the performance of deferred maintenance activities
on facilities pursuant to rules and regulations regarding those
activities as may be adopted by the board. Funding for deferred
maintenance activities for a facility may be approved under this
chapter without regard to whether project funding for the
reconstruction, modernization, or replacement of the facility is
prohibited under Section 17021.
17003. The Director of General Services shall administer this
chapter and shall provide such assistance to the board as it may
require.
17004. The State Allocation Board is continued in existence for
the purpose of this chapter. The members of the board and the
Members of the Legislature meeting with the board shall receive no
compensation for their services under this chapter but shall be
reimbursed for their actual and necessary expenses incurred in
connection with the performance of their duties hereunder, to be paid
as an administrative expense referred to herein.
17005. In addition to all other powers and duties as are granted
the board by this chapter, other statute, or the Constitution, the
board shall have power to:
(a) Establish any qualifications not in conflict with other
provisions of this chapter, as it deems will best serve the purposes
of this chapter, for determining the eligibility of school districts
to lease projects under this chapter.
(b) Establish any procedures and policies in connection with the
administration of this chapter as it deems necessary.
(c) Adopt any rules and regulations for the administration of this
chapter, requiring any procedure, forms, and information, as it may
deem necessary.
(d) Construct and control any project.
(e) Fix rates, rents, or other charges for the use of any project
acquired, constructed, rehabilitated, equipped, furnished, or for
services rendered in connection with that project, and to alter,
change, or modify the same at its pleasure, subject to any
contractual obligation that may be entered into by the board with
respect to the fixing of the rates, rents, or charges.
17005.1. On or before June 30, 1981, and on or before June 30 of
each year thereafter, the board shall approve a plan specifying (a)
the amount of funds to be allocated in the forthcoming fiscal year
for the purposes of deferred maintenance activities and (b) the
manner in which such funds shall be allocated to applicant districts.
17005.3. (a) Any school district with an average daily attendance
of less than 2,501 pupils may apply to the board for a loan to cover
the project activities of the first or second phase, as those phases
were defined on July 1, 1993, of a project funded under this
chapter. The loan shall not be utilized for the purchase of real
property and shall be repaid by the school district either through a
dedication of fees or charges levied pursuant to Section 17620 until
the loan is repaid or upon receiving the project funding at the
construction phase, but, in any event, the loan shall be repaid
within five years from the date on which the board makes the loan.
In addition to the other methods of repayment specified in this
subdivision, the board may also notify the Controller if a school
district is 90 days late in making loan repayments, in which case the
Controller shall reduce the apportionments to which the school
district is otherwise entitled under Section 42238 as necessary to
recover past due payments and any current payments.
(b) The board may make loans under this section to the extent that
the board determines that funds are available for that purpose. The
total annual maximum funds that may be loaned under this section is
ten million dollars ($10,000,000) per fiscal year.
(c) The board may make loans under this section only for those
projects and phases that have met all of the eligibility standards of
the board and receive approval for an apportionment, but for which
apportionment funds are not available. In any event, the amount of
the loan shall not exceed the amount that would have been eligible
for apportionment.
17005.5. The board may provide a loan to any school district from
the proceeds of the sale of bonds pursuant to the School Facilities
Bond Act of 1992, and the 1992 School Facilities Bond Act, to provide
aid for school districts in accordance with this chapter, when those
proceeds are available in the State School Building Lease-Purchase
Fund. In order to provide a loan, both of the following conditions
shall be met:
(a) The amount of the loan shall not exceed the amount set forth
in legislation enacted that specifies the loan amount.
(b) The loan shall be repaid pursuant to a schedule set forth in
legislation enacted that specifies a loan repayment schedule.
17006. (a) The board shall not enter into any lease with respect
to an application for replacing inadequate school facilities unless
it first has investigated and made a finding, or the governing board
of a self-certifying district, as applicable, first certifies that it
has investigated and made a finding, consistent with guidelines
adopted by the board, that one or both of the following conditions
exists:
(1) It would not be economical or good practice to rehabilitate
those facilities.
(2) The school facilities are inadequate due to their
susceptibility to repeated flooding. The board shall develop and
adopt regulations that define inadequacy of school facilities on the
basis of susceptibility to repeated flooding. The building area of
any facility found to be inadequate pursuant to this subdivision
shall be excluded, for the purposes of any application for the
replacement of any facility, from the calculation under this chapter
of the area of adequate school construction existing in the applicant
school district.
(b) The self-certifying district shall maintain documentation of
each investigation and finding it conducts pursuant to subdivision
(a) as may be required by the board, and the investigation and
finding shall be subject to subsequent audit as the board may direct.
(c) For purposes of this chapter, a "self-certifying district" as
to any project to be funded under this chapter, is an applicant
district that provides 50 percent or more of the cost of the project
from funding sources other than any state program administered by the
board.
17007. The State School Building Finance Committee, created by
Section 15909 and composed of the Governor, Controller, Treasurer,
Director of Finance, and Director of Education, all of whom shall
serve thereon without compensation and a majority of whom shall
constitute a quorum, is continued in existence for the purpose of
this chapter. Two Members of the Senate appointed by the Senate
Committee on Rules, and two Members of the Assembly appointed by the
Speaker, shall meet with and advise the committee to the extent that
the advisory participation is not incompatible with their respective
positions as Members of the Legislature.
For purposes of this chapter the Members of the Legislature shall
constitute an interim investigation committee on the subject of this
chapter and as an interim investigating committee shall have the
powers and duties imposed upon interim investigating committees by
the Joint Rules of the Senate and the Assembly. The Director of
General Services shall provide any assistance to the committee that
it may require. The Attorney General shall be the legal adviser of
the committee.
17008. A fund is hereby created in the State Treasury to be known
as the State School Building Lease-Purchase Fund. All money in the
State School Building Lease-Purchase Fund, including any money
deposited in that fund from any source whatsoever, and
notwithstanding Section 13340 of the Government Code, is hereby
continuously appropriated for expenditure pursuant to this chapter.
The State Allocation Board may apportion funds to school districts
for the purposes of this chapter from funds transferred to the State
School Building Lease-Purchase Fund from any source.
17008.3. (a) The board may establish a revolving loan account
within the State School Building Lease-Purchase Fund, and may
allocate from the fund to that account those amounts it determines to
be necessary for the purposes of this section.
(b) The board may apportion to any school district that submits to
the board a statement of its intent to subsequently file a project
application under this chapter, a loan for the purpose of advance
planning and related administrative costs pursuant to the preparation
of that application. The loan amount shall not exceed 3 percent of
the estimated project cost, as determined pursuant to the building
cost standards established under this chapter.
(c) If, within a period of 24 months following the receipt of any
loan amounts under this section, the project for which those advance
planning funds were provided has not been found by the board to be
qualified for funding under this chapter, the board shall so notify
the Controller, who shall reduce the apportionments to which the
district is otherwise entitled under Section 42238 as necessary to
repay the amount of all loans provided under this section, over such
period of time as the board finds to be reasonable. The Controller
shall transfer the amount of all apportionment reductions imposed
under this subdivision to the revolving loan account established
under this section.
(d) The repayment of loan amounts received under this section by
school districts other than those described under subdivision (c)
shall be accomplished by the withholding, as determined by the
board, of apportionment funds that would be available to the district
for purposes of the project for which the district received funding
approval under this chapter.
17008.5. The board may approve projects and make apportionments
in amounts not exceeding those funds on deposit in the State School
Building Lease-Purchase Fund plus any amount of bonds authorized by
the State School Building Finance Committee but not yet sold by the
Treasurer.
Disbursements may be made under any apportionment made from any
funds in the State School Building Lease-Purchase Fund, irrespective
of whether there exists at the time of the disbursement a sufficient
amount in the State School Building Lease-Purchase Fund to permit
payment in full of all apportionments previously made. However, no
disbursement shall be made from any funds required by law to be
transferred to the General Fund.
17009. (a) The county superintendent of schools or county office
of education shall be eligible to receive any funds from the portion
of the proceeds of the sale of any state bonds that are set aside for
the construction, reconstruction, or modernization of, or deferred
maintenance on facilities to house special education pupils who are
defined as severely handicapped and eligible pursuant to Section
17047.
(b) Subdivision (a) is only applicable if the county
superintendent of schools or county office of education has filed
with the State Allocation Board a regionalized facility plan, as
developed and approved by the State Department of Education, that
covers the county or special education local planning agency area of
responsibility.
Article 2. Projects
17010. The board may construct any project, and may acquire all
property necessary therefor, on any terms and conditions as it may
deem advisable. When any part of the work is to be done or performed
by any public body or the United States jointly or in conjunction
with the board, the portion of the cost of the project to be borne by
the board may be turned over to the government of the United States
or to any other public body, to be expended by it in the acquisition,
construction or completion of the project.
17011. The board may use for the payment of the costs of
acquisition, construction or completion of any project any funds made
available to the board by the State of California or any other funds
provided by the board from any source, to be expended for
accomplishing the purposes set forth in this chapter, together with
the proceeds of bonds issued and sold pursuant to the State School
Building Lease-Purchase Bond Law of 1976.
17012. The board has full charge of the
acquisition, construction, completion, and control of all projects
authorized by them and may proceed with such work forthwith.
17013. Title to all property acquired, constructed, or improved
by the board and the revenues and income therefrom, is in the State
of California. All such property, and the income therefrom are
exempt from all taxation by the State of California or by any county,
city and county, city, district, political subdivision or public
corporation thereof.
17014. (a) The board shall require the school district to make
all necessary repairs, renewals, and replacements to ensure that a
project is at all times kept in good repair, working order, and
condition. All costs incurred for this purpose will be borne by the
school district.
(b) In order to ensure compliance with subdivision (a) and
encourage applicants to maintain all buildings under their control,
the board shall require the applicant to do all of the following
prior to the approval of a project:
(1) Establish a restricted account within the district's general
fund for the exclusive purpose of providing moneys for regular
maintenance and routine repair of school buildings, according the
highest priority to funding for the purpose set forth in subdivision
(a).
(2) Agree to deposit into the account established pursuant to
paragraph (1), in each fiscal year for the term of the lease
agreements of all projects constructed under this chapter, a minimum
amount equal to or greater than 2 percent of the applicant's General
Fund budget for that fiscal year. This paragraph is applicable only
to the following districts:
(A) High school districts with average daily attendance greater
than 300.
(B) Elementary school districts with average daily attendance
greater than 900.
(C) Unified school districts with average daily attendance greater
than 1,200.
17015. The board shall require the school district to insure
against public liability or property damage in connection with any
project.
17016. The board, by the adoption of rules, may establish
priorities for the construction and leasing of projects to those
school districts the pupils of which will benefit most. The board
may make exceptions from established priorities when it determines
that to do so will benefit the pupils affected.
17017. Each school district that desires to lease a project for a
grade level maintained by it, shall submit through its governing
board an application therefor to the board in the form and number of
copies that the board may prescribe. Immediately upon receipt of an
application in the prescribed form accompanied by the required
estimate of cost, a copy thereof shall be transmitted by the board to
the Director of General Services.
Each copy of the application shall be accompanied by a statement
of the estimated cost of the project certified by an architect or
structural engineer, and by layout plans showing the entire
construction project.
Before the board approves an application for a construction
project, it shall establish cost standards for all new construction
included therein. The cost standards shall not exceed typical
comparable new construction by school districts in the same area, or
if there has been no new construction by school districts in the
area, the cost standards shall not exceed the reasonable current cost
of similar construction in the area. The board shall determine such
typical current costs or such reasonable current costs. In applying
cost standards the board shall take into account the size and type
of the construction proposed and may make any deviations that in its
judgment are justified. When a standard has been set by the board to
cover any individual apportionment, no project shall be approved by
the board in excess of the standard, unless the board shall find that
in view of a subsequent increase in building costs an adjustment is
warranted. No contract shall be let for a construction project which
has been approved by the board if the cost exceeds the construction
cost standards fixed by the board under this section for the new
construction.
17017.1. (a) The West Contra Costa Unified School District shall
be ineligible for any state school facilities funding for a period of
five years from June 30, 1993, or until the date of the final
payment on its entire debt to the state, including both principal and
interest, whichever is later.
Notwithstanding the above, the school district may continue to
receive funding for deferred maintenance activities and for those
purposes specified in subdivision (b).
(b) The State Allocation Board shall approve funding for only
those Richmond Unified School District State School Building
Lease-Purchase Program projects which were approved for Phase II
apportionments on or before April 1, 1993. All West Contra Costa
Unified School District projects may be considered for funding by the
State Allocation Board either in five years or after the complete
repayment of the loan established under Section 41471, whichever is
later.
(c) In the event that the State Allocation Board approves the
replacement of the existing Belding Elementary School with funds
currently allocated for the modernization of the Harry Ells Middle
School and the Samuel Gompers Middle School, that approval shall be
considered allowable exemption under subdivision (b). Authority for
this exemption is repealed on November 1, 1993, if approval of Phase
III construction apportionment for the replacement of the existing
Belding Elementary School has not occurred.
In allowing for the possibility of this exemption, it is not the
intent of the Legislature to interfere in any way with the
decisionmaking authority and process of the State Allocation Board.
It is the intent of the Legislature that a proposal to replace the
existing Belding Elementary School with funds currently allocated to
the modernization of the Harry Ells Middle School and the Samuel
Gompers Middle School be submitted to the State Allocation Board
under its existing procedures and policies. The State Allocation
Board's decision shall be based on the merits of the proposal, not
this exemption authority. Specifically, this subdivision may not be
used as justification for approval of a project to replace the
Belding Elementary School.
(d) Any properties or facilities designated by the school district
to be used for other than school purposes to generate capital to
repay the outstanding debt shall be ineligible for deferred
maintenance funding. Should any facilities receive funding for those
purposes after the enactment of this legislation, and later be
declared available for purposes intended to repay the debt, the value
of state funding received for deferred maintenance at that facility
shall be deducted from ongoing or future deferred maintenance
projects in the district.
If no projects are available for offset of apportionments, the
value of the deferred maintenance performed will be added to the
outstanding loan balance.
17017.5. (a) The board may approve, in whole or in part, an
application submitted by a school district under Section 17017 or
17020 in an amount not exceeding the amount applied for as the board
may deem appropriate.
(b) The board may, upon approval of the application, in whole or
in part, and subsequently from time to time, make apportionments of
project funding not exceeding in the aggregate the total amount
determined by the board under subdivision (a) for the portion or
portions of the project for which the board determines the district
is ready to proceed. Subsequent to the board's approval of a
project, any requirement imposed by the board that the compliance of
the project with building cost or area standards and related
guidelines adopted by the board be established as a condition of the
apportionment of funds under this chapter shall be satisfied, as to a
project for a self-certifying district, by the certification by the
district of that compliance. In addition, the board shall not
require that estimates of average daily attendance be updated as to
that project more often than once every 12 months subsequent to the
board's approval of the project. The self-certifying district shall
maintain documentation of the compliance certified pursuant to this
subdivision as may be required by the board, and that compliance
shall be subject to subsequent audit as the board may direct.
(c) Whenever a district files an application, the board shall
require the district to submit to the board and the State Department
of Education a five-year plan for construction and rehabilitation of
school facilities, and to obtain the written approval of the
department that the plan complies with standards that are established
by the department for this purpose to ensure that the applicant
district has adequately anticipated its school facilities needs and
identified funding sources as necessary to meet those needs. The
plan may be adjusted to reflect adjusted growth targets.
(d) The board shall not approve any application under this chapter
after January 1, 1990, unless accompanied by a study examining the
feasibility of implementing in the district a year-round multitrack
educational program that is designed to increase pupil capacity in
the district or in overcrowded high school attendance areas by at
least 20 percent.
(e) The board may waive subdivision (d) or the requirements of
Section 17017.7, or both, if a school district demonstrates that
these requirements will result in a particular educational or
financial hardship to the district. Further, the board shall waive
subdivision (d), if it finds that there is clear hardship to a
district due to declining enrollment or no growth.
17017.6. Notwithstanding Section 17017.7, the definition of
"substantial enrollment" set forth in that section shall apply only
to elementary and unified school districts. For a high school
district, "substantial enrollment in multitrack year-round schools,"
for the purposes of Section 17017.7, means that at least 30 percent
of the pupils enrolled in the high school district are enrolled in
multitrack year-round schools, or that 40 percent of the pupils
enrolled in public school in kindergarten and grades 1 to 12,
inclusive, within the boundaries of the high school attendance area
for which the school district is applying for new facilities are
enrolled in multitrack year-round schools. In addition, a high
school district shall be deemed to have a substantial enrollment in
multitrack year-round schools for purposes of Section 17017.7 if, at
the option of the district, the entire high school to be constructed
is to operate on a multitrack year-round basis.
17017.7. (a) Notwithstanding any other provision of this chapter,
priority for the approval of project funding for new construction
under this chapter, shall be as follows:
(1) First priority for construction funds shall be given to school
districts with a substantial enrollment in multitrack year-round
schools requesting state funding for 50 percent of the cost of a
project that would be constructed to operate on a multitrack
year-round basis.
(2) Second priority shall be for school districts with a
substantial enrollment in multitrack year-round schools requesting
state funding for the entire cost of a project that would be
constructed to operate on a multitrack year-round basis.
(3) Third priority shall be for school districts without a
substantial enrollment in multitrack year-round schools requesting
state funding for 50 percent of the cost of a project to operate on a
multitrack year-round basis.
(4) Fourth priority shall be for school districts without a
substantial enrollment in multitrack year-round schools requesting
state funding for the entire cost of a project that would be
constructed to operate on a multitrack year-round basis.
(5) Fifth priority shall be for school districts with a
substantial enrollment in multitrack year-round schools requesting
state funding for 50 percent of the cost of a project that would not
operate on a multitrack year-round basis.
(6) Sixth priority shall be for school districts with a
substantial enrollment in multitrack year-round schools requesting
state funding for the entire cost of a project that would not operate
on a multitrack year-round basis.
(b) The board shall not restrict the availability of funding for
construction of multitrack year-round schools, from any funding
source available to the State School Building Lease-Purchase Fund,
but shall make approval of project funding for those projects the
first priority in accordance with this section.
(c) "Substantial enrollment," for the purposes of this section,
means enrollment of at least 30 percent of district pupils in
kindergarten and grades 1 to 6, inclusive, or 40 percent of pupils in
kindergarten and grades 1 to 12, inclusive, in the high school
attendance area for which the school district is applying for new
facilities. The calculation set forth in this subdivision, as to a
self-certifying district, shall be made by the district, in
accordance with any standards governing that calculation that are
adopted by the board. The calculation shall be certified by the
district to the board and used by the board for the purposes of this
section. The self-certifying district shall maintain documentation
of the calculation as may be required by the board, and the
calculation shall be subject to subsequent audit as the board may
direct. If a self-certifying district is found by the board to have
materially misrepresented its pupil enrollment pursuant to this
subdivision, the board may impose either or both of the penalties set
forth in paragraphs (1) and (2) of subdivision (b) of Section
17041.2, in accordance with that section.
(d) "Multitrack year-round school," for purposes of this section,
means a school for which the applicant district demonstrates that
both of the following criteria are satisfied:
(1) The pupils are divided into three or more groups or tracks,
which rotate attendance so that, for a majority of schooldays during
the school year, at least one group or track is not attending the
school while all other groups or tracks are in attendance.
(2) The operation of the school on a multitrack year-round basis
has resulted in an increase in enrollment capacity.
(e) Notwithstanding any other provision of this section, the State
Allocation Board may continue to implement any year-round school
priority provisions for hardships adopted prior to September 1, 1990.
17017.9. (a) Notwithstanding any other provision of law, a
project shall be accorded, subject to subdivision (b), the priority
status that otherwise is accorded under Section 17017.7 to a project
for which state funding is requested for only 50 percent of the cost,
if both of the following conditions are met:
(1) The applicant district documents to the satisfaction of the
board that it has incurred bonded indebtedness in an amount not less
than 95 percent of the bonding capacity of the district.
(2) The applicant district agrees that all of the following local
resources of the district existing on or after the date of the
district's first application for project funding pursuant to this
section shall apply toward the cost of projects for which the
district requests state funding pursuant to this chapter, not to
exceed 50 percent of the cost of any project:
(A) Any unexpended bonding capacity of the district.
(B) Funding that is made available to the district from local
sources expressly for school facilities purposes, including, but not
limited to, funding provided under Chapter 2.5 (commencing with
Section 53311) of Division 2 of Title 5 of the Government Code and
developer fees or other charges imposed pursuant to Section 17620, or
Title 7 (commencing with Section 65000) of the Government Code.
(b) An applicant district qualifying for the priority status
described in subdivision (a) as to any project shall continue to be
accorded that status for all subsequent projects under this chapter
until the time that the bonding capacity of the district determined
for purposes of that subdivision increases by 20 percent.
(c) The condition set forth in paragraph (2) of subdivision (a)
shall apply until either the applicant district's eligibility under
this section terminates pursuant to subdivision (b), or funding for
the district is approved and apportioned under this chapter for a
project for which 50 percent or more of the cost is provided by the
district from funding sources other than any state program
administered by the board, whichever occurs first.
(d) Notwithstanding any other provision of law, as to any project
for which priority status is accorded pursuant to subdivision (a),
the estimate of average daily attendance for the applicant district
may be calculated, upon request of the district, in the manner set
forth in subdivision (a) of Section 17040.3.
17018. In approving applications pursuant to this chapter, the
board shall encourage the design and construction of facilities which
will conserve unreplenishable energy resources by consideration of
alternate design and insulation concepts as well as unconventional
energy sources. In so doing, the board may increase cost allowances
to reflect the difference between conventional and unconventional
concepts when the board is satisfied that the life cycle cost of the
project is not expected to exceed the life cycle cost of a
conventionally designed project.
17018.5. (a) The Legislature intends for the board to encourage
school districts to utilize alternative methods to fund school
facilities.
(b) The board shall approve applications pursuant to the
requirements of this section that request the board to share a
portion of the cost of projects constructed pursuant to the
Mello-Roos Community Facilities Act of 1982, as set forth by Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title
5 of the Government Code. The board shall disregard the fact that
structures have been constructed in accordance with that act, and
neither consider nor approve any application for cost sharing until
the time that the applicant school district would have become
eligible for approval of its application during the normal process
established for considering and approving applications.
(c) The board shall approve applications for cost sharing based on
both of the following factors:
(1) Estimates of average daily attendance at the time the
application is considered.
(2) The amount of cost sharing requested.
(d) The costs shared by the board shall be an amount equal to the
cost that would have been allowed for the project had it been
originally approved pursuant to this chapter less 5 percent per year
depreciation, exclusive of land, for each year that the project was
constructed in advance of the application approval, but no more than
the lesser of an amount equal to 75 percent of the allowable cost of
the project or the principal amount of any outstanding callable bonds
and other debts incurred to finance the project under the Mello-Roos
Community Facilities Act of 1982.
(e) If the board utilizes a point system to prioritize
applications for funding, the computation of priorities for an
application pursuant to this section shall be increased by 4 percent
for each year from the date of construction of the project to the
date of approval of the cost-sharing application.
17019. Before the board approves any project that includes the
acquisition of furniture or equipment, it shall establish current
cost and quality standards for furniture and equipment, including,
but not limited to, educational technology hardware. The standards
shall not exceed the cost and quality of furniture and equipment for
comparable facilities purchased by school districts in the same area.
The standards shall consist of furniture and equipment costs for
each type of classroom or pupil station having different cost
criteria. The standards shall be reviewed quarterly by the board and
adjustments made in accordance with actual current costs. When cost
and quality standards have been adopted by the board, the standards
shall not be exceeded unless a subsequent increase in actual current
costs warrants an adjustment.
Before the board approves a project for the replacement,
reconstruction, or alteration of, or addition to, a school building,
full consideration shall be given to all usable furniture and
equipment existing in the applicant district. The board may approve
all or a portion of the amount applied for.
17019.3. (a) Any applicant school district may contract with a
firm, as defined in Section 4525 of the Government Code, for
construction project management services to assist in the development
or implementation of a project for which the district has applied
for funding under this chapter, subject to the requirement that a
performance bond be required from all building contractors hired to
construct the project in order to ensure the completion of
performance under the contract.
(b) That portion of any contract, as described in subdivision
(a), concerning the final phase of construction of the project, shall
be submitted by the applicant district to the board for approval.
If the board does not approve, reject, or recommend modifications to,
that contract portion within 15 business days after receiving that
contract information, that portion of the contract shall be deemed to
be approved by the board.
(c) From the amount of funding approved by the board under this
chapter for any project, the board shall authorize the expenditure of
funds for the costs of construction project management services
provided to the project, as described in subdivision (a), where the
board finds that the contracting for those services was necessary and
appropriate to the school district's development or implementation
of that project.
17019.5. For a school district having an average daily attendance
of 2,500 or less for the prior fiscal year, the board may approve,
subject to the building cost standards established under this
chapter, a supplemental apportionment up to five thousand five
hundred dollars ($5,500) for any new construction project, and up to
one thousand three hundred twenty dollars ($1,320) for any other
project approved under this chapter, as reimbursement for
administrative expenses incurred by the district in filing the
application for the project. The amount of the supplemental
apportionments shall be adjusted in 1990, and every two years
thereafter, by the board at its January meeting, which adjustment
shall be in an amount equal to the amount of the adjustment for
inflation set forth in the statewide cost index for class D
construction.
17020. (a) Notwithstanding other provisions of this chapter, in
order to expedite a total school facility a school district may first
apply for a project which includes only the advance purchase of the
land and preparation of plans and specifications. The acquisition of
the site and the plans preparation shall be based on the
justification documents for the total school facility. The school
district may apply for a subsequent project or projects to complete
the total school facility.
(b) Any application filed pursuant to this section shall be
subject to all provisions of this chapter generally applicable to
project applications, to the extent not in conflict with this
section.
(c) Any estimate of average daily attendance made by an applicant
district for the purpose of justifying an application pursuant to
this section may be made for up to and including two years longer
than the period of time permitted by Section 17040.
(d) Beginning in the fifth fiscal year following the fiscal year
in which any apportionment is made to a school district pursuant to
this section, the district shall repay the apportionment, with
interest, in 10 equal annual installments, unless and until the
district has qualified for an apportionment pursuant to an
application for utilization of the site under this chapter. These
repayments shall constitute rent, and shall be in addition to any
other rents or fees for which the district is obligated under Section
17032. The board may waive any obligation of repayment under this
subdivision to the extent that the board finds that the obligation
will result in an extreme hardship upon the district.
(e) The school district may apply for a subsequent project or
projects to complete the total school facility.
17021. No project shall be approved for the reconstruction,
modernization, or replacement of any school building that was
constructed or reconstructed less than 30 years, or, in the case of
any portable classroom, as defined in subdivision (e) of Section
17042.5, less than 20 years, prior to the date of approval of the
project applied for under this chapter.
17021.3. (a) For purposes of this chapter, "modernization" or
"renovation" means any modification of an existing structure, the
costs of which do not exceed 25 percent of the replacement cost of
that structure.
(b) No project shall be approved for the modernization of any
school facility unless and until both of the following are
demonstrated to the satisfaction of the board:
(1) The project will enhance the capacity of the facility to
achieve one or more educational purposes.
(2) The resulting pupil capacity of the facility, as measured in
units of average daily attendance, will equal or exceed 80 percent of
the facility's maximum capacity as determined under the board
standards established under this chapter.
(c) No project shall be approved for the modernization of any
school facility that was constructed less than 30 years prior to the
date of the approval of the project applied for under this chapter.
(d) The State Allocation Board may waive the requirement in
subdivision (c) if the building has been declared by the office of
the State Architect to be, or is in imminent danger of becoming, a
health or safety hazard to the pupils. This determination may only
be made in the case of a natural disaster, for example, fire, flood,
or earthquakes, or as a result of a determination by a qualified
engineer, and agreed to in writing by the office of the State
Architect.
17021.4. Notwithstanding the limitation set forth in subdivision
(a) of Section 17021.3, the costs of a modernization or renovation
project funded under this chapter may exceed 25 percent of the
replacement cost of an existing structure where the costs in excess
of that amount are funded
by the district exclusively from sources other than any state program
administered by the board. For each project, the total costs of the
modernization or renovation project, as supplemented pursuant to
this section, may not exceed 50 percent of the replacement cost of
the existing structure except to the extent of those costs funded by
the district, from sources other than any state program administered
by the board, that are expended to conform that structure to current
building standards, in which event the total costs of the project may
not exceed 75 percent of the replacement cost of the structure.
17022. Except as provided in Section 17041, the board shall not
approve any new school facilities for any applicant school district
or county superintendent of schools until it first has made a
determination that the applicant will utilize all existing facilities
and sites to the extent economically and practically feasible. The
board may also require the applicant to explore cooperative efforts
with adjacent districts or, in the case of county superintendents of
schools, with adjacent county superintendents of schools, in order
that all existing or planned facilities in the general area of need
shall be utilized.
17022.7. (a) The funding for any reconstruction project approved
by the board pursuant to this chapter that meets the requirements set
forth in subdivision (b) shall include all of the following, not to
exceed the total cost of the reconstruction project or 75 percent of
the replacement cost of the facility to be reconstructed, whichever
is less:
(1) Twenty-five percent of the replacement cost of the facility.
(2) A funding entitlement to the extent that the reconstruction
will result in an increased capacity of the facility to house pupils,
calculated pursuant to the cost standards for new construction
established by the board under Section 17017.
(3) Any costs incurred by the district as required to ensure that
the facility, as reconstructed, complies with applicable structural
safety standards for school buildings pursuant to Article 3
(commencing with Section 17280) and Article 6 (commencing with
Section 17365) of Chapter 2 of Part 10.5, and Article 7 (commencing
with Section 81130) and Article 8 (commencing with Section 81160) of
Chapter 1 of Part 49.
(b) In order to qualify for the funding entitlement set forth in
subdivision (a), a school district reconstruction project shall be
required to meet all of the following conditions:
(1) The facility to be reconstructed is at least 30 years old as
of the date the application is filed.
(2) The cost of the reconstruction project exceeds 25 percent of
the replacement cost of the facility.
(3) The reconstruction will result in an increased capacity of the
facility to house pupils.
(c) No reconstruction project shall be approved under this chapter
for which the total cost exceeds 75 percent of the replacement cost
of the facility to be reconstructed.
17023. Nothing contained in this chapter shall be construed as
changing the powers and duties of the Department of Education or the
Department of General Services in respect to schoolsites and the
construction of school buildings as contained in Chapter 1
(commencing with Section 17211) and Chapter 2 (commencing with
Section 17251) of Part 10.5.
17024. (a) The board shall not authorize the selection of any
school site, or a contract for the construction of any new school
building, or for any addition to, or alteration of, any existing
building, for lease-purchase to any school district, unless the
applicant district has obtained the written approval of the State
Department of Education that the site selection, and the building
plans and specifications, comply with the standards adopted by the
department pursuant to subdivisions (b) and (c), respectively, of
Section 17251.
(b) A self-certifying district shall comply with subdivision (a)
by certifying to the State Department of Education and the board that
the site selection, and the building plans and specifications,
comply with the standards adopted by the department pursuant to
subdivisions (b) and (c), respectively, of Section 17251. The
self-certifying district shall maintain documentation of the
determinations made pursuant to this subdivision as required by the
board. Those determinations shall be subject to subsequent audit by
the State Department of Education in accordance with this section.
(c) The State Department of Education shall conduct random audits
of the information certified by self-certifying districts pursuant to
subdivision (b), using generally accepted auditing principles, at
any time to ensure compliance with the law.
(d) If any information certified by a self-certifying district
pursuant to subdivision (b) is found by the department to contain any
material inaccuracy, the department shall so notify the board. The
board shall thereupon impose both of the following penalties:
(1) Pursuant to a repayment schedule approved by the board of no
more than five years, the district shall repay to the board, for
deposit in the State School Building Lease-Purchase Fund, an amount
equal to the amount of project funding allocated under this chapter
to acquire any site that was selected in material violation of the
standards adopted by the department pursuant to subdivision (b) of
Section 17251, together with interest at the rate paid on moneys in
the Pooled Money Investment Account or at the highest rate of
interest for the most recent issue of state general obligation bonds
as established pursuant to Chapter 4 (commencing with Section 16720)
of Part 3 of Division 4 of Title 2 of the Government Code, whichever
is greater. The amount of any repayment owing under this paragraph
for any fiscal year, which is not repaid otherwise by the district,
shall be withheld by the board from any project funding that
otherwise would be allocated to that district under this chapter in
that fiscal year. As to any repayment obligation remaining for that
fiscal year, the board shall notify the Superintendent of Public
Instruction, who shall withhold the amount of that remaining
obligation from the apportionments to be made to the district from
the State School Fund in that fiscal year.
(2) The board shall prohibit the district from exercising the
self-certifying authority under subdivision (b) under any subsequent
applications for project funding for a period of up to five years
following the date of the finding of a material inaccuracy, or until
the district's repayment of the entire amount owing under paragraph
(1), whichever occurs later.
(e) Any school district against which the board imposed the
penalties under paragraphs (1) and (2) of subdivision (d) may submit
for binding determination by an arbitrator the issue of whether the
penalties imposed are disproportionate to the inaccuracy certified by
the district. Except as otherwise provided by this chapter, the
procedure governing the arbitration shall be as set forth in Title 9
(commencing with Section 1280) of Part 3 of the Code of Civil
Procedure.
(f) It is the intent of the Legislature that audits as described
in this section not interfere with the application and construction
process under this chapter unless one or more violations are
discovered.
17024.5. Upon request of any school district, the State
Department of Education shall provide assistance in the evaluation
and utilization of existing school facilities and the justification
of the need for schoolsites, new facilities, and the rehabilitation
or replacement of existing facilities, in accordance with board
regulations.
17025. (a) The board shall not authorize a contract for the
construction of any new school, or for the addition to, or
reconstruction or alteration of, any existing building, for
lease-purchase to any school district unless the applicant district
has submitted plans therefor to the Department of General Services
and obtained the written approval of the department pursuant to
Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5.
(b) The board, or the self-certifying district, as applicable,
shall certify the compliance of a project with Sections 17212,
17212.5, and 17213, with Division 13 (commencing with Section 21000)
of the Public Resources Code, and with any other law that applies to
that project, but may require documentation of compliance only as to
requirements that are applicable under this chapter. Notwithstanding
any other law, for purposes of Division 13 (commencing with Section
21000) of the Public Resources Code, the applicant district shall be
deemed to be the "lead agency" with regard to any project funded for
that district under this chapter.
17029. (a) The board shall authorize the applicant school
district to act as its agent in the performance of acts specifically
approved by the board and all acts required pursuant to Article 3
(commencing with Section 17280) of Chapter 3 of Part 10.5. That
authorization shall include, but is not limited to, the selection of
schoolsites, the securing of appraisals, the contracting for
architectural services, the advertisement for construction bids and
the entering into of contracts therefor and the purchase of furniture
and equipment.
(b) If, pursuant to the authority granted under subdivision (a), a
self-certifying district submits to the board two or more
independent appraisals and certifies to the board that the appraisals
were performed by appraisers licensed or certified in accordance
with Part 3 (commencing with Section 11300) of Division 4 of the
Business and Professions Code and were obtained in accordance with
standards and procedures imposed by the board for that purpose, the
district shall not be required to document its compliance with those
standards and procedures except as specified in Section 17041.2. In
addition, the board shall use any of those appraisals, including an
appraisal that is not the highest bid appraisal, for the purposes of
this section, except that the board may substitute, for the results
of those appraisals, the results of one or more independent
appraisals, which may include an appraisal performed by the
Department of General Services, obtained by the board for that
purpose.
(c) If, pursuant to the authority granted under subdivision (a),
any bid reported to the board by a self-certifying district as the
lowest responsible bid for a construction contract does not exceed
the cost limit established by the board for that purpose, and the
district certifies to the board that the bid was obtained in
accordance with standards and procedures imposed by the board for
that purpose, the district shall not be required to document its
compliance with those standards and procedures except as specified in
Section 17041.2.
17029.5. Notwithstanding any other provisions of this chapter,
the funding by the board of contracts entered into by a school
district pursuant to this chapter shall not, in itself, make the
board liable for any tort, breach of contract, or any other action
for damages caused by a school district arising from those contracts.
These contracts include, but are not limited to, contracts between
the school district and its construction contractors, construction
managers, architects, or engineers. The school district shall be
liable for all torts, breaches of contract, or any other actions for
damages caused by the school district.
17030. (a) In expending funds for any project under this chapter,
a school district acts as an agent of the state and all sites
purchased and improved, all equipment purchased, and all buildings
constructed, altered or added to through the expenditure of funds
apportioned under this chapter, are declared to be, and are, the
property of the state.
(b) The Director of General Services shall file with the county
recorder of the county in which any site purchased or improved
through the expenditure of funds under this chapter is located a
certificate, properly acknowledged, indicating the state's interest
in real property of the district by virtue of this section, without
the necessity of particularizing the real property. The recorder
shall record and index the certificate in the same manner as
abstracts of judgments and the certificate shall constitute
constructive notice of the state's interest in the particular real
property affected. The certificate shall, as to any party thereafter
acquiring real property or any interest therein in the county from
the school district, have the same force, effect and priority as if
it had been a judgment lien imposed upon real property which was not
exempt from execution. That effect shall commence upon recordation
and shall continue until the certificate is discharged or released as
provided herein.
(c) Upon request, the Director of General Services shall issue
either of the following:
(1) A release of the state's interest in any real property or a
portion thereof that the district has been authorized by the board to
dispose of under Section 17039, provided that delivery of such
release may be subject to such conditions as may be prescribed by the
board to protect the state's interest.
(2) A disclaimer of the state's interest in any real property or a
portion thereof of the district, the disposition of which the board
is not required to consent to under the terms of Section 17039,
provided that the delivery of such disclaimer may be subject to such
conditions as the board deems appropriate to protect the interest of
the state, including conditions relating to the amount of
consideration to be received from the disposition where the board
asserts an interest in the proceeds of such disposition under other
provisions of this chapter. The release or disclaimer shall
conclusively protect any third party relying upon the same and shall
be acknowledged to permit recordation by the county recorder.
(d) Upon payment by the district of all amounts required to be
paid by it, or on its behalf, to the state under this chapter, each
of the following shall occur:
(1) The Director of General Services shall file with the county
recorder a release of any certificate, which release shall be
recorded and indexed in the same index as the certificate.
(2) The title to personal property purchased by the school
district with funds apportioned under this chapter shall revert
thereto without further action by the state.
17030.2. Notwithstanding any other provision to the contrary, all
lease agreements shall terminate 40 years from the date of execution
and title to the property covered therein shall revert to the
district as though full payment had been made.
17030.3. Notwithstanding any other provision of this chapter, any
project funded under this chapter that involves only the
identification, assessment, or abatement of hazardous asbestos in
school facilities shall not be subject to Section 17014 or 17032, nor
shall that funding cause the transfer to the state of title or any
other property interest in the subject facilities.
17030.5. Notwithstanding any provision to the contrary, no funds
authorized by any act for the purpose of this chapter may be expended
for any purpose without specific authorization from the board or its
designated representatives.
17030.6. From any moneys in the State School Building
Lease-Purchase Fund, the board shall make available to the Director
of General Services such amounts as it determines necessary to
provide the assistance, pursuant to this chapter, required by Section
15504 of the Government Code.
17031. The applicant district, acting as agent for the state,
shall comply with all laws pertaining to the construction,
reconstruction, or alteration of, or addition to school buildings.
17032. The board shall fix rents for all projects acquired and
may change the rents from time to time as may be needed provided the
rents shall not in any year exceed the sum of the following:
(a) One dollar ($1).
(b) Any interest earned on funds in the county school
lease-purchase fund for the district.
(c) Any unencumbered bond funds of the district, exclusive of
funds that are used by the district to fund a project pursuant to
Section 17040.2.
(d) The net proceeds from the sale or lease of any school
buildings or land no longer needed for school purposes, exclusive of
proceeds that are used for capital outlay expenditures for school
construction that conforms to building area standards established
under this chapter, for revenue purposes under a joint venture as
authorized by Section 17032.3.
17032.3. (a) Any school district for which one or more projects
has been funded under this chapter may, pursuant to written agreement
with any other public or private person or entity, utilize any
school buildings, land, or other real property interest that the
governing board determines is not needed for school purposes, and
will not be needed for school purposes within the next 30 years, in a
joint venture with that person or entity to generate revenues for
school facilities purposes, pursuant to the following conditions:
(1) The district has developed a school district asset utilization
plan, setting forth the information required under subdivision (b),
which plan has been the subject of a public hearing, and the
governing board of the district has made the finding that the
implementation of the plan will benefit the district.
(2) Prior to the execution by the school district governing board
of any agreement regarding the utilization of the school buildings or
land, or both, under a joint venture pursuant to this section, the
school district asset utilization plan has been submitted for, and
has received, the review and approval of the State Allocation Board.
No later than 90 days after the receipt of the plan, the board shall
determine whether to approve the plan, which approval shall be
granted if the board finds the plan to comply with this section.
(3) Once every three years after the approval of any plan pursuant
to paragraph (2), the school district shall update the plan with
information regarding the disposition of the revenues received by the
district from the utilization of the school buildings or land, or
both, under the joint venture, including the effect of those revenues
upon the school facility needs for which the district may otherwise
be eligible under this chapter or under any other school facilities
program administered by the board, together with such other
information as the board may require, and shall resubmit the plan to
the board for its review and approval. In the event that the board
refuses to approve the plan on the basis that the district is no
longer in substantial compliance with this section, the surplus
school buildings or land, or both, utilized under the joint venture
shall no longer be exempt from the rental requirements of Section
17032.
(4) Pursuant to a school district asset utilization plan approved
under this section, the school district may utilize school buildings
or land, or both, in a joint venture, the revenues from which shall
be placed by the district in a separate fund. The principal and
interest from that separate fund may be expended by the district only
for the following school facilities purposes, as authorized under
the approved plan, in accordance with the pupil loading and cost
standards established pursuant to this chapter: the acquisition of
land, new construction, reconstruction, modernization,
rehabilitation, and deferred maintenance.
(b) For purposes of this section, a school district asset
utilization plan shall include, but not necessarily be limited to,
all of the following:
(1) A specific description of the surplus school buildings or
land, or both, to be utilized under the joint venture.
(2) The identification of the current educational uses of the
surplus school buildings or land, or both, and of the educational
uses proposed under the joint venture.
(3) The identification of the current noneducational uses of the
surplus school buildings or land, or both, and of the noneducational
uses proposed under the joint venture, and a specific assessment of
the compatibility of those uses with any applicable general or
specific governmental land use plans and with applicable zoning
restrictions.
(4) A description of the prospective economic benefits to be
derived by the district from the joint venture.
(5) A description of the prospective educational benefits to be
derived by the district from the joint venture.
(6) A comprehensive description of the joint venture, including,
but not limited to, a description of the intended means of financing
the joint venture.
(7) A plan for the disposition of the revenues received by the
district from the joint venture.
17033. Rent, charges, and fees collected in error may be refunded
by the board in accordance with regulations prescribed by the board.
17034. A county school lease-purchase fund is hereby created in
the county treasury within each county for each school district
project in the county.
17035. The board may from time to time authorize the Controller
to transfer any funds that the board may deem necessary from the
State School Building Lease-Purchase Fund established for a given
project to the corresponding county school lease-purchase fund in the
county treasury.
17036. (a) Except as provided in subdivision (b), funds may be
expended from the county school lease-purchase fund by the applicant
school district only when specifically authorized by the board for
either direct project costs or reimbursements.
(b) Upon specific authorization by the board, applicant school
districts may be reimbursed from the county school lease-purchase
fund for expenditures, or commitments therefor, made prior to the
approval of a project by the board, subject to all of the following
conditions:
(1) The expenditures or commitments were made in accordance with
the terms of the approval of a project.
(2) The expenditures or commitments were made not more than four
years prior to the approval of a project.
(3) The expenditures or commitments do not include any cost
incurred for construction of a project.
17038. The board shall require school districts to insure at
their own expense for the benefit of the state, all sites, equipment
and buildings which are, under Section 17030, the property of the
state, against such risks and in such amounts as the board may deem
necessary to protect the interests of the state. No project funds
shall be used to pay the premiums on such insurance. All payments
resulting from claims made against said insurance shall be made
payable to and retained by the board. Funds so received shall be
utilized by the board for repair or replacement of the facilities for
which claim was made. In no event may the amounts expended from
such funds for such repair or replacement exceed the payments
received.
17039. (a) Not more than one hundred fifty million dollars
($150,000,000) of the moneys authorized by the State School Building
Lease-Purchase Bond Law of 1982 (Sec. 34, Ch. 552, Stats. 1995) shall
be reserved for the reconstruction or modernization of facilities
within the meaning of this chapter.
(b) For purposes of this section, the State Allocation Board shall
establish a separate priority system which shall be based on the
following factors and any other factors which the board determines
are appropriate:
(1) Structural condition and age of the building.
(2) Percentage of pupils affected in the district or attendance
area.
(3) Degree of utilization of eligible buildings.
(4) Other building code deficiencies, such as health, safety, or
electrical problems.
17039.1. Not more than two hundred million dollars ($200,000,000)
of the moneys authorized by the State School Building Lease-Purchase
Bond Law of 1982 (Sec. 34, Ch. 552, Stats. 1995) shall be reserved
for the reconstruction or modernization of facilities within the
meaning of this chapter.
17039.2. Of the moneys reserved for the rehabilitation or
modernization of facilities pursuant to Section 17039.1, the board
may reserve not more than twenty-five million dollars ($25,000,000)
for apportionments to school districts that the board has determined
to be in severe need of the apportionment. In addition, of the
moneys reserved for the reconstruction or modernization of facilities
pursuant to Section 17696.96 of the Greene-Hughes School Building
Lease-Purchase Bond Law of 1986 (Sec. 34, Ch. 552, Stats. 1995), the
board may reserve up to and including 10 percent for this purpose.
In either event, the apportionment shall be for purposes of site
acquisition and the construction of school facilities for schoolsites
that meet one or more of the conditions established by the board,
which shall include, but are not limited to, the following:
(a) The schoolsite is not less than 30 years of age.
(b) The schoolsite has accommodated a significant increase in
enrollment during the last 10-year period.
(c) Enrollment increases have been accommodated by placing
relocatable structures on the schoolsite without expanding the
schoolsite.
(d) The schoolsite has inadequate playground space for its
enrollment.
(e) The schoolsite has inadequate meal facilities, and those
facilities are used for more than three times the number of pupils
for which the facilities were originally designed.
Article 3. Allowances
17040. Except as provided in Section 17041, no project shall be
approved, the building area of which, when added to the area of
adequate school construction existing in the applicant school
district at the time of application, will provide a total area of
school building construction per unit of estimated average daily
attendance in excess of that computed in accordance with Sections
17043, 17044, 17045, and 17046.
As used in Sections 17041.5, 17043, 17044, 17045, and 17046,
"maximum area" means maximum area of school building construction and
"attendance unit" means unit of estimated average daily attendance.
As used in this section and Sections 17045 and 17046, "attendance
center" means a school maintained or to be maintained at a given
location within a district. Enrollment projections shall be made for
the third fiscal year beyond the fiscal year in which the
application is made for a project for kindergarten or any of grades 1
to 6, inclusive, and for the fourth fiscal year beyond the fiscal
year in which the application is made for a junior high school or
high school project. Except as otherwise provided by
the board, the estimates of average
daily attendance shall be based upon the number of family dwellings
and mobilehome parks, as defined in Section 18214 of the Health and
Safety Code, under construction or newly constructed and never
occupied in the district and the number of children residing in the
district. In no case shall an estimate be given effect unless
approved by the board.
For the purposes of this chapter, pupils attending grades 7 and 8
in an elementary district, but residing in a high school district
that maintains one or more junior high schools, shall not be
considered in determining or estimating the average daily attendance
of the elementary district, unless one of the following conditions is
met:
(a) The elementary district is maintaining and has continuously
maintained grades 7 and 8 since a date prior to January 1, 1975.
(b) The elementary district, by a vote of the electorate at an
election held on June 2, 1981, withdrew its 7th and 8th grade pupils
from the high school district.
(c) The elementary district, by a vote of the electorate at an
election held on November 4, 1980, withdrew its 7th and 8th grade
pupils from the high school district and the high school district
continues to qualify for a project, other than a project pursuant to
Section 17041, on the basis of the remaining 7th and 8th grade
pupils. In no event shall a facility be constructed for the
withdrawn 7th and 8th grade pupils at a distance less than one and
one-half miles from the nearest proposed or existing junior high
facility.
When these pupils are so considered in determining or estimating
the average daily attendance of the elementary district, they shall
not be considered in determining or estimating average daily
attendance of the high school district for junior high school
purposes.
17040.1. (a) The allowable building area of any project, as
calculated under this article, may be increased by any applicant
school district, where the increase is funded exclusively from
sources other than any state programs administered by the State
Allocation Board. Any increase in building area pursuant to this
section in a project for which construction commenced on or after
January 1, 1987, not to exceed 110 percent of the area that would be
allowed under applicable state standards, shall be excluded from the
calculation of the area of adequate school construction for the
purposes of all subsequent project applications by the district under
this chapter.
(b) The maximum building cost permitted for any project under this
article may be increased, by not more than 10 percent, by any
applicant school district, where the increase is funded by the
district exclusively from the proceeds of a general obligation bond
measure approved by the voters of the district or of a special tax
pursuant to the formation of a community facilities district under
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5 of the Government Code, or both. In order to qualify for
this purpose, any tax or other charge authorized pursuant to that
approval or formation, respectively, shall apply uniformly to all
taxpayers or all real property within the school district, rather
than to a particular class of property or taxpayers, and shall
require that the amount of the school facilities fee or other
requirement that may be levied by the school district pursuant to
Section 17620, in addition to that tax or other charge, not exceed
the amount deemed by the governing board to be necessary for the
interim school facilities needs of the district.
17040.2. Where 75 percent or more of the total cost of a project
approved under this chapter is to be funded by the applicant district
from sources other than any state program administered by the board,
the area of the allowable new building construction for that
project, and the amount of the building cost allowed for that project
under this chapter, shall each be increased by 5 percent, plus 1
percent for each 1 percent by which that local contribution exceeds
75 percent.
17040.3. (a) Notwithstanding any other provision of this part,
the estimate of average daily attendance for an applicant school
district shall be calculated for up to and including two years longer
than the period of time permitted by Section 17040, as requested by
the district, where 50 percent or more of the cost of the project is
provided by the district from funding sources other than any state
program administered by the board. For the purposes of any
subsequent project application from that district based upon
additional growth in pupil enrollment, the estimate of average daily
attendance shall be based on enrollment projections for any period of
time, as requested by the district, up to and including that
permitted by Section 17040.
(b) The project shall be "fast tracked." For purposes of this
section, "fast tracking" means that the total amount of project
funding eligibility shall be established upon the board's approval of
the project, which shall be subsequently disbursed as necessary for
the development and construction of the project without the
prerequisite of any additional state certification or other
state-conducted review of project eligibility. Based upon the
results of an audit to be conducted upon completion of the project,
the board or the applicant district, as appropriate, shall pay to the
other any amount that is necessary to conform to the allocation of
project costs determined upon the board's approval of the project.
In the event that the applicant district has not executed all
contractual agreements necessary for the complete construction of the
project within a period of 18 months following the board's approval
of the project, this subdivision shall cease to apply to the project
with regard to any state funding of the project not yet disbursed.
Upon request of the applicant district and approval by the board,
this 18-month period may be extended for an additional period of up
to six months to account for one or more delays resulting from
circumstances beyond the district's control.
17040.4. Notwithstanding any other provision of this part, the
board may use, for purposes of determining the estimate of average
daily attendance for an applicant school district, a master plan that
has been prepared by a district that includes the additional pupils
due to increases in housing units within the boundaries of the
district or attendance area. Before a master plan may be used, both
of the following conditions shall be satisfied:
(a) The city, county, or city and county has obtained approval of
a local general obligation bond or has obtained funds pursuant to the
Mello-Roos Community Facilities Act of 1982, as set forth by Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title
5 of the Government Code, to provide local matching funds for school
facility projects for which approval is being sought pursuant to
this section.
(b) At least 60 percent of the total cost of the project for which
approval is being sought shall be provided by funding sources other
than any state program administered by the board.
17040.5. Notwithstanding any other provision of this article, the
board shall exclude the area of enclosed stairs and appropriate
landings for each floor level served from the computation of the
allowable building area of multistory buildings for any applicant
school district.
17040.6. (a) For any school of two or more stories, the project
funding provided under this chapter shall include, at the request of
the applicant district, the costs of any or all of the following:
(1) Compliance with applicable requirements of law for fire
safety, and for handicapped access, as a result of the multistory
design.
(2) Playground apparatus.
(3) Duct shafts, utility tunnels, and pipe conduit chases.
(4) Security items required as a result of the multistory design.
(b) In calculating the maximum project funding that may be
allocated for parking, landscaping, and other general schoolsite
improvements, which calculation is determined in proportion to the
total building cost or area approved for funding under the project,
the total building cost or area approved for funding under the
project shall be computed by the board to include any increase in
project building area, as authorized under Section 17041.8. The
applicant district shall provide the board information on how the
supplemental project funding will be allocated to relieve the effects
resulting from less than the specified land area for the schoolsite.
(c) This section shall apply to any application for project
funding under this chapter for which the final apportionment for
construction of the project had not been made on or prior to December
1, 1987.
(d) For any project approved under this chapter, the amount of
project funding granted by the board shall include the actual and
reasonable costs incurred by any applicant district for the revision
of its project application for the purpose of qualifying for
supplemental project funding as authorized by this section.
17040.7. Notwithstanding any other provision of this article, the
board shall provide that building area for enclosed hallways in the
second or higher story of any building shall be counted as two-thirds
of the actual area. For purposes of this section "enclosed hallways"
includes, but is not limited to, all of the following:
(a) Covered passages, arcades, shelters, porches, and planting
areas.
(b) Enclosed covered areas that provide shelter between buildings
that are 20 feet or more apart.
(c) Sun control devices designed and located to function in lieu
of covered walks or other shelters.
(d) Mezzanines used for storage purposes.
17040.8. Where an applicant district that is eligible under this
chapter for project funding of new construction of school facilities
on an existing schoolsite, which site has less than 50 percent of the
land recommended under State Department of Education guidelines, as
published in the School Site Analysis and Development Handbook in
effect on January 1, 1987, the area of allowable new building
construction for that project shall be increased by the square
footage of any existing one-story school facility or facilities to be
replaced under the project by one or more multistory school
facilities.
17040.9. (a) (1) The board shall allocate the amount calculated
under subdivision (b), in addition to any other project funding
authorized under this chapter, to each project funded under this
chapter for which the resulting pupil density will exceed the
following:
(A) For a project for kindergarten or any of the grades 1 to 6,
inclusive, 90 pupils per acre.
(B) For a project for a junior high school project, 80 pupils per
acre.
(C) For a project for a senior high school project, 70 pupils per
acre.
(2) For any new construction project, pupil density shall be
computed, for purposes of paragraph (1), by dividing the number of
units of estimated average daily attendance for the project,
including those to be served by relocatable structures, by the
acreage of the project site.
(3) For any project for the construction of additional facility
space on an existing schoolsite or on land acquired that is adjacent
to an existing schoolsite, pupil density shall be computed, for
purposes of paragraph (1), by adding the number of units of estimated
average daily attendance for the project to the number of units of
average daily attendance for the existing school facilities, and
dividing that sum by the total site acreage for the project and the
existing school facilities.
(b) The supplemental project funding authorized under this section
shall be calculated by dividing the actual pupil density for the
project, as calculated under subdivision (a), by the threshold pupil
density for the project as set forth in that subdivision, and
multiplying the resulting fraction by an amount equal to the average
cost per acre of the land approved for acquisition by the board under
this chapter for the project, or that would have been approved for
acquisition if the applicant school district had not had an existing
school site available for the project.
17041. Whenever the area of adequate school construction existing
in any attendance area is such as to prevent another attendance area
from receiving the maximum area of school construction for each unit
of attendance as specified for the district as a whole, the
allowable building area may be computed separately for each
attendance area. For the purposes of this section and Section
17041.5, an "attendance area" is defined as the geographical area
serving an existing or proposed high school and those junior high
schools and elementary schools included therein.
17041.1. (a) Notwithstanding any other provision of this chapter,
the following determinations shall be made by a self-certifying
district, in the manner specified in this chapter and in accordance
with the standards governing those determinations that are adopted by
the board, for the purpose of calculating the district's eligibility
for project funding under this chapter:
(1) The total allowable building area for which the district is
eligible for project funding under this chapter.
(2) The district's area of existing adequate school construction,
including, but not limited to, the conducting of field inspections
for this purpose.
If requested by the applicant district, the board shall provide
assistance to the district in preparing the necessary documents for
self-certification pursuant to this chapter.
(b) The area determinations made by a self-certifying district
pursuant to subdivision (a) shall be certified by the district in its
application for project funding and shall be used by the board as
the basis for project funding eligibility, except to the extent of
any information that the board finds is demonstrated, pursuant to the
information certified and any other documentation available to the
board from prior project funding applications for that district, to
be materially inaccurate, regardless of whether the inaccuracy was
intended. No later than 30 calendar days after receipt of the
determinations certified pursuant to subdivision (a), the board shall
notify the district of any inaccuracies identified under this
subdivision.
(c) Each self-certifying district shall maintain documentation of
the determinations described in subdivision (a) as required by the
board. Those determinations shall be subject to subsequent audit as
the board may direct.
(d) All estimates of average daily attendance for a
self-certifying district for the purposes of this article shall be
made by the district in accordance with the standards governing those
estimates that are adopted by the board. Each determination made by
a self-certifying district pursuant to this subdivision shall be
reviewed for accuracy by the board or by the county office of
education in the county in which the district is located. In the
event that the review is performed by the board, that review shall be
completed no later than 45 calendar days subsequent to the board's
receipt from the district of all documentation necessary for that
purpose.
17041.2. (a) The State Allocation Board shall conduct random
audits of the information certified by self-certifying districts
pursuant to this chapter, except as to any determinations that are
made under subdivision (d) of Section 17041.1 or that are subject to
audit by the State Department of Education pursuant to Section 17024,
using generally accepted auditing principles, at any time to ensure
compliance with the law.
(b) If any information submitted by a self-certifying district in
its certification of funding eligibility for any project is found by
the board to contain any material inaccuracy, any building area
constructed as a result, in excess of the building area to which the
district was entitled for purposes of that project, shall be included
in the calculation of the area of adequate school construction for
the purposes of all subsequent project applications by the district
under this chapter. In addition, the board shall impose both of the
following penalties:
(1) Pursuant to a repayment schedule approved by the board, the
district shall repay to the board of no more than five years, for
deposit in the State School Building Lease-Purchase Fund, an amount
equal to the amount of project funding allocated under this chapter
to construct that excess building area, together with interest at the
rate paid on moneys in the Pooled Money Investment Account or at the
highest rate of interest for the most recent issue of state general
obligation bonds as established pursuant to Chapter 4 (commencing
with Section 16720) of Part 3 of Division 4 of Title 2 of the
Government Code, whichever is greater. The amount of any repayment
owing under this paragraph for any fiscal year, which is not repaid
otherwise by the district, shall be withheld by the board from any
project funding that otherwise would be allocated to that district
under this chapter in that fiscal year. As to any repayment
obligation remaining for that fiscal year, the board shall notify the
Superintendent of Public Instruction, who shall withhold the amount
of that remaining obligation from the apportionments to be made to
the district from the State School Fund in that fiscal year.
(2) The information that otherwise may be certified under this
chapter by a self-certifying district shall be made by the board
under any subsequent applications for project funding, rather than by
the applicant district, for a period of up to five years following
the date of the finding of a material inaccuracy, or until the
district's repayment of the entire amount owing under paragraph (1),
whichever occurs later.
(c) Any school district against which the board imposes the
penalties under paragraphs (1) and (2) of subdivision (b) may submit
for binding determination by an arbitrator the issue of whether the
penalties imposed are disproportionate to the inaccuracy certified by
the district. Except as otherwise provided by this chapter, the
procedure governing the arbitration shall be as set forth in Title 9
(commencing with Section 1280) of Part 3 of the Code of Civil
Procedure.
(d) It is the intent of the Legislature that audits as described
in this section not interfere with the application and construction
process under this chapter unless one or more violations are
discovered.
17041.3. For the purposes of Sections 17041 and 17041.5,
allowable building area may be computed, in the alternative to the
methods prescribed by Section 17041, for any combination of two or
more adjacent high school attendance areas pursuant to the following
conditions:
(a) The project to be funded is for the construction of a high
school, junior high school, or elementary school located or to be
located in any of those high school attendance areas.
(b) The high school, junior high school, or elementary school to
be constructed is to serve pupils residing in each of those high
school attendance areas.
(c) The combined computation of allowable building area reflects
the allowable building area to which each of the high school
attendance areas would otherwise be entitled, reflecting the
proportion of projected pupil enrollment in the school to be
constructed, as calculated under this chapter, from each of those
attendance areas.
17041.5. (a) Whenever the area of adequate school construction
existing in an attendance area is less than the maximum area computed
for that attendance area, any portion of the remaining computed
allowable building area may be used for the construction of district
administration and maintenance facilities.
(b) If the allowable building area is computed separately by
attendance area, the board shall include within the computation of
the maximum area for that attendance area the proposed building area
of a project for the construction of district administration and
maintenance facilities.
17041.6. The board shall, in allocating funds for school
facilities construction pursuant to this chapter, give first priority
to applicant districts proposing additional classrooms within their
maximum allowable building area before allocating funds to applicant
districts proposing administration and maintenance facilities.
17041.8. (a) Notwithstanding any other provision of law, any
applicant school district that receives supplemental project funding
under Sections 17040.6, 17040.7, 17040.8, and 17041.8 shall apply
that funding to the purposes of the project funded, in compliance
with any requirements set forth in those sections, but need not
comply in that regard with the allowable building area of that
project as otherwise calculated under this chapter. The expenditure
of the supplemental project funds authorized under those sections is
exempt from the total building cost standards applicable to the
project. In addition, the increase in building area authorized under
this subdivision is exempt, for purposes of any subsequent
application for project funding under this chapter, from the
calculation of existing adequate school construction of the district.
(b) Notwithstanding any other provision of law, the total amount
of supplemental project funding that an applicant district is
entitled to receive under Sections 17040.6, 17040.7, 17040.8, and
17040.9 may not exceed the lesser of the following:
(1) An amount equal to that calculated under subdivision (b) of
Section 17040.9.
(2) An amount equal to the sum of four thousand dollars ($4,000)
for each of the first 500 units of estimated average daily attendance
for the project, and two thousand dollars ($2,000) for each
additional unit of estimated average daily attendance. The monetary
rates set forth in this paragraph shall be increased annually for
inflation for the prior calendar year on the basis of the cost index
for class B construction as determined in the January meeting of the
board.
17042. (a) The board, by the adoption of rules, shall provide for
the manner of determining the area of adequate school construction
existing in an applicant school district at the time of application.
Those rules shall define and provide for the method of determining
building areas that are to be included in, in whole or in part, or to
be excluded from, the area of existing adequate school construction.
Any building to which Article 3 (commencing with Section 17280) of
Chapter 3 of Part 10.5 does not apply shall not be considered
adequate school construction for the purpose of determining the
maximum total building area per attendance unit.
The board may make exceptions to the provisions of this section,
or to the rules adopted pursuant thereto, if it determines that the
exception or exceptions will be for the benefit of pupils affected.
(b) For the purposes of this chapter, the area of adequate school
construction existing in an applicant school district does not
include any of the following:
(1) Any portable classroom made available to the district under
Chapter 14 (commencing with Section 17085).
(2) In any school operated on a year-round schedule, any building
area that has been in continuous use during the preceding five-year
period primarily for the operation of any preschool program or
programs.
(3) Any building area, not to exceed the area that is equivalent
to one classroom per schoolsite, used to provide support services
pursuant to Chapter 5 (commencing with Section 8800) of Part 6 or to
provide integrated children's services pursuant to Section 18986.40
of the Welfare and Institutions Code. A school shall meet the
definition of a "qualifying school" under paragraph (1) of
subdivision (h) of Section 8802 to qualify for this exemption from
the area of adequate school construction.
(c) The board may make exceptions to this section, or to the rules
adopted pursuant thereto, if it determines that the exception or
exceptions will be for the benefit of pupils affected.
17042.5. (a) For purposes of determining the area of adequate
school construction existing in an applicant school district pursuant
to Section 17042.7, all portable classrooms, whether owned or
leased, shall be included, except as otherwise provided in paragraphs
(1) to (3), inclusive.
(1) Leased portable classrooms acquired by a school district shall
not be included in the area of existing adequate school construction
until January 1, 1991.
(2) Portable classrooms leased pursuant to Chapter 14 (commencing
with Section 17085) shall be excluded from the area of adequate
school construction. Portable classrooms obtained by an applicant
district pursuant to subdivision (b) of Section 17088.5 also shall be
excluded from the area of adequate school construction, except as to
any portable classroom or classrooms for which the district rejected
the board's offer to purchase pursuant to that subdivision.
(3) Portable classrooms that have been leased or owned by the
district for 20 years or more shall be excluded from the area of
adequate school construction.
(4) Leased portable classrooms shall not be included in the area
of adequate school construction for a period of five years from the
date first leased by the district. That exclusion shall be extended
by the board for one additional five-year period where the board
finds that the continued use of the leased portable classrooms for
classroom purposes is justified by additional growth in average daily
attendance pursuant to the standards established by this part. If
the board finds continued use to be no longer justified, it may
extend the exclusion for a period of up to two years as necessary to
maintain the eligibility of the applicant district for project
funding pursuant to this chapter if the board finds that the district
has made a good faith effort to obtain that funding in a timely
manner. The additional five-year exclusion shall not apply to any
portable classroom for which, under the lease agreement, the district
is to take title, or the total consideration paid by the district
for the lease and an option to purchase is determined by the board to
be substantially equivalent to the cost of acquiring title.
(b) For purposes of this section, "portable classroom" means a
classroom building of modular design and construction that meets all
of the following criteria:
(1) Is designed and constructed to be relocatable and
transportable over public streets.
(2) Is designed and
constructed for relocation without the separation of the roof or
floor from the building.
(3) When measured at the most exterior walls, has a floor area not
in excess of 2,000 square feet.
17042.7. (a) For any project application filed or amended on or
after January 1, 1993, the area of adequate school construction
existing in the applicant school district or, where appropriate, in
the attendance area, at the time of application shall be calculated
pursuant to the following formula:
(1) Identify by grade level all teaching stations existing in the
school district or, where appropriate, the attendance area, as of
January 1, 1993. For the purposes of this section, "teaching station"
means any space that was constructed or reconstructed to serve as an
area in which to provide pupil instruction.
(2) Determine the maximum pupil loading figure for each grade
level pursuant to the district pupil loading standards in effect on
January 1, 1993. For the purposes of this section, the "district
pupil loading standards" are those pupil loading standards in effect
in a school district on July 1, 1992, as a result of actions
including, but not necessarily limited to, the execution of a
collective bargaining agreement or the adoption of a district policy
by the governing board of the school district. In no event may this
figure be more than the maximum pupil loading standards established
by the board, or less than three pupil units lower than those maximum
pupil loading standards.
(3) Multiply the figure determined under paragraph (2) for each
grade level by the number of teaching stations for the particular
grade level, as determined under paragraph (1).
(4) Multiply the product determined under paragraph (3) by the
maximum area allowance established for that grade level under this
article.
(5) The sum of these computations for each grade level, as
determined under paragraphs (1) to (4), inclusive, shall be the total
area of adequate school construction existing in the district or
attendance area pursuant to this formula.
(b) For purposes of this section, a school district that is
participating in a class size reduction program set forth in this
code shall use the pupil loading standard established pursuant to
that program.
(c) The area of existing adequate school construction calculated
under this section shall not include, in any school operated on a
year-round schedule, any teaching station that has been in continuous
use during the preceding five-year period primarily for the
operation of a preschool program or programs.
17043. (a) There shall be allowed to each district with
attendance units of 300 or more in kindergarten and grades 1 to 6,
inclusive, a maximum area of 55 square feet for each attendance unit
of the district in kindergarten and grades 1 to 6, inclusive.
(b) The maximum total building area per attendance unit allowed to
applicant districts with attendance units of less than 300 in
kindergarten and grades 1 to 6, inclusive, for such attendance units
shall be determined by the board, and shall be building area to
provide comparable facilities to those provided by subdivision (a) of
this section, and shall be the least building area required to house
adequately the estimated average daily attendance and the normal
instructional and other services.
17044. There shall be allowed to each district a maximum area of
75 square feet for each attendance unit of the district in grades 7
and 8.
17045. The maximum area allowed to a district for attendance
units in junior high schools composed of grades 7 to 9, inclusive, or
7 to 10, inclusive, as the case may be, shall be determined pursuant
to this section, rather than Sections 17044 and 17046. This section
shall not apply to junior high schools composed of grades 7 and 8
only.
The maximum area allowed for attendance units in junior high
schools shall be determined by computing, in accordance with this
section, the number of square feet for the attendance units at each
junior high school attendance center of the district, and totaling
the number of square feet so determined for all attendance units in
all such junior high school attendance centers of the district.
There shall be allowed a maximum area of 75 square feet for each
attendance unit of the junior high school attendance center in grades
7 and 8. For each attendance unit in grade 9, or grades 9 and 10, as
the case may be, at each junior high school attendance center, there
shall be allowed a maximum area equal to the number of square feet
which would be allowed under Section 17046 for each attendance unit
of an attendance center having a total number of attendance units
equal to the total number of attendance units in grades 7 to 9,
inclusive, or 7 to 10, inclusive, as the case may be, at such junior
high school attendance center. The number of square feet which would
be allowed under Section 17046 for each attendance unit of an
attendance center shall be computed by determining in accordance with
that section the total number of square feet which would be allowed
at an attendance center and dividing such total number of square feet
by the total number of attendance units at such attendance center.
17046. There shall be allowed to each district a maximum area for
the attendance units of the district in grades 9 to 12, inclusive,
determined by computing, for the attendance units in grades 9 to 12,
inclusive, at each attendance center of the district, a number of
square feet for the number of attendance units in such grades at each
attendance center, in accordance with the following table, and
totaling the number of square feet so determined for all attendance
units in such grades of all attendance centers of the district:
Attendance units of Maximum number of square
attendance center feet of building area
1- 50 ............................ 18,000
51-100 ............................ 18,000 plus 162 for each
attendance unit over 50
101-200 ............................ 26,100 plus 99 for each
attendance unit over 100
201-300 ............................ 36,000 plus 60 for each
attendance unit over 200
301-600 ............................ 42,000 plus 54 for each
attendance unit over 300
601-1,800 .......................... 58,200 plus 80 for each
attendance unit over 600
Over 1,800 .......................... 154,200 plus 85 for each
attendance unit over
1,800
17046.7. Notwithstanding any other provision of law, the
determination of the area of allowable new building construction for
any project for an applicant school district for which original
construction commenced on or after January 1, 1987, shall be made on
the basis of 107 percent of the area that would otherwise be
determined for that purpose under this chapter, calculated to the
nearest whole number.
17046.8. Notwithstanding any other provisions of law, the maximum
allowable building area for each applicant district shall be reduced
by the product of the maximum area per attendance unit calculated
for each appropriate grade level and the number of pupils reported by
the Superintendent of Public Instruction for that grade level
pursuant to Section 42268. This reduction shall be calculated on the
basis, at the district's option, of either the district as a whole
or the appropriate attendance area, as defined in Section 17041.
17047. (a) The allowable new building area for the purpose of
providing special day class and Resource Specialist Program
Facilities for special education pupils shall be negotiated and
approved by the State Allocation Board, with any necessary assistance
to be provided by the Special Education Division of the State
Department of Education. The square footage allowances shall be
computed within the maximum square footage set forth in the following
schedule:
Special Day Class Grade Load- Square
Basic Need Levels ing* Footage
Nonsevere Disability
--Specific Learning
Disability All 12 1080
--Mildly Mentally
Retarded All 12 1080
--Severe Disorder
of Language All 10 1080
Severe Disability
--Deaf and Hard of Hearing All 10 1080
--Visually Impaired All 10 1330
(1080 + 250
storage)
--Orthopedically and
Other Health Impaired All 12 2000
(1080 + 400
toilets
+ 250 storage +
270
daily living
skills
+ 3000 therapy +
75
therapy per
additional
classroom)
--Autistic All 6 1160
(1080 + 80
toilets)
--Severely Emotionally
Disturbed All 6 1160
(1080 + 80
toilets)
--Severely Mentally
Retarded Elem. 12 1750
(1080 + 400
toilets +
270 daily living
skills)
Secon. 2150
(1080 + 400
toilets +
270 daily living
skills
+ 400
vocational)
--Developmentally Disabled All 10 2000
(1080 + 400
toilets +
250 storage +
270 daily
living skills +
3000
therapy** + 750
therapy
per additional
CR)
--Deaf-Blind/Multi All 5 1400
(1080 + 200
storage +
150 toilets)
Square
Pupils
Feet
Resource Specialist Program All Maximum case- 1-8
240
for those pupils with load for RS 9-28
480
disabling conditions whose is 28, not 29-37
720
needs have been identified by all served 38-56
960
the Individualized Education at same 57-65
1200
Program (IEP) Team, who re- time. 66-85
1440
quire special education for 86-94
1680
a portion of the day, and who 95-112
1920
are assigned to a regular
classroom for a majority of
the schoolday.***
* Special pupils may usually be grouped without accordance to
type,
especially in smaller districts or where attendance zones may
indicate, to maximize loadings per classroom where there are
children
with similar educational need (Sec. 56364).
** Therapy add-ons not to be provided if on same site as
orthopedically
impaired.
*** To a maximum of 4 percent of the unhoused average daily
attendance of the
district, per new school or addition, to a maximum of 1920
square feet.
(b) The allowable new building area shall be computed by dividing
the number of eligible pupils by the minimum required loading per
classroom for special day classes for the type of pupils to be
enrolled. No new or additional facility shall be provided for
special day classes unless the number of additional eligible pupils
equals one-third or more of the minimum required loading.
17047.5. (a) All school facilities purchased or newly constructed
pursuant to this chapter for use, in whole or in part, by pupils who
are individuals with exceptional needs, as defined in Section 56026,
shall be designed and located on the schoolsite so as to maximize
interaction between those individuals with exceptional needs and
other pupils as appropriate to the needs of both.
(b) School district governing boards and county offices of
education shall ensure that school facilities for pupils who are
individuals with exceptional needs are integrated with other school
facilities in applying for the purchase or new construction of school
facilities pursuant to this chapter.
(c) The State Allocation Board, after consultation with the State
Department of Education and representatives from county offices of
education, special education services regions, and school districts,
shall develop and adopt any regulations necessary to implement this
section.
(d) Notwithstanding any other law, the requirement set forth in
subdivision (a) may be waived, by the Superintendent of Public
Instruction, only upon compliance with the following procedure:
(1) The applicant school district or county superintendent of
schools shall file a written request for waiver that documents the
reasons for its inability to comply with the requirement.
(2) The State Department of Education shall verify the reasons set
forth pursuant to paragraph (1), including the documentation
submitted, which verification shall be completed no later than 30
days after the filing of the request for waiver with the
Superintendent of Public Instruction.
(3) The Advisory Commission on Special Education, as established
under Section 33590, at its first scheduled meeting following the
verification conducted pursuant to paragraph (2), shall review the
request for waiver, accompanying documentation, and the verification
findings of the State Department of Education. No later than 15 days
following the date of that meeting, the commission shall submit its
written comments and recommendations regarding the request for waiver
to the Superintendent of Public Instruction.
(4) The Superintendent of Public Instruction shall review the
comments and recommendations submitted by the Advisory Commission on
Special Education prior to approving or rejecting the request for
waiver.
(5) Any request for waiver, submitted in accordance with this
section, that is not rejected within 60 days of its receipt by the
State Department of Education, shall be deemed approved.
(e) This section does not apply to any application for project
funding under this chapter that meets one of the following
conditions:
(1) The application was submitted to the board prior to January 1,
1987, and all of the facilities under the project for use, in whole
or in part, by pupils who are individuals with exceptional needs are
located on a schoolsite on which facilities for use by other pupils
are also located.
(2) The application is for any other project, for which, prior to
January 1, 1987, the board approved the drawing of final plans and
the preparation of final specifications.
17048. Whenever an existing building is to be reconstructed,
rather than replaced, under an application pursuant to this chapter,
there shall be allowed, for those attendance units to be housed in
such reconstructed building, an additional five square feet of
building area beyond the amounts set forth in Section 17043, 17044,
17045, or 17046.
17049. (a) The board shall require, as a condition of providing
funding for any project under this chapter, that, for any facilities
for kindergarten or any of grades 1 to 12, inclusive, or for any
facilities for special education or continuation high school
purposes, at least 30 percent of allowable new building construction
for classrooms under the project be utilized for relocatable
structures.
(b) The board may reduce the percentage requirement set forth in
subdivision (a), as to any applicant, in the event that the quantity
of relocatable structures necessary to comply with those requirements
is unavailable from the manufacturers of those structures.
(c) The board may reduce or eliminate the percentage requirements
set forth in subdivision (a), as to any applicant, under either of
the following circumstances:
(1) Where the board finds that special conditions of terrain,
climate, or unavailability of space within the attendance area make
the use of relocatable structures impractical or inappropriate.
(2) Under the condition that, as the result of a future project
for which the district receives funding under this chapter, located
on the same schoolsite on which the current project is located, at
least 30 percent of total building construction for classrooms on
that schoolsite will be utilized for relocatable structures.
(d) Relocatable structures acquired by an applicant school
district up to two years preceding the final approval by the board of
the project application submitted by the district shall apply to the
percentage requirements set forth in subdivision (a).
(e) Notwithstanding subdivision (d), relocatable structures
acquired by an applicant school district up to 10 years preceding the
final approval by the board of the project application submitted by
the district shall apply to the percentage requirements set forth in
subdivision (a) if the relocatable structures are to be situated on
the site of a new school to be constructed under the project and all
of the following conditions are met:
(1) The relocatable structures were not previously used to satisfy
the 30 percent requirement set forth in subdivision (a) under any
other project constructed pursuant to this chapter.
(2) The board determines that the relocatable structures are in
satisfactory condition upon being moved to the new schoolsite, and
are usable for classroom purposes without requiring major repair or
renovation for a period of not less than 20 years subsequent to that
relocation.
(3) Subsequent to moving the relocatable structures to the new
schoolsite, at least 30 percent of the classroom space at the
schoolsite where the structures were previously located consists of
relocatable structures.
The cost of moving the relocatable structures to the new
schoolsite shall be at the school district's sole expense.
(f) Whenever at least 10 percent of the allowable new building
construction contained in an application is to be utilized for
relocatable structures, an additional three square feet of building
area for each pupil to be housed under the approved project shall be
allowed.
17050. (a) A district may enter into a contract with the county,
or other appropriate entity having responsibility for the provision
of public library services, in which the district is located for the
purpose of operating a joint-use library facility at a schoolsite
owned by the district.
(b) The district may apply for the lease-purchase of a project
which includes a library facility, pursuant to Section 17017, which
facility, if constructed, would be of sufficient size to accommodate
the requirements of a joint-use library for which the district has
entered into a contract, pursuant to subdivision (a).
(c) Should the board receive an application for a project which
includes space for a joint-use library, the board shall evaluate the
application disregarding any space in the proposed library facility
which is beyond the needs of the district, provided the application
contains a copy of the contract specified in subdivision (a), and
provided that the contract contains at least the following:
(1) Agreement that the county or other appropriate entity shall
deposit in the county school lease-purchase fund, created pursuant to
Section 17034, an amount equal to the total cost of any space in the
proposed library facility which is beyond the needs of the district,
prior to the signing of the construction contract for the project.
The deposit shall not be refundable, except to the extent that it may
prove subsequently to be in excess of the actual total cost of the
space which is beyond the needs of the district.
(2) Agreement between the district and the county or other
appropriate entity regarding staffing, maintenance, materials
acquisition, and other matters related to the administration and
operating costs of the joint-use facility.
(3) Agreement between the district and the county or other
appropriate entity regarding the procedure for amendment or
termination of the contract, including the disposition of materials
housed in the joint-use facility should termination of the contract
occur.
(d) Any space in a joint-use library which is beyond the needs of
the district shall not be included by the board in any calculations
made for any other purposes provided for in this article for the
period of time that the contract for that joint-use facility remains
in effect. Should the contract be terminated, the board shall
include the additional space in any calculations made after the
termination for any other purposes provided for in this article.
17051. (a) A district may enter into an agreement with another
governmental entity that includes some or all of the territory of the
district for the purpose of the joint use of park and recreation
facilities, including an auditorium, or commercial or industrial
facilities.
(b) If the board receives an application for a project that
includes some or all of the territory of the district for the purpose
of the joint use of park and recreation facilities or commercial or
industrial facilities, the board shall evaluate the application
disregarding any space in the proposed joint-use facility that is
beyond the needs of the district if the application contains a copy
of the agreement specified in subdivision (a) and if the contract
contains at least the following:
(1) An agreement that the county or other appropriate entity shall
deposit in the county school lease-purchase fund, created pursuant
to Section 17034, an amount equal to the total cost of any space in
the proposed joint-use facility that is beyond the needs of the
district, prior to the signing of the construction contract for the
project. The deposit shall not be refundable, except to the extent
that it may prove subsequently to be in excess of the actual total
cost of the space that is beyond the needs of the district.
(2) An agreement between the district and the county or other
appropriate entity regarding staffing, maintenance, materials
acquisition, and other matters related to the administration and
operating costs of the joint-use facility.
(3) An agreement between the district and the county or other
appropriate entity regarding the procedure for amendment or
termination of the contract, including the disposition of materials
housed in the joint-use facility should termination of the contract
occur.
(c) Any space in a joint-use facility that is beyond the needs of
the district shall not be included by the board in any calculations
made for any other purposes provided for in this article for the
period of time that the contract for that joint-use facility remains
in effect. If the contract is terminated, the board shall include
the additional space in any calculations made after the termination
for any other purposes provided for in this article.
Article 4. Space-Saver Schools
17055. (a) The board shall authorize project funding under this
chapter for the construction, in urban areas in which the
construction of schools would ordinarily require the removal of
residential, commercial, or industrial structures, of four elementary
or junior high schools, or any combination thereof, none of which
serve any of the grades 10 to 12, inclusive.
(b) The construction funded pursuant to subdivision (a) shall be
designed to minimize the need for the relocation of inhabitants of
residential, commercial, or industrial structures. The design
features of the schools may include, but should not be limited to,
the use of below-ground facility construction, multistory
construction, multiuse construction where single-use construction
currently exists, the joint use of facilities that otherwise involve
such uses as a shopping center, office complex, or apartment
building, the joint or dual use of land that otherwise involves park
or other uses, overhead or underground parking, or the use of areas
above or below streets or freeways.
17056. Any school district that is a project applicant under this
chapter may apply for the funding of a school specifically under
this article, pursuant to which it may be approved by the board for
funding only to the extent of its project eligibility under this
chapter. The governing board of each district for which that funding
is approved by the board shall do all of the following, in the order
specified:
(a) Identify an area within the district that it determines to be
appropriate for the construction of a school that meets the purposes
of this article.
(b) Establish criteria for the purpose of identifying the school
design that will most effectively accomplish the purposes of this
article and the needs of the district. The district shall thereupon
issue, in a manner approved by the board, a request for architectural
design proposals incorporating those criteria.
17058. The cost of any project funded under this article shall
not exceed the maximum cost that would otherwise be allowable for a
project funded under this chapter.
Article 4.1. Alternative Use of Apportionments
17059. The Legislature finds and declares as follows:
(a) In many areas of the state, overcrowding in the schools has
created a need for new school facilities in neighborhoods where
little or no vacant land exists. School districts are compelled,
therefore, to acquire property that already has been developed with
structures, then demolish these structures and construct classroom
space.
(b) With an estimated statewide need for school facilities within
the next five years that exceeds fourteen billion dollars
($14,000,000, 000),
neither state nor local funds reasonably can be anticipated to meet
this need.
(c) In many of the areas having overcrowded schools, a significant
supply exists of vacant space in structures meeting current building
codes.
(d) Use of this vacant space by schools can be a cost-effective
means of providing classroom space for the students of California.
(e) This chapter and Section 4-306 of Part 1 of Title 24 of the
California Code of Regulations authorize the reconstruction of
existing commercial buildings for school facility purposes.
(f) No existing commercial building shall be considered for
reconstruction for school facility classroom purposes unless it was
designed and constructed according to the standards established in
the 1976 Uniform Building Code or subsequent editions of that code.
17059.1. In a manner that is consistent with this chapter and the
California Code of Regulations, a school district that is eligible
for an apportionment for project funding for new construction under
this chapter may use that apportionment for the acquisition and
conversion of an existing commercial building to school facility
purposes.
17059.2. The State Allocation Board in conjunction with the
office of the State Architect shall advise all school districts in
the state of the existence of the procedure for reconstructing
existing commercial buildings for school facility purposes and shall
upon request assist in the interpretation and successful
implementation of the pertinent regulations in the California Code of
Regulations.
Article 5. Joint Venture School Facilities Construction
Projects
17060. (a) A school district may enter into a joint venture
relationship for the purposes of school facilities construction.
Notwithstanding any other provision of this chapter, a school
district entering into a joint venture relationship does so as an
independent entity and not as an agent of the State Allocation Board.
(b) For the purposes of this article, "joint venture" means a
collaborative undertaking by two or more persons or organizations for
a specific project or projects, having the legal characteristics of
a partnership.
(c) The joint venture relationship may, but is not required to,
include any of the following:
(1) Joint use of the property of, or facilities on, the project
site.
(2) Ground leases, alternative financing arrangements, or similar
financing arrangements.
(3) A construction arrangement in which a school district enters
into an agreement with a developer pursuant to which the school
district initially stipulates the basic performance and programmatic
criteria for the facility and the developer provides input into the
design work and building construction services by entering into a
contract with a single source team to administer the project in a
manner consistent with state law, and construct the project to, under
most circumstances, a maximum price.
(d) The price for the portion of the project that is funded by the
state shall be established through a bidding process as approved by
the State Allocation Board. All subcontract trade groups that are
included within the project, shall be determined based upon
competitive bidding for each contract group. All subcontracts shall
be awarded to the lowest responsible bidder.
(e) The proposed uses of any facilities constructed under the
joint venture project shall not be inconsistent with educational
purposes and activities.
(f) The cost of any project funded under this article shall not
exceed the maximum cost that would otherwise be allowable for a
project funded under this chapter.
17061. (a) A school district may apply to the State Allocation
Board for funding for the costs of property acquisition and the cost
of construction, as specified in this chapter, of the school
facilities portion of a joint venture project. The school district
shall publicly solicit proposals for the joint venture project
pursuant to the procedures set forth in this section and Sections
17062, 17521, 17522, and 17523.
(b) Upon review of the application for funding, the State
Allocation Board shall establish the maximum allowances for
construction of the school facilities portion of the joint venture
project. For the purpose of calculating allowances pursuant to
Article 3 (commencing with Section 17040), the State Allocation Board
shall use the information used to determine the allowances for the
school district at the time the district received approval of funds
under this chapter to acquire property on which the school facilities
will be constructed, or at the time an application is made pursuant
to subdivision (a), whichever is earlier.
(c) The State Allocation Board may approve, in whole or in part,
an application submitted by a school district pursuant to this
section in an amount the State Allocation Board may deem appropriate,
not to exceed the amount applied for, subject to final approval of
the joint venture agreement pursuant to Section 17063.
(d) For purposes of this section, and the process referred to in
subdivision (a), a school district joint venture request for
proposals shall include, but not necessarily be limited to, all of
the following:
(1) A specific description of the school buildings or land, or
both, to be constructed or utilized under the joint venture and a
description of how the costs of the project have been determined.
(2) The identification of the current educational uses of the
school buildings or land, or both, and of the educational uses
proposed under the joint venture.
(3) The identification of the current noneducational uses of the
proposed school buildings or land, or both, and of the noneducational
uses proposed under the joint venture, and a specific assessment of
the compatibility of those uses with any applicable general or
specific governmental land use plan and with applicable zoning
restrictions.
(4) A description of the prospective economic benefits to be
derived by the school district from the joint venture.
(5) A description of the prospective educational benefits to be
derived by the school district from the joint venture.
(6) A request that each request for proposal response include a
comprehensive description of the joint venture, including, but not
limited to, a description of the intended means of financing the
joint venture.
17062. (a) Notwithstanding Sections 20111 and 20118.4 of the
Public Contract Code, or any other law, upon approval of funding
pursuant to Section 17061, a school district may utilize a request
for qualifications and proposal process described in subdivision (a)
of Section 17061 to select and enter into a joint venture agreement
with a developer to construct school facilities. The agreement may
utilize Section 17406.
(b) The joint venture agreement shall include, but not be limited
to, all of the following terms:
(1) The cost of the project approved by the State Allocation Board
pursuant to Section 17061 as the amount that the district will pay
to the developer pursuant to the joint venture agreement upon
completion of the project, if applicable.
(2) A detailed description of the project, including, but not
limited to, the school facilities and any other facilities that may
be included in the project and any other information necessary to
meet the requirements of this chapter.
(3) The timeframe for completion of the project.
(4) A requirement that there shall be no state liability if funds
are not made available within the four-year period specified in
subdivision (a) of Section 17063.
(c) The joint venture agreement may also include a requirement
that if the actual cost of constructing the school facility project
designated in the agreement exceeds the amount set forth in that
agreement, the developer shall be responsible for the additional
expense.
(d) The lien placed on a schoolsite pursuant to this chapter shall
only attach to that portion of the project for which state funds are
actually expended. In addition, the lien shall expressly recognize
any subordinate property interest created by the joint venture, and
the state lien shall not be foreclosed or otherwise used to terminate
the property interest, or any subordinate financing liens incidental
thereto, created by the joint venture. The document creating that
lien on a schoolsite shall be written in a manner to clearly prohibit
assumption of any state liability resulting from the lien.
(e) Notwithstanding subdivision (d), the nondisturbance of
subordinate property interests permitted in subdivision (d) shall not
permit the foreclosure or other private taking of actual school
facilities or property paid for with state funds in a manner that
would restrict, terminate, or impair the school facilities portion of
the joint venture or the school district's use thereof.
17063. Upon completion of the joint venture agreement pursuant to
Section 17062, the school district shall transmit the agreement to
the State Allocation Board for final review to determine whether the
agreement is consistent with the project approval pursuant to Section
17061. The State Allocation Board shall act to approve or
disapprove the complete agreement within 60 days following submission
of the complete proposal to the State Allocation Board. The
approval or disapproval relates to only the decision by the State
Allocation Board to fund the school portion of the joint venture
project and is not to be construed as an approval or disapproval of
the terms and conditions of the joint venture agreement nor as
authority for the school district to act as the agent of the State
Allocation Board. The State Allocation Board is not made a party to
the joint venture agreement and shall not incur liability under the
joint venture agreement through its approval or disapproval of the
agreement. The joint venture shall indemnify and hold harmless the
State Allocation Board and its officers, agents, and employees from
any loss or liability, including reasonable attorneys fees and costs,
caused by the joint venture arising out of, or in relation to, any
contract entered into by the joint venture in furtherance of the
joint venture project. The date of approval by the State Allocation
Board of the project shall be the date of funding eligibility for the
project. The apportionment of funds for the eligible project shall
be made at any point up to four years following the date of funding
eligibility subject to the availability of funds for this purpose.
If the state funds are not available within that four-year period,
the school district may at its option remain in the funding cycle,
subject to other provisions of this chapter, until the school
district receives all of the funds it is eligible to receive pursuant
to this article as of the date of funding eligibility. The district'
s eligibility for reimbursement of authorized costs and the district'
s position in the processing schedule for the reimbursement shall be
established as the date of project approval by the State Allocation
Board. The exact amount of the reimbursement shall be determined at
the conclusion of the project and shall be based upon the actual
subcontract trade bids and other costs allowable pursuant to Section
17019.3.
17064. The selection of any design professional pursuant to this
article shall be made in accordance with Chapter 10 (commencing with
Section 4525) of Division 5 of Title 1 of the Government Code.
17065. The design and construction of school facilities pursuant
to this article shall comply with Article 3 (commencing with Section
17280) of Chapter 2 of Part 10.5.
17066. This article does not affect any requirement of a school
district to comply with the prevailing wage requirements of Article 2
(commencing with Section 1770) of Chapter 2 of Part 7 of Division 2
of the Labor Code with respect to the school facilities portion of a
joint venture project under this article.
CHAPTER 13. TRANSFER OF EXCESS FUNDS
17080. (a) Notwithstanding any other provision of law, whenever
moneys transferred to the General Fund each year from (1) moneys
deposited in the Public School Building Loan Fund pursuant to Section
15735, and (2) moneys deposited in the State School Building Aid
Fund pursuant to Section 16080, are in excess of the amounts required
to reimburse the General Fund on account of principal and interest
due and payable for that fiscal year on all school building aid bonds
outstanding against the state, an amount equal to such excess is
appropriated from the General Fund for purposes of the Leroy F.
Greene State School Building Lease-Purchase Law of 1976 (Chapter 12
(commencing with Section 17000)) and Section 17584. The Controller
shall transfer, as directed by the State Allocation Board, such
appropriated amount to the State School Building Lease-Purchase Fund
and to the State School Deferred Maintenance Fund, which is hereby
established.
(b) In addition to the amount transferred pursuant to subdivision
(a), the Controller shall transfer annually from the General Fund to
the State School Deferred Maintenance Fund an amount equal to any
amount transferred to or deposited in the General Fund as a result of
repayment of any loan made by the board pursuant to Section
17005.15.
(c) Notwithstanding Section 13340 of the Government Code, the
State School Deferred Maintenance Fund is continuously appropriated
for the purposes for which it is established.
CHAPTER 14. EMERGENCY SCHOOL CLASSROOM LAW OF 1979
Article 1. General Provisions
17085. This chapter may be cited as the State Relocatable
Classroom Law of 1979.
17086. In adopting this chapter, the Legislature recognizes that
the ad valorem tax is no longer available as a source of revenue for
the construction of necessary school facilities. The Legislature
considers that the greatest need in school construction is for
classrooms for the education of public school pupils. It is the
intent of the Legislature to satisfy this primary need to the
greatest extent possible before providing any additional educational
facilities, regardless of how desirable such additional facilities
may be.
17087. As used in this chapter:
(a) "Board" means the State Allocation Board.
(b) "State School Building Aid Fund" means that fund established
pursuant to Section 16096.
(c) "Lessee" means a school district or county superintendent of
schools to whom the board has leased a portable classroom pursuant to
this chapter.
17088. In addition to any other powers and duties as are granted
the board by this chapter, other statutes, or the State Constitution,
the board has the power to do each of the following:
(a) Establish any qualifications not in conflict with other
provisions of this chapter, as it deems will best serve the purposes
of this chapter, for determining the eligibility of school districts
and county superintendents of schools to lease portable classrooms
under this chapter.
(b) Establish any procedures and policies in connection with the
administration of this chapter as it deems necessary.
(c) Adopt any rules and regulations for the administration of this
chapter requiring such procedure, forms, and information, as it may
deem necessary.
(d) Have constructed, furnished, equipped, or otherwise require
whatever work is necessary to place, portable classrooms on
schoolsites where needed.
(e) Own, have maintained, and lease portable classrooms to
qualifying school districts and county superintendents of schools.
(f) From any moneys in the State School Building Aid Fund
available for purposes of this chapter, the board shall make
available to the Director of General Services such amounts as it
determines necessary to provide the assistance, pursuant to this
chapter, required by Section 15504 of the Government Code.
(g) Notwithstanding any other provision of law, from any funds
available to the board, the board may, no later than January 15 of
any year, make available to the Director of General Services up to
thirty-five million dollars ($35,000,000) for expenditure in the
subsequent school year. It is the intent of the Legislature that
this allocation be annually funded from an appropriation made for
this purpose by the Legislature in the Budget Act for the fiscal year
in which the board is to act to make that funding available. These
funds shall be utilized to purchase portable classrooms for the
purposes of this section.
17088.3. (a) No school district shall qualify for the lease under
this chapter, after January 1, 1990, of one or more portable
classrooms except upon submitting a study examining the feasibility
of implementing in the district a year-round multitrack educational
program that is designed to increase pupil capacity in the district
by at least 20 percent.
(b) Emergency or urgency conditions within a school district shall
constitute grounds for approval by the board, pending submission of
the report.
(c) Subdivision (a) does not apply to facilities that are
designated as uninhabitable after July 1, 1989, due to fire or other
health or safety conditions.
(d) Subdivision (a) does not apply to a school district for leases
or subleases under this chapter for the purpose of providing
facilities, pursuant to subdivision (c) of Section 17091, for
licensed child day care programs or recreation or enrichment
activities or programs for schoolage children.
17088.5. (a) The board may empower any lessee to act as its agent
in the performance of acts authorized under this chapter with regard
to portable classrooms to be made available to that lessee,
including, but not necessarily limited to, contracting for
architectural and construction services and purchasing furniture and
equipment.
(b) In addition, where any qualifying school district or county
superintendent of schools is deemed by the board to be eligible under
this chapter for the lease of portable classrooms, but adequate
funds are not at that time available to the board for the purchase of
those classrooms, the board may authorize the school district or
county superintendent of schools to purchase portable classrooms, to
the extent of that eligibility, pursuant to the following conditions:
(1) The portable classrooms are purchased under a procedure
determined by the board, pursuant to either a bidding process
implemented by the school district or county superintendent of
schools or by the State Office of Procurement.
(2) To the extent that funding for purposes of this chapter is
subsequently made available to the board, the board shall purchase
the portable classroom or classrooms from the school district or
county superintendent of schools, for lease to that entity under this
chapter, for an amount, not to exceed the purchase price the board
determines it would have paid for the classroom or classrooms at the
time they were acquired pursuant to paragraph (1), as necessary to
reimburse the school district or county superintendent of schools for
the purchase price, less the amount that would have been charged to
the school district or county superintendent of schools for the lease
of the classroom or classrooms under Section 17089 from the date of
purchase. The sale of the portable classroom or classrooms under
this paragraph shall be at the discretion of the school district or
county superintendent of schools.
17088.7. (a) Any school district, or, under a joint powers
agreement pursuant to Chapter 5 (commencing with Section 6500) of
Division 7 of Title 1 of the Government Code, any combination of one
or more school districts or county superintendents of schools, may,
to the extent of the eligibility of the school district or of the
parties to the joint powers agreement to lease portable classrooms
under this chapter, purchase portable classrooms as provided in this
section.
(b) The number of portable classrooms which may be purchased
pursuant to this section, on a statewide basis, shall not exceed 200
in any given year, and shall not exceed 600 in total. Portable
classrooms purchased prior to September 22, 1989, are exempt from the
yearly limit of 200, but shall be counted towards the total limit of
600.
(c) The purchase costs of the portable classrooms, which include
costs of site preparation, furniture and equipment, toilet facilities
as described in Section 65980 of the Government Code, and the
transportation of classrooms, may be funded from revenues received by
the school district or districts pursuant to Section 17620. The
purchase shall comply with any procedures and policies established by
the board under this chapter for the purchase of portable
classrooms. All portable classrooms purchased pursuant to this
section are the property of the state.
(d) The board shall lease the portable classrooms purchased
pursuant to the authority granted in this section to the purchaser,
as described in subdivision (a), in accordance with this chapter,
including applicable eligibility standards, and the purchase costs
paid shall be credited toward the rent the purchaser would otherwise
be required to pay under this chapter as a lessee.
(e) In the event that the purchase of portable classrooms under
this section occurs pursuant to a joint powers agreement, as
described in subdivision (a), the agreement shall identify the school
district or districts and county superintendent or superintendents
of schools that are party to the agreement, identify the district or
districts providing the revenues, specify the manner in which the
revenues are to be expended, and specify the distribution of portable
classrooms subsequent to purchase, which distribution shall be in
accordance with the eligibility requirements of this chapter. The
agreement shall be subject to approval of the board, pursuant to
subdivision (b) and any applicable procedures and policies
established by the board under this chapter.
17089. (a) The board shall lease portable classrooms to
qualifying school districts and county superintendents of schools for
not less than one dollar ($1) per year, nor more than four thousand
dollars ($4,000) per year, for each portable classroom, which amount
shall be annually increased according to the adjustment for inflation
set forth in the statewide cost index for classroom construction, as
determined by the board at its January meeting.
(b) The board shall require each lessee to undertake all necessary
maintenance, repairs, renewal, and replacement to ensure that a
project is at all times kept in good repair, working order, and
condition. All costs incurred for this purpose shall be borne by the
lessee.
17089.2. Any portable classroom that is leased from the board by
a school district or county superintendent of schools under this
chapter on July 1, 1991, may be purchased by that district or county
superintendent of schools for an amount equal to the purchase price
paid by the board, including the purchase costs specified in
subdivision (c) of Section 17088.7, less the amount of any rent
already paid to the board by the district or county superintendent of
schools for that classroom. Payment for purchases made pursuant to
this section shall be in equal annual installments for an agreed-upon
term not to exceed nine years.
17089.5. The board may lease portable classrooms to any school
district or county superintendent of schools which serves infant or
preschool individuals with exceptional needs, as defined in Section
56026, and which operates programs pursuant to Part 30 (commencing
with Section 56000). These portable classrooms shall be adequately
equipped to meet the educational needs of these students, including,
but not limited to, sinks and restroom facilities.
17090. The board shall require lessees to insure at their own
expense for the benefit of the state, any leased portable classroom
which is the property of the state, against such risks, including
liability from the use thereof, in such amounts as the board may deem
necessary to protect the interest of the state. All payments
resulting from claims made against the insurance shall be made
payable to and retained by the board for deposit in the State School
Building Aid Fund.
17091. (a) The board shall have authority to adopt rules
establishing priorities for the acquisition and leasing of classrooms
to those school districts and county superintendents of schools
whose pupils will benefit most. The board may make exceptions from
the established priorities if it determines that the pupils affected
will benefit.
(b) If at any time the number of portable classrooms available
exceeds the number of those required by applicant districts, as
determined by basic loading standards and eligibility requirements,
the board may authorize additional portable classrooms to be placed
in any school district that agrees to hire an additional teacher for
each additional portable classroom placed in the district pursuant to
this subdivision.
(c) If at any time the number of portable classrooms available
exceeds the number of those required by applicant districts, as
determined by basic loading standards and eligibility requirements,
the board shall authorize additional portable classrooms to be placed
in any school district, upon request of the school district, for the
purpose of providing licensed child day care programs or recreation
or enrichment activities or programs for schoolage children on a
schoolsite, unless the surplus classrooms are needed for emergency
purposes.
17092. (a) No portable classrooms shall be made available to any
school district unless the district furnishes evidence, satisfactory
to the board, that the district has no available bond proceeds that
could be used for the purchase of classroom facilities.
(b) Notwithstanding any other provision of law, a school district
or county superintendent of schools that has received approval for a
project that includes a justified number of new teaching stations
pursuant to Chapter 12 (commencing with Section 17000) shall be
eligible for at least the same number of emergency portable
classrooms as approved new teaching stations.
(c) Subdivision (a) does not apply to leases or subleases under
this chapter for the purpose of providing facilities, pursuant to
subdivision (c) of Section 17091, for licensed child day care
programs or any recreation or enrichment activities or programs for
schoolage children.
17092.3. A school district may sublease any portable classroom
obtained by the district pursuant to subdivision (c) of Section 17091
to a private provider that has entered into a contract with the
district to provide any
child care and development program or programs or any recreation or
enrichment activities or programs for schoolage children on a
schoolsite. The terms of the sublease for rental payments and other
related costs shall not exceed the costs of the portable classroom to
the district.
17093. The board shall have prepared for its use, performance
specifications for portable classrooms complying with Sections 17280
to 17314, inclusive, which are capable of being economically moved,
and bids for the construction of which can be solicited from more
than one responsible bidder. The board may from time to time solicit
bids from, and award to, the lowest responsible competitive bidder,
contracts for the construction or purchase of the number of portable
classrooms it deems will be required by eligible school districts and
county superintendents of schools during the next 12 months.
17094. If at any time the board determines that a lessee's need
for particular portable classrooms which were made available to the
lessee pursuant to this chapter has ceased, the board may take
possession of the portable classrooms and may lease them to other
eligible districts or county superintendents of schools, or if there
is no longer a need for any portable classrooms, the board may
dispose of them to public or private parties in any manner that it
deems to be in the best interests of the state.
Any revenue which is derived from a lease or other disposition of
the portable classrooms pursuant to this section shall be deposited
in the State School Building Aid Fund.
17095. The State Board of Education may waive application of the
penalty provisions of Section 41376 for school districts which during
the school year used portable classrooms leased pursuant to this
chapter.
CHAPTER 15. SCHOOL DISTRICT REVENUE BONDS
Article 1. General Provisions
17100. The Legislature hereby finds and declares that the State
School Building Lease-Purchase Fund, pursuant to Section 17008, and
the proceeds from the sale or lease of surplus school property are
the two sources available to school districts to finance the
construction of school facilities to relieve overcrowding. However,
these sources are still insufficient to meet the construction needs
statewide of school districts.
Article 2. Revenue Bonds
17110. The governing board of a school district may issue for
sale revenue bonds to finance the construction of joint occupancy
facilities as prescribed in Article 8 (commencing with Section 17515)
of Chapter 4 of Part 10.5, which facilities are necessary to relieve
overcrowded schools. Proceeds from the rental and lease of the
facilities shall be used by the governing board to repay the revenue
bonds.
As used in this chapter:
(a) "To finance the construction of joint occupancy facilities"
means to offset either the cost of constructing the joint occupancy
facilities or the cost of financing the construction of joint
occupancy facilities, or both.
(b) "Joint occupancy facilities" means any building constructed
pursuant to this chapter which is occupied jointly by a school
district and a private entity specified in Section 17811 or one or
more buildings which are constructed pursuant to this chapter on the
same property used by the district and the private entity, but are
not occupied jointly. Facilities to be acquired by purchase pursuant
to this article for occupancy by pupils shall meet the requirements
of Article 3 (commencing with Section 17280) and Article 6
(commencing with Section 17365) of Chapter 3 of Part 10.5.
(c) "Construction" includes acquisition by purchase.
17111. The governing board may contract with any person, firm,
partnership, joint venture, or other private entity for the purpose
of issuing revenue bonds pursuant to Section 17810 and for the
purpose of renting or leasing the facilities constructed pursuant to
this chapter.
17112. No revenue bonds may be issued for sale by the governing
board unless the facilities are to be constructed on district-owned
property, except as to facilities to be acquired by purchase.
CHAPTER 16. PUBLIC DISCLOSURE OF NON-VOTER-APPROVED DEBT
17150. (a) Upon the approval by the governing board of the school
district to proceed with the issuance of certificates of
participation revenue bonds, the school district shall notify the
county superintendent of schools and the county auditor. The
superintendent of the school district shall provide the repayment
schedules for that debt obligation, and evidence of the ability of
the school district to repay that obligation, to the county auditor,
the county superintendent, the governing board, and the public.
Within 15 days of the receipt of the information, the county
superintendent of schools and the county auditor may comment publicly
to the governing board of the school district regarding the
capability of the school district to repay that debt obligation.
(b) Upon the approval by the county board of education to proceed
with the issuance of certificates of participation or revenue bonds,
the county superintendent of schools or superintendent of a school
district for which the county board serves as governing board shall
notify the Superintendent of Public Instruction. The county
superintendent of schools or the superintendent of a school district
for which the county board serves as the governing board shall
provide the repayment schedules for that debt obligation and evidence
of the ability of the county office of education or school district
to repay that obligation, to the Superintendent of Public
Instruction, the governing board, and the public. Within 15 days of
the receipt of the information the Superintendent of Public
Instruction may comment publicly to the county board of education
regarding the capability of the county office of education or school
district to repay that debt obligation.
CHAPTER 17. THE ARCHIE-HUDSON AND CUNNEEN SCHOOL TECHNOLOGY
REVENUE BOND ACT
17160. It is the intent of the Legislature in enacting this act
to provide a source of financing for the development of California
public schools' educational technology infrastructure for the use of
technology in instruction through the use of state revenue bonds
repaid from a dedicated portion of funds allocated to school
districts from the California State Lottery Education Fund pursuant
to Section 8880.5 of the Government Code. It is further the intent
of the Legislature in enacting this act to further the purposes of
the California State Lottery Act of 1984 as approved by the voters on
November 6, 1984.
17161. For the purpose of this article the following terms have
the following meanings:
(a) "Act" means the Archie-Hudson and Cunneen School Technology
Revenue Bond Act.
(b) "Authority" means the California School Financing Authority
established pursuant to Section 17172.
(c) "Bond" means bonds, notes, bond anticipation notes, commercial
paper, and any other evidences of indebtedness.
(d) "Fund" means the School Technology Pooled Revenue Bond Fund
established pursuant to subdivision (c) of Section 17162.
(e) "School district" means school district or county office of
education.
17162. (a) Notwithstanding Section 17199.3, the authority may
issue bonds exclusively for the purposes of this act, provided that
the total amount of bonds issued and outstanding at any time under
this act shall not exceed four hundred million dollars
($400,000,000). Authorization for the issuance of bonds under this
act shall become operative after July 1, 1997, upon receipt by the
authority of repayment pledges made by school districts, pursuant to
Section 17163, which, when the pledges from all school districts are
combined, are equal to or greater than five million dollars
($5,000,000). The authority shall not issue bonds for any project
that cannot be supported by the repayment pledges of school
districts.
(b) In administering this act, the authority shall meet all of the
requirements established by law for the issuance, holding, and
repayment of revenue bonds by the authority, including those set
forth in Chapter 17 (commencing with Section 17170), unless otherwise
provided for in this act.
(c) Revenues from the sale of bonds issued pursuant to this act
shall be deposited in the School Technology Pooled Revenue Bond Fund,
which fund is hereby established in the State Treasury.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated without regard to fiscal
year for the purposes of this chapter. The authority shall allocate
moneys to each participating school district from the fund.
(d) Allocations from the fund shall be used by school districts
only for the purpose of establishing computer-based networks and
telecommunications systems for instructional purposes, including the
procurement and installation of computer hardware and software,
multimedia audio, video, and data transfer equipment, and wiring,
cabling, and other equipment necessary to establish network
connectivity, and any planning and installation costs associated with
establishing and installing the networks.
(e) The length of terms of the bonds issued pursuant to this act
shall be less than the useful life of the equipment to be purchased
as set forth in subdivision (d).
17163. (a) Notwithstanding any other provision of law, a school
district may participate in this act, if the governing board of the
school district adopts a resolution approving that participation. A
participating school district shall pledge a portion of the lottery
revenues allocated annually to the school district from the
California State Lottery Education Fund as a dedicated revenue source
to repay bonds issued by the authority under the act.
(b) A school district may pledge an amount up to the equivalent of
25 percent, but not more than 25 percent, of the allocation to the
school district for the 1996-97 fiscal year from the California State
Lottery Education Fund.
(c) A participating school district shall guarantee the repayment
of bonds issued under this chapter by providing instructions to the
Controller as follows:
(1) Informs the Controller of its election to participate in this
act.
(2) Authorizes the Controller to pay the portion of the school
district's annual allocation of funds from the California State
Lottery Education Fund to the bond trustee identified by the school
district for the repayment of the school district's share of the
bonds issued under this chapter.
(3) Contains a transfer schedule that sets forth the amounts of
funds, which shall be equal to the amount of funds pledged pursuant
to subdivisions (a) and (b) of this section, to be transferred by the
Controller to the trustee from the funds to be allocated to that
school district from the California State Lottery Education Fund.
17163.5. The Controller shall pay bond trustees in accordance
with the instructions received pursuant to Section 17863. The
Controller shall make that payment only from moneys in the California
State Lottery Education Fund allocated to that school district. The
Controller is not authorized to pay a bond trustee any amount in
excess of a district's allocation from the California State Lottery
Education Fund.
17164. Nothing contained in this chapter shall be deemed or
construed to create or constitute a debt, liability, or a loan or
pledge of the credit of the state.
Notwithstanding any other provision of law, should lottery funds
pledged to repay bonds issued pursuant to this act be insufficient to
repay the revenue bonds, negotiable notes, or negotiable bond
anticipation notes sold to finance projects and related interest and
expenses, moneys in the General Fund shall not be available as an
alternative source of repayment.
17165. The State Department of Education shall include in its
annual survey of schools on the use of lottery funds, the amount of
lottery revenues expended to repay bonds issued pursuant to this act.
CHAPTER 18. CALIFORNIA SCHOOL FINANCE AUTHORITY
17170. This chapter shall be known and may be cited as the
California School Finance Authority Act.
17171. The Legislature hereby finds and declares that it is in
the interest of the state and its people for the state to do all of
the following:
(a) Reconstruct, remodel, or replace existing school buildings
which are educationally inadequate or which do not meet current
structural safety requirements.
(b) Acquire new schoolsites and buildings to be made available to
school districts and community college districts for the pupils of
the public education system, which is a matter of general concern
inasmuch as the education of the state's children is an obligation
and function of the state.
(c) Assist school districts and community college districts by
providing access to financing for working capital and capital
improvements.
17172. There is in the state government the California School
Finance Authority. The authority is a public instrumentality, and
the exercise by the authority of the powers conferred by this chapter
is an essential public function.
17173. As used in this chapter, the following words and terms
shall have the following meanings, unless the context indicates or
requires another or different meaning or intent:
(a) "Act" means the California School Finance Authority Act.
(b) "Agent" means a county or city board of education or
superintendent of schools acting with its consent on behalf of one or
more school districts for any purpose of this chapter, and the Board
of Governors of the California Community Colleges or the Chancellor
of the California Community Colleges acting with its consent on
behalf of one or more community college districts for any purpose of
this chapter.
(c) "Authority" means the California School Finance Authority, or
any board, body, commission, department, or officer succeeding to the
principal functions of the authority, or to which the powers
conferred upon the authority by this chapter shall be given by law.
(d) "Bonds" means bonds, notes, bond anticipation notes,
commercial paper, and any other evidences of indebtedness.
(e) "Cost," as applied to all or part of a project financed
pursuant to this chapter, means and includes all or any part of the
cost of any of the following:
(1) Construction.
(2) Acquisition or improvement of all lands, structures, real or
personal property, rights, rights-of-way, franchises, easements, and
interests acquired or used for a project.
(3) Demolition or removal of any buildings or structures on land
acquired for a project, including the acquisition of any lands to
which the buildings or structures may be moved.
(4) All machinery and equipment.
(5) Financing charges.
(6) Interest prior to, during, and for a period following, the
completion of such construction or improvement as determined by the
authority.
(7) Provisions for working capital.
(8) Reserves for principal and interest, and for extensions,
enlargements, additions, replacements, renovations, and improvements.
(9) Engineering, architectural, financial, and legal services,
plans, specifications, studies, surveys, estimates, administrative
expenses, and other expenses necessary or incident to the
construction, acquisition, or improvement of any project or any
financing under this chapter.
(f) "Educational facility" means any property, facility,
structure, equipment, or furnishings used or operated in conjunction
with one or more public schools or community colleges, including, but
not limited to, all of the following:
(1) Classrooms.
(2) Auditoriums.
(3) Student centers.
(4) Administrative offices.
(5) Sports facilities.
(6) Maintenance, storage, or utility facilities.
(7) All necessary or usual attendant and related facilities and
equipment, including streets, parking, and supportive service
facilities or structures required or useful for the effective
operation of the educational facility.
(g) "Participating district" means a school district or community
college district which undertakes, itself or through an agent, the
financing or refinancing of a project or of working capital pursuant
to this chapter. "Participating district" shall also be deemed to
refer to the agent to the extent the agent is acting on behalf of the
school district or community college district for any purpose of
this chapter.
(h) "Project" means the acquisition, construction, expansion,
remodeling, renovation, improvement, furnishing, or equipping of an
educational facility to be financed or refinanced pursuant to this
chapter. "Project" may include any combination of the foregoing
undertaken jointly by any participating district with one or more
other participating districts.
(i) "Working capital" means funds to be used by, or on behalf of,
a participating district to pay maintenance or operating expenses, or
any other costs which would be treated as an expense item under
generally accepted accounting principles in connection with the
ownership or operation of an educational facility, including, but not
limited to, all of the following:
(1) Reserves for maintenance or operating expenses.
(2) Interest for a period not to exceed one year on any loan for
working capital made pursuant to this chapter.
(3) Reserves for debt service, and any other costs necessary or
incidental to, financing pursuant to this chapter.
(j) "Certificate of participation" means an undivided interest in
one or more bonds, leases, loans, installment sales, or other
agreements of a participating district or districts.
17174. (a) The authority shall be comprised of the following
members:
(1) The Treasurer, who shall serve as chairperson.
(2) The Director of the State Department of Finance.
(3) The Superintendent of Public Instruction.
(b) Each member of the authority may designate an individual from
the member's department or agency to act for the member and represent
the member at all meetings.
(c) Members of the authority or their designees shall serve
without compensation, but may be reimbursed by the authority for
necessary and reasonable expenses incurred in the discharge of their
duties.
17175. (a) Upon the first appointment of its members, and
thereafter on or after March 31 of each year, the authority shall
elect from its members a vice chairperson and a secretary-treasurer,
who shall hold office until the following March 31, and shall
continue to serve until their successors have been elected.
(b) On behalf of the authority, the chairperson shall appoint an
executive director, who shall not be a member of the authority, and
who shall serve at the pleasure of the authority. The executive
director shall receive the compensation fixed for that purpose by the
authority.
The authority may delegate to the executive director the power to
enter contracts on behalf of the authority.
17176. (a) Except as otherwise provided by subdivision (b), the
Attorney General shall be the legal counsel for the authority.
(b) Upon the approval of the Attorney General, which shall not be
unreasonably withheld, the authority may employ legal counsel as, in
its judgment, is necessary or advisable to enable it to carry out the
duties and functions of the authority pursuant to this chapter,
including, but not limited to, the employment of bond counsel in
connection with the issuance of bonds.
17177. The executive director or other person designated by
resolution of the authority shall maintain a record of the
proceedings of the authority, and shall be custodian of all books,
documents, and papers filed with the authority, the minute book or
journal of the authority, and its official seal. The executive
director or the designee may cause copies to be made of all minutes
and other records and documents of the authority, and may certify
under the official seal of the authority that the copies are true
copies, and all persons dealing with the authority may rely upon that
certification.
17178. Two members of the authority shall constitute a quorum.
The affirmative vote of a majority of a quorum shall be necessary for
any action taken by the authority. A vacancy in the membership of
the authority shall not impair the right of a quorum to exercise all
the rights and perform all the duties of the authority. Each meeting
of the authority shall be open to the public and shall be held in
accordance with Article 9 (commencing with Section 11120) of Chapter
1 of Part 1 of Division 3 of Title 2 of the Government Code.
Resolutions of the authority need not be published or posted. The
authority may delegate by resolution to one or more of its members or
its executive director any powers and duties as it may deem proper.
17179. The provisions of this chapter shall be administered by
the authority, which shall have and is hereby vested with all powers
reasonably necessary to carry out the powers and responsibilities
expressly granted or imposed under this chapter.
17180. The authority is hereby authorized to do all of the
following:
(a) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(b) Adopt an official seal.
(c) Sue and be sued in its own name.
(d) Receive and accept gifts, grants, or donations of money for
any of the purposes of this chapter from any of the following:
(1) A federal agency.
(2) A state agency.
(3) A municipality, county, or other political subdivision of the
state.
(4) An individual, association, or corporation.
(e) Engage the services of private consultants to render
professional and technical assistance and advice in carrying out the
purposes of this chapter.
(f) (1) Determine the location and character of any project to be
financed under this chapter, and acquire, construct, enlarge,
remodel, renovate, alter, improve, furnish, equip, own, maintain,
manage, repair, operate, lease as lessee or lessor, or regulate the
same.
(2) Designate a participating district as its agent, with
authority to enter into contracts, for any of the purposes specified
in paragraph (1).
(3) Enter into contracts for any of the purposes specified in
paragraph (1).
(4) Enter into contracts for the management and operation of a
project owned by the authority.
(g) Acquire, directly or by and through a participating district
as its agent, by purchase solely from funds provided pursuant to this
chapter, or by gift or devise, and sell, by installment or
otherwise, property, rights, rights-of-way, franchises, easements,
and other interests in lands, including, but not limited to, lands
lying under water, and riparian rights, located within the state
which the authority deems necessary or convenient for the
acquisition, construction, financing, or operation of a project. The
authority may do so upon the terms, and at the prices, it considers
reasonable and upon which it can agree with the owner, and may take
the title to the interest in the name of the authority or in the name
of a participating district as its agent.
(h) Receive and accept from any source loans, contributions, or
grants for, or in aid of, the construction, financing, or refinancing
of all or part of a project, in the form of money, property, labor,
or other things of value.
(i) Pursuant to an agreement between the authority and the
participating district, make, directly or through a lending
institution, secured or unsecured loans to, or purchase secured or
unsecured loans from, a participating district for any of the
following purposes:
(1) To finance a project or provide working capital. No loan to
finance a project shall exceed the total cost of the project, as
determined by the participating district and approved by the
authority.
(2) To refinance indebtedness incurred by the participating
district in connection with projects undertaken, educational
facilities acquired, or working capital financed.
(j) Upon the terms and conditions the authority deems proper,
lease a project being financed pursuant to this chapter to a
participating district, and charge and collect rent therefor. The
authority may terminate a lease pursuant to this subdivision upon the
lessee's failure to comply with any of its obligations under the
lease. The lease may include any of the following provisions:
(1) That the lessee shall have the option to renew the term of the
lease for the period or periods, and at the rent, determined by the
authority, or to purchase any or all of the project.
(2) That upon payment by the participating district of all of the
indebtedness incurred by the authority for the financing of the
project or for the refinancing of the district's outstanding
indebtedness, the authority may convey any or all of the project to
the lessee or lessees, with or without further consideration.
(k) Charge and equitably apportion among participating districts
its administrative costs and expenses incurred pursuant to this
chapter.
(l) (1) Obtain, or aid in obtaining, from any state or federal
agency or any private company, any insurance, guarantee, letter, or
line of credit regarding, or of, or for, the payment or repayment of
all or part of the interest, principal, or both, on any loan, lease,
or obligation, or any instrument evidencing or securing the same,
made or entered into pursuant to this chapter, or on any bonds issued
pursuant to this chapter.
(2) Notwithstanding any other provision of this chapter, enter
into any agreement, contract, or any other instrument regarding any
insurance, guarantee, letter, or line of credit specified in
paragraph (1), and accept payment in the manner and form provided
therein in the event of default by a participating district.
(3) Assign any insurance, guarantee, letter, or line of credit
specified in paragraph (1) as security for bonds issued by the
authority.
(m) Enter into any agreements or contracts, including, but not
limited to, agreements for liquidity or credit enhancement, execute
any instruments, and any other act or thing necessary, convenient, or
desirable for the purposes of the authority or to carry out any
express power granted the authority pursuant to this chapter.
(n) At the discretion of the authority, invest any moneys held in
reserve or in sinking funds, or any moneys not required for immediate
use or disbursement, in obligations authorized by the resolution
authorizing the bonds secured by the investment, or by law governing
the investment of
trust funds in the custody of the Treasurer.
17181. (a) The California School Finance Authority Fund is hereby
created in the State Treasury, to be administered by the authority.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund shall be continuously appropriated without regard to fiscal
year for the purposes of this chapter. The authority may pledge any
or all of the moneys in the fund as security for payment of the
principal of, and interest on, any particular issuance of bonds
pursuant to this chapter. For that purpose, or as necessary or
convenient to the accomplishment of any other purpose of this
chapter, the authority may divide the fund into separate accounts.
All moneys accruing to the authority pursuant to this chapter from
any source shall be deposited in the fund.
(b) Subject to any priorities created by the pledge of particular
moneys in the fund to secure any issuance of bonds of the authority,
and to reasonable administrative costs incurred by the authority in
implementing this chapter, all moneys in the fund, regardless of the
source, shall be held in trust for the security and payment of bonds
of the authority, and shall not be used or pledged for any other
purpose while any bonds are outstanding and unpaid. Nothing in this
subdivision shall be construed to limit the power of the authority to
make loans with bond proceeds in accordance with the terms of the
resolution authorizing the issuance of those bonds.
(c) Pursuant to any agreements with the holders of particular
bonds pledging any particular assets, revenues, or moneys, the
authority may create separate accounts in the fund to manage the
assets, revenues, or moneys in the manner prescribed by the
agreements.
(d) From time to time, the authority may direct the Treasurer to
do any of the following:
(1) Invest moneys in the fund which are not required for its
current needs, including, but not limited to, proceeds from the sale
of any bonds in eligible securities specified in Section 16430 of the
Government Code and designated by the authority, or in any other
securities or obligations designated by the authority, in the
resolution authorizing the issuance of the bonds payable or secured
by the moneys.
(2) Deposit moneys in the fund in interest bearing accounts in
state or national banks or other financial institutions having
principal offices in the state.
(3) Transfer moneys in the fund to the Surplus Money Investment
Fund for investment pursuant to Article 4 (commencing with Section
16470) of Chapter 3 of Part 4 of Division 4 of Title 2 of the
Government Code.
Notwithstanding Section 16305.7 of the Government Code, all
interest or other earnings resulting from an investment or deposit
pursuant to this subdivision shall be deposited in the fund.
(e) Except as otherwise provided in paragraph (3) of subdivision
(d), no moneys in the fund shall be subject to transfer to any other
fund pursuant to any provision of Part 2 (commencing with Section
16300) of Division 4 of Title 2 of the Government Code.
17182. (a) Except as otherwise provided in subdivision (b), all
expenses incurred by the authority in implementing this chapter shall
be payable solely from funds appropriated for purposes of this
chapter, and the authority shall not incur liabilities in excess of
the amount of those funds.
(b) For purposes of meeting the necessary expenses of initial
organization and operation of the authority until it derives money
from funds provided to it pursuant to this chapter, the authority may
borrow such moneys as it may require. Moneys borrowed pursuant to
this subdivision shall subsequently be charged to, and apportioned
among, participating school districts in an equitable manner, and
repaid with appropriate interest over a reasonable period of time.
17183. (a) From time to time, the authority may, by resolution,
issue its revenue bonds in order to provide funds for any of the
purposes of this chapter. Bonds may be issued to finance any of the
following:
(1) A single project or financing of working capital for a single
participating district.
(2) A series of projects or financings of working capital for a
single participating district.
(3) A single project or financing of working capital for several
participating districts.
(4) Several projects or financing of working capital for several
participating districts.
(b) Except as otherwise expressly provided by the authority, all
revenue bonds shall be payable from any available revenues or moneys
of the authority not otherwise pledged, subject only to any
agreements with holders of particular bonds or notes pledging any
particular revenue or moneys. Notwithstanding that revenue bonds
issued pursuant to this section may be payable from a special fund,
the revenue bonds shall be, and shall be deemed to be for all
purposes, negotiable instruments, subject only to the provisions of
the revenue bonds for registration.
(c) The revenue bonds of the authority may be issued as serial
bonds, term bonds, or the authority, in its discretion, may issue
bonds of both types. The issuance shall be in accordance with the
indenture, trust agreement, or resolution relating to the revenue
bonds, which shall provide all of the following:
(1) The date or dates of the bonds.
(2) The date or dates upon which the bonds will mature, not to
exceed 40 years from their respective dates.
(3) The interest rate or rates, or methods of determining the
interest rate or rates, of the bonds.
(4) When the bonds are payable.
(5) The denominations of the bonds.
(6) The form of the bonds, which shall be either bearer or
registered.
(7) The registration privileges of the bonds.
(8) The manner in which the bonds are to be executed.
(9) The place or places at which the bonds shall be payable in
lawful money of the United States of America.
(10) The terms of redemption of the bonds.
(d) After giving due consideration to the recommendations of the
participating district or districts, the revenue bonds of the
authority shall be sold by the Treasurer at either a public or
private sale at a price or prices, and upon the terms and conditions
prescribed by the authority. The revenue bonds of the authority may
be sold at, above, or below the par value of the bonds.
(e) Pending the preparation of the definitive bonds, the authority
may issue interim receipts or certificates or temporary bonds which
shall be exchanged for the definitive bonds.
(f) Any resolution authorizing the issuance of any bonds of the
authority, or any issue of revenue bonds of the authority, may
include any of the following provisions:
(1) Provisions pledging all or any part of the proceeds of the
bonds or revenue of a project or loan.
(2) Provisions concerning the replacement of mutilated, destroyed,
stolen, or lost bonds.
(3) Provisions specifying insurance to be maintained on the
project and the authorized uses of the proceeds of the insurance.
(4) Covenants against the mortgaging or otherwise encumbering,
selling, leasing, pledging, placing a charge upon, or otherwise
disposing of the project prior to the payment of the bonds issued to
finance the project.
(5) Provisions specifying the events of default, terms upon which
the bonds may be declared due before maturity, and the terms upon
which the declaration and its consequences may be waived.
(6) The rights, liabilities, powers, and duties arising upon the
breach of any covenants, conditions, or obligations.
(7) Vesting of the right to enforce covenants in a trustee.
(8) The terms upon which all or any percentage of the bondholders
may enforce covenants or duties.
(9) Procedures for amending the terms of the resolution, with or
without the consent of the holders of a specified number of bonds.
(10) Provision for any other acts or things deemed necessary,
convenient, or desirable by the authority to secure the bonds or
improve their marketability.
(g) The validity of the authorization and issuance of any bond
issue shall not be affected by proceedings for the acquisition,
construction, or improvement of any project, or by contracts relating
to those proceedings. Any resolution authorizing the issuance of
any bonds of the authority may provide authorization for the bonds to
bear a statement certifying that they are issued pursuant to this
chapter. Bonds bearing such a statement shall be conclusively deemed
valid and issued in conformity with this chapter. Reference on the
face of the bonds to the resolution by its date of adoption shall
incorporate the provisions of the resolution and of this chapter into
the terms of the bonds.
(h) Members of the authority, or any person executing the revenue
bonds of the authority, shall not incur personal liability on the
bonds, nor shall these persons incur personal liability or
accountability by reason of the issuance of the revenue bonds of the
authority.
(i) The authority is authorized, out of any funds available for
that purpose, to purchase revenue bonds of the authority. The
authority may hold, pledge, cancel, or resell any bonds purchased
under the authority of this subdivision, subject to, and in
accordance with, agreements with bondholders.
(j) The financing or refinancing of projects or working capital
may be provided pursuant to this chapter by means other than revenue
bonds, at the discretion of the authority, including financing or
refinancing through certificates of participation, or other
interests, in bonds, loans, leases, installment sales, or other
agreements of the participating district or districts. In this
connection, the authority may do all things and execute and deliver
all documents and instruments as may be necessary or desirable with
regard to issuance of the certificates of participation or other
means of financing or refinancing.
17183.5. In enacting this chapter, it is the intent of the
Legislature to provide financing only for projects demonstrated by
the participating district to be financially feasible. In
demonstrating financial feasibility, the participating district may
take into account all district funds, and may base future projections
upon historical experience or reasonable expectations, or a
combination thereof. Nothing in this section shall be construed to
imply that any project is required to produce revenue in order to be
financed under this chapter.
17184. (a) In the discretion of the authority, any revenue bonds
of the authority issued under this chapter may be secured by a trust
agreement, or by indenture by and between the authority and a
corporate trustee or trustees, including the Treasurer or any trust
company or bank having the powers of a trust company within or
outside the state.
(b) Any trust agreement, indenture, or any resolution providing
for the issuance of bonds of the authority, may pledge or assign the
proceeds of the bonds, and the revenues to be received by, a
participating district or districts.
(c) Any trust agreement, indenture, or resolution providing for
the issuance of revenue bonds of the authority may include any
provisions for the protection of, and the enforcement of the rights
and remedies of, bondholders as may be reasonable and proper and not
in violation of any law, including provisions included in any
resolution or resolutions of the authority provided under subdivision
(a) or (b).
(d) Any trust agreement or indenture may prescribe the rights and
remedies of the bondholders, and of the trustee or trustees, and may
restrict the individual right of action of the bondholders.
(e) Any trust agreement, indenture, or resolution may include any
other provisions deemed by the authority to be reasonable and proper
for the security of the bondholders.
(f) Notwithstanding any other provision of law, the Treasurer
shall not be deemed to have a conflict of interest by reason of his
or her capacity as trustee pursuant to this chapter.
17185. (a) Revenue bonds issued under this chapter are not and
shall not be deemed to constitute a debt or liability of the state,
or any political subdivision thereof, and are not and shall not be
deemed to be a pledge of the faith and credit of the state, or any
political subdivision thereof, other than the authority. Revenue
bonds of the authority shall be payable solely from funds provided
under this chapter.
(b) Each revenue bond of the authority shall include a statement
on the face of the bond that neither the State of California nor the
authority is obligated to pay the principal or interest thereon,
except from revenues of the authority, and shall also include a
statement that neither the faith or credit, nor the taxing power of
the State of California, or any political subdivision, is pledged to
the payment of the principal or interest of the bonds.
(c) The issuance of revenue bonds under this chapter shall not
directly, indirectly, or contingently obligate the state, or any
political subdivision thereof, to levy or pledge any form of
taxation, or make any appropriation for their payment.
17186. (a) Any holder of revenue bonds issued under this chapter,
or any coupons appertaining thereto, or the trustee or trustees
under any trust agreement, indenture, or resolution, may, either at
law or in equity, by suit, action, mandamus, or other proceedings,
protect and enforce any rights conferred under state law, by this
chapter, or under the terms of any trust agreement, indenture, or
resolution, except to the extent that these rights may be otherwise
restricted by any resolution authorizing the issuance of these bonds,
or by any trust agreement or indenture securing these bonds.
(b) Any holder of revenue bonds issued under this chapter, or any
coupons appertaining thereto, or the trustee or trustees under any
trust agreement, indenture, or resolution, may enforce and compel the
performance of all duties required under this chapter, or by any
trust agreement, indenture, or resolution, to be performed by the
authority, or by any officer, employee, or agent of the authority.
17187. All moneys received under this chapter, whether received
as proceeds from the sale of revenue bonds or as revenues, are trust
funds to be held and applied solely as provided in this chapter. Any
officer, bank, or trust company with whom those moneys have been
deposited, shall act as trustee of those moneys and shall hold and
apply them for those purposes, subject to the requirements of this
chapter and the resolution authorizing the bonds of any issue, or the
trust agreement or indenture securing those bonds, may provide.
17188. (a) The authority may provide for the issuance of the
revenue bonds of the authority for the purpose of refunding any
bonds, or any series or issue of the revenue bonds of the authority
then outstanding, and may include the payment of any redemption
premium for those bonds and any interest accrued or to accrue to the
date of redemption and purchase or maturity of those bonds.
(b) The proceeds of any bonds issued for the purpose of refunding
of outstanding bonds may, in the discretion of the authority, be
applied to the purchase or redemption prior to maturity or retirement
at maturity of the outstanding bonds on their earliest or any
subsequent redemption date or upon the purchase or at the maturity
thereof, or paid to a third person to assume the authority's
obligation to make those payments, and may, pending that application,
be placed in escrow to be applied to the purchase or retirement at
maturity or redemption on any date or dates as may be determined by
the authority.
(c) Any escrowed proceeds, pending such use may be invested and
reinvested in obligations or securities authorized by resolution of
the authority, maturing at any time or times as shall be appropriate
to assure the prompt payment, as to principal, interest, and
redemption premium, if any, of the outstanding bonds to be so
refunded. The interest, income and profits, if any, earned or
realized on any investment may also be applied to the payment of the
outstanding bonds to be so refunded or of interest in the refunding
bonds. After the terms of the escrow have been fully satisfied and
carried out, any balance of proceeds and interest, income profits, if
any, earned or realized on the investments thereof may be returned
to the authority for use by it in any lawful manner.
(d) All refunding bonds are subject to the provisions of this
chapter, in the same manner and to the same extent, as other bonds
issued pursuant to this chapter.
17189. (a) Revenue bonds issued by the authority under this
chapter shall be designated as securities in which all banks,
bankers, savings banks, trust companies, and other persons engaged in
a banking business; all insurance companies, insurance associations,
and other persons carrying on an insurance business; any
administrators, executors, guardians, trustees, and other
fiduciaries; and any other persons who are now or who may hereafter
be authorized to invest in bonds or other obligations of the state,
may properly and legally invest any funds, including capital
belonging to them or within their control.
(b) Revenue bonds issued by the authority under this chapter,
other notes or securities, or obligations are hereby made securities
which may properly and legally be deposited with, and received by,
any state or municipal officer, or agency of the state for any
purpose for which the deposit of bonds or other obligations of the
state are, or may hereafter be, authorized by law.
17190. (a) Any bonds issued under this chapter, their transfer,
and income therefrom shall at all times be free from taxation of
every kind by the state and by all political subdivisions of the
state.
(b) The authority is not required to pay any taxes or assessments
upon, or with respect to, any project or property acquired by or for
the authority under this chapter, or upon any income therefrom, or on
or from any other assets or operations of the authority.
17191. (a) The State of California pledges and agrees with the
holders of the bonds issued pursuant to this chapter, and with those
parties who may enter into contracts with the authority pursuant to
the provisions of this chapter, that the state will not limit, alter,
or restrict the rights hereby vested in the authority to finance
educational facilities. The State of California pledges and agrees
to fulfill the terms of any agreements made with the holders of bonds
authorized by this chapter, and with the parties who may enter into
contracts with the authority pursuant to this chapter, and pledges
and agrees not to impair the rights or remedies of the holders of any
revenue bonds or any parties until the bonds, together with
interest, are fully paid and discharged and any contracts are fully
performed on the part of the authority.
(b) The authority shall have the right to include the pledges made
pursuant to this section in its revenue bonds and contracts.
17192. (a) Pledges by or to the authority of revenues, moneys,
accounts, accounts receivable, contract rights, or other rights to
payment of any other kind made by or to the authority pursuant to
this chapter shall be valid and binding from the time the pledge is
made for the benefit of the pledges, and the successors thereto.
(b) The revenues, moneys, accounts, accounts receivable, and other
rights to payment of any other kind pledged by or to the authority
or its assignees, shall immediately be subject to the lien of the
pledge without physical delivery, or any further act. The lien of
any pledge shall be valid and binding against all parties,
irrespective of whether the parties have notice of the claim. The
trust agreement, indenture, resolution, or other instrument by which
any pledge is created need not be recorded.
17193. (a) The authority shall fix, revise, charge, and collect
rents for the use of each project owned by the authority, and may
contract with any person, partnership, association, corporation, or
other body, whether public or private, for that purpose. Any lease
entered into by the authority with a participating district, and each
agreement, note, or other instrument evidencing the obligations of a
participating district to the authority, shall provide that the
rents or principal, interest, and other charges payable by the
participating district shall be sufficient to provide for all of the
following:
(1) To pay the principal, sinking fund payments, if any, premiums,
if any, and the interest on outstanding bonds of the authority
issued in respect of the project when due and payable.
(2) To create and maintain reserves which may, but need not
necessarily be required or provided for, in the resolution relating
to the revenue bonds of the authority.
(3) To pay its share of the administrative costs and expenses of
the authority.
(b) The authority shall pledge the revenues derived and to be
derived from a project or from a participating district for the
purposes specified in paragraphs (1), (2), and (3) of subdivision
(a). The authority may issue additional revenue bonds which may be
ranked on a parity with other bonds relating to the project to the
extent, and under the terms and conditions provided, in the bond
resolution.
(c) The authority and a participating district may include in any
lease or agreement between them or with a credit provider any terms
and conditions relating to insurance, liquidity, or credit
enhancement of the bonds, or any other lawful terms and conditions
the authority deems necessary or desirable to facilitate the purposes
of this chapter.
17194. The authority may authorize any participating district to
act as its agent in the performance of acts specifically approved by
the authority, and all acts required under Article 3 (commencing with
Section 17280) of Chapter 3 of Part 10.5. The authorizations may
include, but are not necessarily limited to, all of the following:
(a) The selection of school or college sites.
(b) The securing of appraisals.
(c) Contracts for architectural services.
(d) The advertisement for construction bids and the entry into
contracts for construction.
(e) The purchase of furniture and equipment.
17195. Whenever the principal and interest on bonds issued by the
authority to finance the cost of a project, or to refinance the
outstanding indebtedness of one or more participating districts,
including any refunding bonds issued to refund and refinance those
bonds, have been fully paid or retired, or whenever adequate
provision has been made to fully pay and retire the bonds, and all
other conditions of the resolution, lease, trust indenture and any
security interest, or any other instrument or instruments authorizing
and securing the bonds have been satisfied and the lien of security
interest has been released in accordance with those provisions, the
authority shall promptly provide for and execute any releases,
release deeds, reassignments, deeds, and conveyances as are necessary
and required to convey or release its rights, title, and interest in
the project financed, to the participating districts.
17196. (a) This chapter shall be deemed to provide a complete,
additional, and alternative method for accomplishing the acts
authorized in this chapter, and shall be deemed as being supplemental
and additional to the powers conferred by other applicable laws,
except that the issuance of revenue bonds and refunding bonds and the
undertaking or projects or financings under this chapter need not
comply with the requirements of any other laws applicable to the
issuance of bonds, including, without limitation, Division 13
(commencing with Section 21000) of the Public Resources Code.
(b) Except as provided in subdivision (a), the financing of a
project under this chapter shall not exempt a project from any of the
requirements of law which are otherwise applicable to the project.
17197. To the extent that the provisions of this chapter are
inconsistent with any other provisions of any general statute, or a
special act or parts thereof, the provisions of this chapter shall be
deemed controlling.
17198. Any net earnings of the authority beyond that necessary
for the retirement of any obligations issued by the authority, or to
implement the purposes of this chapter, may inure only to the benefit
of the State of California or the authority.
17199. Upon the dissolution of the authority, title to all
property owned by the authority shall vest in the successor authority
created by the Legislature, if any, if the successor authority meets
the requirements of Section 103 of the federal Internal Revenue Code
of 1954, as amended, and its implementing regulations, as an
authority entitled to issue obligations on behalf of the State of
California, the interest from which is exempted from federal income
taxation.
In the event that a successor authority is not created, title to
all property owned by the authority shall vest in the State of
California.
17199.1. (a) Any participating district, exclusively for the
purpose of securing financing or refinancing of projects or working
capital pursuant to this chapter through the issuance of revenue
bonds, certificates of participation, or other means, and
notwithstanding any other provision of law, may issue bonds to the
authority or borrow money or purchase or lease educational facilities
from the authority, and in connection therewith, sell or lease
property to the authority, at any interest rate or rates, rental
provisions, with any maturity date or dates or term, and with any
other payment, security, default, remedy, and other terms or
provisions as may be specified in the bonds of the participating
district or a loan, loan purchase, installment sale, lease, or other
agreement between the authority and the participating district,
subject to the following conditions:
(1) The sum of the amount borrowed to finance working capital and
the interest payable thereon at the initial interest rate if interest
is variable, shall not exceed 85 percent of the estimated amount of
uncollected taxes, income, revenue, cash receipts, and other district
funds which will be available in any fiscal year for the repayment
of the loan and the interest thereon. For purposes of this
paragraph, "revenue" includes, but is not limited to, federal and
state funds received by the district.
(2) In computing the maximum amount which may be borrowed in any
fiscal year pursuant to paragraph (1), the district may exclude the
amount of any principal or interest which is secured by
a pledge of the amount in any inactive
or term deposit of the district which has a term scheduled to
terminate during that fiscal year.
(3) A participating district that borrows money to finance working
capital pursuant to this subdivision shall be required to repay and
discharge the loan within 15 months of the loan date.
(4) In enacting this chapter, it is the intent of the Legislature
to provide financing of working capital needed to cover temporary or
cash-flow deficits and needs for working capital and not long-term
budget deficits or shortfalls in funding. The participating school
district must demonstrate to the satisfaction of the authority that,
during the term of any working capital loan received pursuant to this
chapter, the participating district will receive or otherwise have
(without additional borrowing) sufficient funds to repay and
discharge the loan. The participating district may take into account
all district funds and may base future projections upon historical
experience or reasonable expectations, or a combination thereof.
(b) Any participating district may enter into any agreement for
liquidity or credit enhancement, with any reimbursement, payment,
interest, security, default, remedy, and other terms it may deem
necessary or appropriate in connection with the issuance of bonds,
the borrowing of money or the lease or purchase of educational
facilities, whichever is applicable. Any participating district or
districts may also do all things and execute all documents as may be
necessary or desirable in connection with the issuance of
certificates of participation, or other interests, in any bond, loan,
installment sale, lease, or other agreement of the district.
(c) A school district may by resolution authorize any county or
city board of education or superintendent of schools, and a community
college district may by resolution authorize the Board of Governors
of the California Community Colleges or the Chancellor of the
California Community Colleges, to act as its agent in the performance
of any of the matters permitted by this section or any other
provision of this chapter. Notwithstanding any other provision of
law, the agent shall have the powers granted by the resolution for
purposes of this chapter. The resolution shall be deemed to bind the
school district or community college district, as the case may be,
to any contract, agreement, instrument, or other document executed by
the agent on behalf of the school district or community college
district, and all duties, obligations, or responsibilities contained
therein on the part of the school district or community college
district, to the same extent as if duly authorized, executed, and
delivered by the school district or community college district.
(d) This section shall be deemed to provide a complete,
additional, and alternative method for accomplishing the acts
authorized by this section, and the issuance of bonds to, borrowing
of money from, or sale or purchase or lease of educational facilities
from or to, the authority. Any agreement entered into in connection
with the issuance of bonds, the borrowing of money or the sale,
purchase, or lease of educational facilities, including, without
limitation, any agreement for liquidity or credit enhancement under
this section, need not comply with the requirements of any other law
applicable to issuance of bonds, borrowing, selling, purchasing,
leasing, pledge, encumbrance, or credit, as the case may be, by a
school district or community college district, or by a county or
city board of education or superintendent of schools or the Board of
Governors of the California Community Colleges or Chancellor of the
California Community Colleges.
17199.2. An action may be commenced under Chapter 9 (commencing
with Section 860) of Title 10 of Part 2 of the Code of Civil
Procedure to determine the validity of any issuance or proposed
issuance of revenue bonds, the loan of the proceeds thereof, the
sale, purchase, or lease of facilities under this chapter, or the
legality and validity of any proceedings previously taken or proposed
in a resolution of the authority to be taken for the authorization,
issuance, sale, and delivery of the bonds, for the use of the
proceeds thereof, or for the payment of the principal and interest
thereon.
17199.3. (a) The total amount of revenue bonds which may be
issued and outstanding at any time under this chapter shall not
exceed four hundred million dollars ($400,000,000).
(b) For purposes of subdivision (a), bonds which meet any of the
following conditions shall not be deemed to be outstanding:
(1) Bonds which have been refunded pursuant to Section 17188.
(2) Bonds for which money or securities in amounts necessary to
pay or redeem the principal, interest, or any redemption premium on
the bonds have been deposited in trust.
(3) Bonds which have been issued to provide working capital.
SEC. 3. Part 10.5 (commencing with Section 17211) is added to the
Education Code, to read:
PART 10.5. SCHOOL FACILITIES
CHAPTER 1. SCHOOLSITES
Article 1. General Provisions
17211. Prior to commencing the acquisition of real property for a
new schoolsite or an addition to an existing schoolsite, the
governing board of a school district shall evaluate the property at a
public hearing using the site selection standards established by the
State Department of Education pursuant to subdivision (b) of Section
17251. The governing board may direct the district's advisory
committee established pursuant to Section 17388 to evaluate the
property pursuant to those site selection standards and to report its
findings to the governing board at the public hearing.
17212. The governing board of a school district, prior to
acquiring any site on which it proposes to construct any school
building as defined in Section 17283 shall 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. If the prospective schoolsite
is located within the boundaries of any special studies zone or
within an area designated as geologically hazardous in the safety
element of the local general plan as provided in subdivision (g) of
Section 65302 of the Government Code, the investigation shall include
any geological and soil engineering studies by competent personnel
needed to provide an assessment of the nature of the site and
potential for earthquake or other geologic hazard damage.
The geological and soil engineering studies of the site shall be
of such a nature as will preclude siting of a school in any location
where the geological and site characteristics are such that the
construction effort required to make the school building safe for
occupancy is economically unfeasible. No studies are required to be
made if the site or sites under consideration have been the subject
of adequate prior studies. The evaluation shall also include
location of the site with respect to population, transportation,
water supply, waste disposal facilities, utilities, traffic hazards,
surface drainage conditions, and other factors affecting the
operating costs, as well as the initial costs, of the total project.
For the purposes of this article, a special studies zone is an
area which is identified as a special studies zone on any map, or
maps, compiled by the State Geologist pursuant to Chapter 7.5
(commencing with Section 2621) of Division 2 of the Public Resources
Code.
17212.5. Geological and soil engineering studies as described in
Section 17212 shall be made, within the boundaries of any special
studies zone, for the construction of any school building as defined
in Section 17283, or if the estimated cost exceeds twenty thousand
dollars ($20,000), for the reconstruction or alteration of or
addition to any school building for work which alters structural
elements. The Department of General Services may require similar
geological and soil engineering studies for the construction or
alteration of any school building on a site located outside of the
boundaries of any special studies zone. No studies need be made if
the site under consideration has been the subject of adequate prior
studies.
No school building shall be constructed, reconstructed, or
relocated on the trace of a geological fault along which surface
rupture can reasonably be expected to occur within the life of the
school building.
A copy of the report of each investigation conducted pursuant to
this section shall be submitted to the Department of General Services
pursuant to Article 3 (commencing with Section 17280) of this
chapter and to the State Department of Education. The cost of
geological and soil engineering studies and investigations conducted
pursuant to this section may be treated as a capital expenditure.
17213. The governing board of a school district shall not approve
a project involving the acquisition of a schoolsite by a school
district unless all of the following occur:
(a) The lead agency, as defined in Section 21067 of the Public
Resources Code, determines that the property purchased or to be built
upon is not any of the following:
(1) The site of a current or former hazardous waste disposal site
or solid waste disposal site unless, if the site was a former solid
waste disposal site, the governing board of the school district
concludes that the wastes have been removed.
(2) A hazardous substance release site identified by the State
Department of Health Services in a current list adopted pursuant to
Section 25356 for removal or remedial action pursuant to Chapter 6.8
(commencing with Section 25300) of Division 20 of the Health and
Safety Code.
(3) A site which contains one or more pipelines, situated
underground or aboveground, which carries hazardous substances,
acutely hazardous materials, or hazardous wastes, unless the pipeline
is a natural gas line which is used only to supply natural gas to
that school or neighborhood.
(b) The lead agency, as defined in Section 21067 of the Public
Resources Code, preparing the environmental impact report or negative
declaration has consulted with the administering agency in which the
proposed schoolsite is located and with any air pollution control
district or air quality management district having jurisdiction in
the area, to identify facilities within one-fourth of a mile of the
proposed schoolsite which might reasonably be anticipated to emit
hazardous air emissions, or to handle hazardous or acutely hazardous
materials, substances, or waste. The lead agency shall include a
list of the locations for which information is sought.
(c) The governing board of the school district makes one of the
following written findings:
(1) Consultation identified none of the facilities specified in
subdivision (b).
(2) The facilities specified in subdivision (b) exist, but one of
the following conditions applies:
(A) The health risks from the facilities do not and will not
constitute an actual or potential endangerment of public health to
persons who would attend or be employed at the school.
(B) The governing board finds that corrective measures required
under an existing order by another jurisdiction which has
jurisdiction over the facilities will, before the school is occupied,
result in the mitigation of all chronic or accidental hazardous air
emissions to levels that do not constitute an actual or potential
endangerment of public health to persons who would attend or be
employed at the proposed school. If the governing board makes this
finding, the governing board shall also make a subsequent finding,
prior to the occupancy of the school, that the emissions have been
mitigated to these levels.
(d) As used in this section:
(1) "Hazardous air emissions" means emissions into the ambient air
of air contaminants which have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, hazardous air
emissions also means emissions into the ambient air from any
substance identified in subdivisions (a) to (f), inclusive, of
Section 44321 of the Health and Safety Code.
(2) "Hazardous substance" means any substance defined in Section
25316 of the Health and Safety Code.
(3) "Acutely hazardous material" means any material defined
pursuant to subdivision (a) of Section 25532 of the Health and Safety
Code.
(4) "Hazardous waste" means any waste defined in Section 25117 of
the Health and Safety Code.
(5) "Hazardous waste disposal site" means any site defined in
Section 25114 of the Health and Safety Code.
(6) "Administering agency" means any agency designated pursuant to
Section 25502 of the Health and Safety Code.
(7) "Handle" means handle as defined in Article 1 (commencing with
Section 25500) of Chapter 6.95 of Division 20 of the Health and
Safety Code.
17215. (a) In order to promote the safety of pupils,
comprehensive community planning, and greater educational usefulness
of schoolsites before acquiring title to property for a new
schoolsite, the governing board of each school district, including
any district governed by a city board of education, shall give the
Department of Transportation written notice of the proposed
acquisition and shall submit any information required by the
department if the proposed site is within two miles, measured by air
line, of that point on an airport runway or a potential runway
included in an airport master plan that is nearest to the site.
(b) If the Department of Transportation is no longer in operation,
the governing board of the school district shall, in lieu of
notifying the Department of Transportation, notify the United States
Department of Transportation or any other appropriate agency, in
writing, of the proposed acquisition for the purpose of obtaining
from the department or other agency any information or assistance
that it may desire to give.
(c) The Department of Transportation shall investigate the
proposed site and, within 30 working days after receipt of the
notice, shall submit to the governing board a written report and its
recommendations concerning acquisition of the site. As part of the
investigation, the Department of Transportation shall give notice
thereof to the owner and operator of the airport who shall be granted
the opportunity to comment upon the proposed schoolsite.
(d) The governing board shall not acquire title to the property
until the report of the Department of Transportation has been
received. If the report does not favor the acquisition of the
property for a schoolsite or an addition to a present schoolsite, the
governing board shall not acquire title to the property until 30
days after the department's report is received and until the
department's report has been read at a public hearing duly called
after 10 days' notice published once in a newspaper of general
circulation within the school district or, if there is no newspaper
of general circulation within the school district, in a newspaper of
general circulation within the county in which the property is
located.
(e) Except as provided in subdivision (e), if the Department of
Transportation in its report submitted to a governing board of a
school district does not favor acquisition of a proposed site that is
within two miles of the centerline of an active runway, no state
funds or local funds shall be apportioned or expended for the
acquisition of that site, construction of any school building on that
site, or for the expansion of any existing site to include that
site.
(f) This section does not apply to sites acquired prior to January
1, 1966, nor to any additions or extensions to those sites.
(g) If the recommendations of the Department of Transportation are
unfavorable, the recommendations shall not be overruled without the
express approval of the State Allocation Board.
17216. No action undertaken by the State Department of Education
or by any other state agency or by any political subdivision pursuant
to this chapter, or in compliance with this chapter, shall be
construed to affect any rights arising under the provisions of
Section 19 of Article 1 of the California Constitution.
17217. The governing board of a school district may acquire a
site for a school building contiguous to the boundaries of the
district and upon the acquisition of the site it shall become a part
of the district. The site shall not be acquired until the county
committee on school district organization of the county or of each of
the counties concerned has received the proposal for acquisition of
the site and reported its recommendations thereon to the governing
boards of the districts concerned and to each county superintendent
of schools concerned. The report of the county committee shall be
made within 60 days from the time the proposal for acquisition of the
site was submitted to it. The power of eminent domain may be used
for the purposes of this section.
A schoolsite is contiguous for the purpose of this section
although separated from the boundaries of the district by a road,
street, stream, or other natural or artificial barrier or
right-of-way.
17218. The governing board of a school district which has been
included in a school district unification proposal approved by the
electors of the territory involved pursuant to Chapter 2 (commencing
with Section 4206) of Part 3, may, prior to the time the new unified
school district becomes effective for all purposes, acquire a site
for a school building at any place within the new unified school
district, and upon the acquisition of the site it shall become a part
of the district pending the date when the new unified school
district becomes effective for all purposes. The site shall not be
acquired until the county committee on school district organization
of the county or of each of the counties concerned has received the
proposal for acquisition of the site and reported its recommendations
thereon to the governing boards of the districts concerned and to
each county superintendent of schools concerned. The report of the
county committee shall be made within 60 days from the time the
proposal for acquisition of the site was submitted to it.
17219. (a) Whenever a school district acquires or has acquired a
site for school purposes, as determined by the State Allocation
Board, and does not use the site within (1) five years of the date of
acquisition for the kindergarten, if any, and any of grades 1 to 8,
inclusive, maintained by an elementary school district or a unified
school district, or, (2) seven years of the date of acquisition for
any of grades 7 to 12, inclusive, maintained by a high school
district or a unified school district, or if a school district has a
site at any grade level that has previously been used but has not
been used for school purposes within the preceding five years, the
school district shall be subject to nonuse payments, unless the State
Allocation Board, from time to time, makes a determination that the
school district will utilize the property for the purpose for which
it was intended within a reasonable period of time, in a specific
amount for each additional year in which the site is retained and not
used by the district beyond the foregoing specified periods, except
the first additional year shall be deemed to end not earlier than
April 30, 1973.
(b) Payment shall not be required under this section as to any
site having a value of twenty thousand dollars ($20,000) or less.
Commencing on January 1, 1988, and annually thereafter, the State
Allocation Board shall increase this exemption figure by the amount
of the current fiscal year inflation adjustment specified in Section
42238.1, if any.
(c) The payments required shall be computed by the Executive
Officer of the State Allocation Board and certified to the
Controller, and payments shall be equal to one one-hundredth (1/100)
of the original purchase price of the site modified by either a
factor reflecting the change in assessed value of all lands in the
state from the date of purchase of the site to the current date or
any other factor that in the determination of the State Allocation
Board is applicable to the site under consideration.
(d) Whenever the State Allocation Board has determined that a
school district in good faith has, within the preceding year,
advertised the schoolsite for sale to the highest bidder pursuant to
the provisions of Article 4 (commencing with Section 17455) of
Chapter 4 of Part 10.5 and has received no bids that in the judgment
of the State Allocation Board reflect the fair market value of the
property, the Executive Officer of the State Allocation Board shall
not compute any nonuse payments for the site for a period of one year
beyond the date of the determination.
(e) Nonuse payments shall not be required for any year with
respect to a schoolsite that for one-half or more of the number of
days of that year has been utilized for any of the following
purposes:
(1) By the school district, or by any other governmental entity
pursuant to agreement with the school district, for school purposes,
for use as a civic center, or for community playground, playing
field, or other outdoor recreational purposes. "Civic center," for
this purpose, means a site used for one or more of the purposes
described in Section 40041.
(2) By the State Allocation Board, pursuant to agreement with the
school district, for the storage of emergency portable classrooms.
(3) By the school district, or by any other public or private
entity pursuant to agreement with the school district, for the
operation of a child care program.
(f) Nonuse payments shall not be required for any year with
respect to a schoolsite that was leased at least one-half of the days
in that year in a manner that subjected the site to property taxes
equal to the taxes that would have been paid if the site had been
sold.
17220. If the State Allocation Board determines a school district
to be exempt from the requirement to make nonuse payments for any
year as to any schoolsite on any basis authorized under subdivision
(e) or (f) of Section 17219, that exemption shall continue to apply
to that schoolsite for each subsequent year for which the
superintendent of the school district certifies to the State
Allocation Board, on a timely basis, that the basis of exemption
continues to exist.
17221. The amount of any nonuse payments required of any school
district under Section 17219 shall be reduced, without regard to
fiscal year, by the amount of the proceeds, resulting from the lease
of district property that is subject to that section, that are
expended by the district the payment of bond debt service costs that
are directly related to the actual construction of school facilities.
17222. The Controller shall, during the next fiscal year
following that in which the executive officer of the State Allocation
Board certifies to him or her the amount of payment, deduct the
total amount of the payment of each district in equal amounts from
each of the February, March, April and May installments of the
apportionments made to the district from the State School Fund under
Sections 46304, 46305, and 41050, Sections 41330 to 41343, inclusive,
and Sections 41600 to 41972, inclusive, whichever are in effect.
However, in no event shall the deductions exceed an amount which
would result in a district's receiving, in any school year, from the
State School Fund, less than one hundred twenty dollars ($120) per
pupil in average daily attendance in the district during the
preceding school year. On order of the Controller, the amount so
deducted shall be transferred to the State School Site Utilization
Fund which is hereby created.
17223. (a) Whenever a school district has either begun to use an
unused site or has sold that site within two years of the date the
Controller, pursuant to Section 17222, has deducted a certified
nonuse payment from the district's State School Fund apportionment,
the State Allocation Board shall certify that fact to the Controller.
The Controller shall then cease to withhold any additional payments
and shall return to the district from the State School Site
Utilization Fund the payments, without interest, which had been
withheld for the particular site during the prior fiscal year and the
current fiscal year.
(b) If the school district begins to use or has sold the site more
than two years after the aforesaid date, the State Allocation Board
shall so certify to the Controller and no further payments shall be
withheld as specified in Section 17222.
17224. Any funds in the State School Site Utilization Fund,
including interest, which are not subject to return to a school
district pursuant to Section 17223 shall revert to the General Fund.
Article 2. Disposal of Sites
17230. Notwithstanding the provisions of Article 4 (commencing
with Section 17455) of Chapter 4 of this part and in addition to the
requirements placed upon school districts pursuant to Section 54222
of the Government Code, the governing board of any school district
may sell, for less than fair market value, any school site that is
deemed to be surplus property of the district, to any park district,
city, or county in which the school district is wholly or partially
situated for use or partial use as park or recreational purposes or
open-space purposes if the governing board adopts a resolution
specifying that it will sell or transfer the property for less than
fair market value to such an entity for that purpose. The offer to
sell shall be made in writing, but the terms by which the property
may be sold or transferred need not be specifically provided.
17231. The sale or transfer may be made for cash and other
valuable consideration, or for other valuable consideration, as
deemed appropriate by the governing board of the school district.
The sale or transfer may be made without first taking a vote of the
electors of the district.
17232. A school district's offer to sell or transfer the land
shall be made to all park districts, cities, and counties in which
the school district is wholly or partially situated pursuant to this
article and shall remain open for not less than 60 days. The sale or
transfer shall be made to whichever public entity first accepts the
offer, or whichever public entity can negotiate satisfactorily for
the purchase or
transfer of the surplus land.
17233. Notwithstanding Article 4 (commencing with Section 17455)
of Chapter 4 of this part, Article 8 (commencing with Section 54220)
of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government
Code, or any other provision of law, any unimproved real property
that was acquired by a school district pursuant to Section 35270.5,
which property the governing board of the school district has deemed
to be surplus property of the district, may not be sold to any person
or entity within 20 years of its acquisition by the district unless
the district has first made a bona fide offer to sell the property to
the person or entity that owned the property at the time of its
acquisition by the district or, if applicable, offered to that person
or entity a right of first refusal of any bona fide offer acceptable
to the district made by another to purchase the property.
17234. The failure to comply with any provision of this article
shall not invalidate any sale or transfer of real property to a
purchaser or encumbrancer for value.
CHAPTER 2. NEW SCHOOLS RELIEF ACT OF 1979
17240. This chapter shall be known and may be cited as the New
Schools Relief Act of 1979.
17241. The Legislature hereby finds and declares that because of
the adoption of Article XIIIA of the California Constitution,
imposing limits on the ability of school districts to levy and
collect property taxes, it is necessary to create new revenues for
the construction of school facilities.
17242. It is the intent of the Legislature in enacting this
chapter to provide opportunities for school districts, the state, and
the private sector to cooperate to provide needed school facilities
in growth impacted districts, and to facilitate innovative financing
and other techniques for growth impacted districts to help meet new
school construction needs.
17243. As used in this chapter:
(a) "Board" means the State Allocation Board.
(b) "A school district with an anticipated increase in enrollment"
means a school district in which the level of enrollment is
projected by the district to be higher during any of the five years,
including the year in which the projection is made, than the year
preceding the year in which the projection is made. Projections shall
be made pursuant to regulations adopted by the board.
(c) "Private developers" means individuals or corporations owning
land, facilities, or both; or, in the business of developing land for
construction purposes, constructing facilities on developed land, or
both.
17244. Notwithstanding any other provision of law, a school
district with an anticipated increase in enrollment is authorized to
lease land and facilities from a private developer with funds
provided by one or more of the following sources, subject to
regulations established by the board:
(a) Funds provided by the state for the purposes of school
construction (1) in the Budget Act, (2) in separate legislation, (3)
from the sale of bonds, the issuance of which was approved by the
voters of the state prior to January 1, 1980, provided that the
purposes for which the issuance of the bonds was approved encompassed
the purposes of this section; or (4) from the sale of bonds, the
issuance of which may be approved on or after January 1, 1980, by the
voters of the state for the purposes of school construction, among
other purposes.
(b) Funds the district has borrowed from the state and which the
district is in the process of repaying, provided that nothing in this
section shall be construed as terminating, delaying, or otherwise
interrupting the district's schedule of repayments for the funds.
(c) Available capital reserves from the district's general fund or
special funds of the district, provided the purposes of this section
do not conflict with the purposes for which the funds may be used.
(d) Proceeds from the sale or lease of unneeded facilities,
provided that nothing in this section shall be construed to have any
of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of
regular repayments for the district's obligations to the state.
(2) To relieve the district from any obligation to the state,
except to the degree that such district may retain that portion of
the proceeds from the sale or lease of unneeded facilities necessary
to lease land and facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing
to the state from the lease or sale of unneeded facilities in excess
of the amount necessary to lease land and facilities pursuant to this
section.
17245. Notwithstanding any other law, a school district with an
anticipated increase in enrollment is authorized to construct school
facilities authorized within state school building aid standards, and
subject to regulations established by the board, with funds from the
following sources:
(a) Available capital reserves from the district's general fund or
special funds of the district, provided the purposes of this section
do not conflict with the purposes for which the funds may be used.
(b) Proceeds from the sale or lease of unneeded facilities
provided that nothing in this section shall be construed to have any
of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of
regular repayments for the district's obligations to the state.
(2) To relieve the district from any obligation to the state,
except to the degree that the district may retain that portion of the
proceeds from the sale or lease of unneeded facilities necessary to
construct facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing
to the state from the lease or sale of unneeded facilities in excess
of the amount necessary to construct facilities pursuant to this
section.
CHAPTER 3. CONSTRUCTION OF SCHOOL BUILDINGS
Article 1. State Department of Education: Powers and Duties
17251. The State Department of Education shall:
(a) Upon the request of the governing board of any school
district, advise the governing board on the acquisition of new school
sites and, after a review of available plots, give the governing
board 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 may purchase a site deemed
unsuitable for school purposes by the State Department of Education
only after reviewing the department's report on proposed sites at a
public hearing. The department shall charge the school district a
reasonable fee for each school site 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 selection standards and shall notify the
governing board of the results of the investigation. If that
notification is received prior to the acquisition of the site, the
governing board 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 plans and specifications for school buildings in the
district.
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 district, advise
the governing board concerning the building needs, suggest plans for
financing a building program to meet the needs. The department
shall charge the 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 school site of hazardous substances, solid waste, safety,
hazardous air emissions, and other information as the department may
deem appropriate.
17252. All money collected by the State Department of Education
under the provisions of this article shall be available for the use
of the department pursuant to appropriations for any use that may
from time to time be made by the Legislature.
17253. (a) The Legislature finds and declares the following:
(1) The Department of Water Resources, pursuant to Division 3
(commencing with Section 6000) of the Water Code, exercises
regulatory control over dam safety in the State of California.
(2) The department approves all plans and specifications,
certifies that any dam is safe to impound water, periodically
inspects all dams for the continuing safety of all impounding
structures, and may revoke any certification allowing impoundment of
water if it is determined that the dam is a danger to life and
property.
(b) If the Department of Water Resources has asserted and
continues to exercise its regulatory control over the Domenigoni
Valley Reservoir Project, the State Department of Education, when
evaluating schoolsites, shall not require mitigation related to
potential dam breach inundation of the Domenigoni Valley Reservoir
Project.
Article 2. Plans
17260. As used in Sections 17260 to 17267, inclusive, "school
buildings" refers to only one-story schoolhouses of not more than
nine classrooms.
17261. The State Department of Education shall:
(a) Establish a pool of duplicate plans for school buildings
appropriate for school districts in rural areas. The series shall be
composed of plans designed to meet the requirements of school
districts located in rural areas of varying characteristics. The
plans may include landscape suggestions.
(b) Provide specifications for the design and construction of
school buildings.
17262. Any school district may request sets of any plans and
specifications appropriate for use in constructing a school building
of the type desired by the district. The plans and specifications
shall be furnished to the school district subject to the payment of
the actual expense incurred by the State Department of Education, but
the expense shall not exceed more than 2 percent of the total cost
of the project. Any payments received for the plans and
specifications shall be paid into the State Treasury to the credit of
the General Fund.
17263. The plans and specifications for any school building as
defined in Section 17283, together with estimates of cost, shall be
submitted by the board to the Department of General Services for
approval.
17264. (a) Commencing January 1, 1992, all plans and
specifications for the construction of a new or modernized elementary
school building shall be designed to provide appropriate space,
consistent with the needs of the attendance area of the school, to
accommodate before-school and after-school child care programs. The
State Allocation Board may waive this requirement if it determines
that the school district will experience an educational or financial
hardship in this accommodation.
(b) For purposes of this section, first consideration in the
design of space to be used for the before-school and after-school
child care programs shall be within the multipurpose room.
(c) For purposes of this section, the terms "new construction" and
"modernization" shall have the same meaning as those words are used
in Chapter 12 (commencing with Section 17000) of Part 10.
(d) No funding shall be made available to any childcare program or
facility pursuant to this chapter unless all of the following
conditions are met:
(1) The program facility is open to children without regard to any
child's religious beliefs or any other factor related to religion.
(2) No religious instruction is included in the program.
(3) The space in which the program is operated is not utilized in
any manner to foster religion during the time used for the program.
17265. All provisions of Sections 17280 to 17313, inclusive, are
made applicable to school buildings as defined in Section 17283
constructed from plans and specifications furnished under Sections
17260 to 17267, inclusive, except as otherwise provided in the latter
sections.
17266. The district shall furnish its own architect or structural
engineer, or both, for necessary structural engineering and
supervision of construction.
17267. The governing board of a school district shall, before
letting any contract for the construction of a school building as
defined in Section 17283 according to the plans and specifications,
file a set of the plans and specifications with the Department of
General Services accompanied by a fee in the amount fixed by Section
17300.
17268. (a) The governing board of a school district shall not
approve a project for the construction of a new school building, as
defined in Section 17283, unless the project and its lead agency
comply with the same requirements specified in subdivision (a) of
Section 17213 for schoolsite acquisition.
(b) For purposes of this section, the acceptance of construction
bids shall constitute approval of the project.
Article 3. Approvals
17280. (a) The Department of General Services under the police
power of the state shall supervise the design and construction of any
school building or, if the estimated cost exceeds twenty thousand
dollars ($20,000), the reconstruction or alteration of or addition to
any school building, to ensure that plans and specifications comply
with the rules and regulations adopted pursuant to this article and
building standards published in Title 24 of the California Code of
Regulations, and to ensure that the work of construction has been
performed in accordance with the approved plans and specifications,
for the protection of life and property. Nothing in this section
shall be construed to allow a school district to perform work with
its own forces in excess of the limitations set forth in Sections
17595 and 17599. In calculating the cost of any project of
reconstruction or alteration of, or addition to, any school building
for the purpose of determining the applicability of the rules and
regulations adopted pursuant to this article and building standards
published in Title 24 of the California Code of Regulations, the
Department of General Services shall not include, as an element of
that cost, any expenses of air-conditioning equipment or insulation
materials for that building, or of installing the equipment or
materials.
(b) Whenever repairs due to fire damage, not including any damage
caused by wind or earthquake, must be made to any school building
previously approved by the Department of General Services, the
approved plans and specifications used in the original work under
then existing rules, regulations, and building standards may be used
without modification, providing all other provisions of this article
are carried out.
(c) Notwithstanding any other provision of law, no school district
shall be authorized to construct or reconstruct any school building,
regardless of the source of funding, unless and until the governing
board of the district, by resolution, has indicated the agreement of
the district that any school building construction or reconstruction
that exceeds those construction cost and allowable area standards or
any allowable building area computed for an attendance area pursuant
to Section 17041 shall, in the event of the district's subsequent
application for state funding for school facility construction, be
deducted from the allowable building area for which the district
would otherwise have been eligible, which restriction shall not be
subject to waiver or exception as otherwise may be provided by law.
If it is determined that, for any reason, a school district failed
to comply with the requirement of this section, the district shall
not be eligible for any additional building area pursuant to Section
17049 and may be denied any time priority established for the
particular project pursuant to Section 17016.
17281. This article, together with Article 6 (commencing with
Section 17365), and Article 7 (commencing with Section 81130) of
Chapter 1 of Part 49, shall be known and may be cited as the "Field
Act."
17282. (a) It is the intent of the Legislature to expedite the
repair, alteration, and reconstruction of school facilities that have
been damaged or destroyed by fire, earthquake, flood, or other
manmade or natural disasters, to return those school facilities to a
condition that makes them useful to school districts in the least
amount of time and at the lowest appropriate cost while maintaining
the integrity and safety of the structure as required by the laws of
this state.
(b) Notwithstanding any other law, if a school facility has been
damaged or destroyed by fire, earthquake, flood, or other manmade or
natural disaster, all reviews or approvals required by this article
shall be expedited. In no event shall any review or approval exceed
60 days, excluding weekends and holidays, from the date of receipt of
all complete plans, specifications, and documentation for the
facilities from the district.
(c) If, upon review, the plans or specifications require minor
amendment or modification, these minor amendments or modifications
shall not delay the completion of the review or approval beyond the
60-day requirement specified in subdivision (b) unless the amendment
or modification constitutes a major substantive change affecting the
entire project. While any minor amendments or modifications are
being undertaken, the remainder of the project shall continue under
review so that a timely and adequate review may be completed within
the 60-day requirement of subdivision (b).
(d) A state agency that is required to perform any review or
approval under this article may hire additional personnel or incur
any additional costs necessary to perform the review or approval
within the time limits set forth in this section and shall charge the
district a fee not to exceed the actual cost of the review or
approval.
(e) As used in this section, "damaged" means damages to the extent
that occupancy is precluded based upon a report of an architect or a
structural engineer and the concurrence of the Department of General
Services in the report's conclusion that the occupancy of the
premises is precluded.
(f) The expedited review and approval required by this section
shall not apply if the documents are not submitted within six months
of the damage to, or destruction of, the facilities.
17283. "School building" as used in this article means and
includes 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
created by or authorized to act by an agreement under joint exercise
of power, or by the United States government, or any agency thereof.
17284. Any school building, as defined in Section 17283, operated
by a county official, board, or commission which on the effective
date of this section is in violation of this article, if compliance
therewith was otherwise required, may be continued in use as a school
building after June 30, 1975, provided that no building shall be
operated after that date unless the county official, board, or
commission requests and obtains from the State Allocation Board
authority for use of the building for a specific period after that
date.
Concurrent with the request the county official, board, or
commission shall file with the State Allocation Board a statement or
resolution declaring an intention to utilize the building as a school
building after June 30, 1975, pending its repair, reconstruction, or
replacement.
The State Allocation Board shall not authorize the county
official, board, or commission to use the building after June 30,
1975, unless it has first determined that the affected authority has
already proceeded with a plan of total repair, reconstruction, or
replacement in a timely manner and the contract has been let for any
phase of, and work commenced on, the project.
In no event shall the State Allocation Board authorize the use of
these unsafe facilities for a period extending beyond the completion
of the replacement facilities or beyond June 30, 1977, whichever
occurs first.
17285. (a) Notwithstanding any provision of law except Sections
17286, 17287, and 17405, a leased building that does not meet the
requirements of Section 17280 may not be used as a school building,
as defined in Section 17283, after September 1, 1990.
(b) Notwithstanding any other provision of law, a building leased
pursuant to Section 17280 may be used after September 1, 1991, as a
regional occupational center or program that does not meet the
requirements of Section 17280, provided the building satisfies all of
the following conditions:
(1) The facility is one of the following:
(A) A single story, wood-framed structure.
(B) A single story, light steel frame structure.
(C) A structure for which a structural engineer has submitted a
report that certifies that substantial structural hazards do not
exist, as to that structure. The governing board of the regional
occupational center or program, as provided for under Section
52310.5, shall review the report prior to approval of the lease and
may reject the report if there is any evidence of fraud regarding the
facts in the report.
(2) The building or structure complies with all applicable local
building standards and all applicable local health and safety
standards in the community in which it is located.
(3) The governing board of the regional occupational center or
program, as provided for under Section 52310.5, certifies to the
State Allocation Board that reasonable efforts have been made to
locate the regional occupational center or program in facilities that
conform to the seismic safety standards set forth in Part 2
(commencing with Section 2-101), Part 3 (commencing with Section
3-089-1), Part 4 (commencing with Section 4-403), and Part 5
(commencing with Section 5-102), of Title 24 of the California Code
of Regulations.
(c) On or before September 1, 1994, and every three years
thereafter, each governing board of a regional occupational center or
program shall report to the State Allocation Board on the facilities
utilized for the operation of that center or program and on efforts
to place the center or program in facilities that conform to the
seismic safety standards described in paragraph (3) of subdivision
(b).
17286. Where the primary use of either a building or complex
within which the building is situated, operated by an official or
board of a city, city and county or county, is for purposes other
than educational, such as, but not limited to, correctional,
forestry, or hospital purposes, the building shall not be considered
to be a "school building" within the meaning of Section 17283
notwithstanding any educational use thereof incidental to the primary
purpose.
17287. For the purposes of this article and Article 6 (commencing
with Section 17365), "school building" does not include (a) any
building of a school district or county superintendent of schools
which is used solely for classes or programs in outdoor science,
conservation, and forestry in accordance with Article 5 (commencing
with Section 8760) of Chapter 4 of Part 6 and which does not occupy,
in whole or in part, the same parcel of land upon which there is
situated any school maintained by the district or county
superintendent, or (b) agricultural education laboratory facilities
used primarily for plant and animal production or the storage of
materials, equipment, and supplies involved in this production.
17288. (a) Notwithstanding Section 17285, any high school pupil
who attends a class or classes on a campus of the University of
California or the California State University in order to receive
specialized educational services and opportunities authorized by
Chapter 6 (commencing with Section 58800) of Part 31 and any adult
attending a special education program established pursuant to Part 30
(commencing with Section 56000), is considered a pupil of that
campus for the purposes of Article 3 (commencing with Section 17280)
of Chapter 3 of Part 10.5. Any building or structure or portion of
building or structure that pupils occupy pursuant to this section
shall not be considered "school buildings" within the meaning of
Section 17283.
(b) The governing board of each school district, each county board
of education, or each county superintendent of schools, as
appropriate, shall notify, in writing, the parent or guardian of each
high school pupil who attends a class or classes authorized by
Chapter 6 (commencing with Section 58800) of Part 31 and each adult
attending a special education program established pursuant to Part 30
(commencing with Section 56000), prior to the pupil's attendance at
the class on a university campus that, although University of
California and California State University buildings are required to
conform to the rigorous standards of the Uniform Building Code (UBC),
the buildings on the university campuses may not meet the
requirements of Article 3 (commencing with Section 17280) of Chapter
3 of Part 10.5. This notice shall accompany, to the greatest extent
possible, any existing notification to parents or guardians regarding
specialized educational services and opportunities.
17289. In order to provide alternative, community-based
educational opportunities through independent study, any school
district or county office of education may request an exemption from
the State Allocation Board for a building or structure, or portion of
a building or structure, from the definition of "school buildings"
within the meaning of Section 17283. The exemptions may be granted
for no longer than two years and exemptions are renewable. An
exemption may only be granted if the school district or county office
of education
demonstrates to the satisfaction of the State Allocation Board all of
the following:
(a) The building or structure, or portion of building or
structure, satisfies all of the following:
(1) It is not located on a regular schoolsite.
(2) It complies with all applicable local building standards and
all relevant local health and safety standards in the community in
which it is located.
(3) It is used for independent study.
(4) It serves fewer than 25 pupils enrolled in kindergarten or any
of the grades 1 to 12, inclusive, at any one time in the building or
structure, or in a portion of a building or structure where the
remainder of the building or structure is not used for instructional
purposes.
(b) The use of the building or structure is critical to providing
an effective alternative, community-based program.
(c) The use of other buildings or structures that would meet
seismic safety standards for school facilities is not practical.
17290. (a) An owned relocatable building or structure that is to
be used for school purposes shall be subject to the provisions of
Article 3 (commencing with Section 17280) and Article 6 (commencing
with Section 17365). The governing board of a school district may
request and obtain from the State Allocation Board a one-time waiver
of Article 3 (commencing with Section 17280) and Article 6
(commencing with Section 17365) for a maximum of three years upon
presentation of satisfactory evidence to the State Allocation Board
that the district is proceeding in a timely manner with a program
that will eliminate the need for the owned relocatable facilities
within that time period.
(b) Notwithstanding subdivision (a), a waiver granted to a school
district pursuant to that subdivision prior to January 1, 1993, may
be renewed by the State Allocation Board for one additional period of
no more than three years, not extending past September 30, 1996.
However, any waiver granted to a school district that will expire on
or before September 30, 1996, is hereby extended until September 30,
1997.
(c) This section applies only to relocatable buildings or
structures owned by school districts on or before April 17, 1990, and
does not authorize school districts to purchase relocatable
buildings or structures to be used for school purposes which do not
comply with the provisions of Article 3 (commencing with Section
17280) and Article 6 (commencing with Section 17365) of this chapter.
(d) This section shall remain in effect only until September 30,
1997, and as of that date is repealed, unless a later enacted
statute, that is enacted before September 30, 1997, deletes or
extends that date.
17291. (a) An owned relocatable building or structure that is to
be used for school purposes shall be subject to the provisions of
Article 3 (commencing with Section 17280) and Article 6 (commencing
with Section 17365).
(b) This section shall become operative on September 30, 1997.
17292. (a) Notwithstanding any provision of law, an owned or
leased relocatable building that does not meet the requirements of
Section 17280 may be used as a school building through September 30,
2007, if all of the following conditions are met:
(1) The relocatable building is a single story structure with not
more than 2,160 square feet of interior floor area when all sections
are joined together.
(2) The relocatable building was constructed after December 19,
1979, and bears a commercial coach insignia of approval from the
Department of Housing and Community Development.
(3) The bracing and anchoring of interior overhead nonstructural
elements, such as light fixtures and heating and air-conditioning
diffusers, and the foundation system complies with the applicable
rules and regulations adopted pursuant to this article and published
in Title 24 of the California Code of Regulations.
(4) The building construction, including associated site
construction, except for the relocatable building defined in
paragraph (2), complies with the applicable rules and regulations
adopted pursuant to this article, Sections 4450 to 4458, inclusive,
of the Government Code, and Section 13143 of the Health and Safety
Code and the administrative and building standards published in Title
19 and Title 24 of the California Code of Regulations.
(5) The Department of General Services has issued a certification
of compliance with the requirements of this article.
(6) The relocatable building was in use for classroom purposes on
or before September 30, 1997.
(b) The Department of General Services may assess fees to carry
out the requirements of this section. Fees imposed pursuant to this
subdivision shall be equal to the costs associated with making the
certifications and inspections required by, and otherwise enforcing,
this section and shall be deposited in the Public School Planning,
Design, and Construction Review Revolving Fund.
(c) (1) Any relocatable building that has received a certification
of compliance from the Department of General Services pursuant to
subdivision (a) shall be reinspected for structural integrity by the
Division of the State Architect by December 31, 2002.
(2) Notwithstanding paragraph (1), any relocatable building that
has been moved from one site to another site and was inspected
between the years 2000 and 2002, inclusive, is exempt from the
requirements of paragraph (1).
(d) On or before September 30, 2007, the governing board of the
school district shall certify to the State Allocation Board by
resolution that the relocatable building is no longer being used as a
school building.
17292.5. (a) If the governing board of a school district operates
a program for expelled pupils, the governing board shall do one or
more of the following:
(1) Utilize available school facilities that conform to the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
(2) Apply for emergency portable classrooms pursuant to Chapter 25
(commencing with Section 17085) of Part 10.
(3) Enter into lease agreements for facilities, provided that the
facilities are limited to a structure where a structural engineer has
submitted a report that determines substantial structural hazards do
not exist.
(b) Before entering into any lease pursuant to paragraph (3) of
subdivision (a), the governing board of the school district shall
certify to the State Allocation Board that all reasonable efforts
have been made to locate the program in facilities that conform to
the structural safety standards listed in paragraph (1) of
subdivision (a).
(c) On or before September 1, 1996, and every three years
thereafter, each school district shall report to the State Allocation
Board on the facilities utilized for the operation of these programs
and efforts to place programs in facilities that conform with the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations.
17293. (a) On or after January 1, 1993, if a county
superintendent or school district elects to operate a new or expanded
pregnant and parenting teen program pursuant to Chapter 6.5
(commencing with Section 8910) of Part 6, the county superintendent
or school district may enter into lease agreements for school
facilities as set forth in subdivision (b), if both of the following
conditions are met:
(1) All available school facilities that conform to the
requirements of Article 3 (commencing with Section 17280) and Article
6 (commencing with Section 17320) have been utilized.
(2) If facilities meeting the requirements of paragraph (1) are
not available, the school district or county superintendent of
schools has applied to lease or purchase emergency portable
classrooms pursuant to Chapter 14 (commencing with Section 17085) of
Part 10 and the application was either not approved, or the portable
classrooms approved will not meet the needs of the county
superintendent of schools or the school district.
(b) Notwithstanding any other provision of law, the county
superintendent or the school district may enter into lease agreements
as follows:
(1) The lease may be for a period of up to five years if a report
and certification of safety is prepared by a structural engineer that
verifies that the building meets local safety standards and that
substantial structural hazards do not exist. The county board of
education or school district governing board, as the case may be,
shall review the report and certification prior to the approval of
the lease and may reject the report if there is evidence of fraud
regarding the facts in the report.
(2) Before entering into any lease, the county superintendent or
the school district shall certify that all reasonable efforts have
been made to locate programs in facilities that conform to paragraph
(1) or (2).
17294. "Construction or alteration" as used in this article
includes any construction, reconstruction, or alteration of, or
addition to, any school building.
17295. The Department of General Services shall pass upon and
approve or reject all plans for the construction or, if the estimated
cost exceeds twenty thousand dollars ($20,000), the alteration of
any school building. To enable it to do so, the governing board of
each school district and any other school authority before adopting
any plans for such school building shall submit the plans to the
Department of General Services for approval, and shall pay the fees
prescribed in this article.
Where the estimated cost of an alteration exceeds ten thousand
dollars ($10,000) but does not exceed twenty thousand dollars
($20,000), a structural engineer shall examine the proposed project
to determine if it is a nonstructural alteration or a structural
alteration. If he or she determines that the project is a
nonstructural alteration, he or she shall prepare a statement so
indicating. If he or she determines that the project is structural,
he or she shall prepare plans and specifications for the project and
shall observe the work of construction. A copy of the engineer's
report stating that the work does not affect structural elements, or
a copy of the plans and specifications for structural work, as the
case may be, shall be filed with the Department of General Services.
17296. Notwithstanding any other provision of law, any
school-based facility providing social services or support services,
or health care, that is established through agreements with local
governments and school districts pursuant to Chapter 5 (commencing
with Section 8800) of Part 6 or as part of an integrated children's
services program pursuant to Chapter 12.9 (commencing with Section
18986.40) of Part 6 of Division 9 of the Welfare and Institutions
Code, respectively, is located on school property, and meets all the
requirements of the Uniform Building Code and has been approved by
the building department of the appropriate local jurisdiction, as
well as those of the appropriate local jurisdiction, shall not be
required to obtain approval of plans by the Department of General
Services pursuant to Section 17295.
17297. Except as provided in Section 17298, before letting any
contract for any construction or alteration of any school building,
the written approval of the plans, as to safety of design and
construction, by the Department of General Services, shall be first
had and obtained.
17298. Before the commencement of any fabrication, construction,
or alteration of a relocatable school building of a type previously
approved by the Department of General Services, the written approval
of the plans, as to the safety and design of construction, by the
Department of General Services, shall be first had and obtained.
17299. In each case the application for approval of the plans
shall be accompanied by the plans and full, complete, and accurate
specifications, and structural design computations, and estimates of
cost, which shall comply in every respect with any and all
requirements prescribed by the Department of General Services.
17300. (a) The application shall be accompanied by a filing fee
in amounts as determined by the Department of General Services based
on the estimated cost of the work described in subdivision (a) of
Section 17280, according to the following schedule:
(1) For the first one million dollars ($1,000,000), a fee of not
more than 0.7 percent of the estimated cost.
(2) For all costs in excess of one million dollars ($1,000,000), a
fee of not more than 0.6 percent of the estimated cost.
The minimum fee in any case shall be two hundred fifty dollars
($250). If the actual cost exceeds the estimated cost by more than 5
percent, a further fee shall be paid to the Department of General
Services, based on the above schedule and computed on the amount by
which the actual cost exceeds the amount of the estimated cost.
(b) The fees determined pursuant to subdivision (a) shall be paid
in two installments, as specified by the Department of General
Services. The first installment shall be in an amount equal to 70
percent of the estimated cost calculated under subdivision (a), and
shall be paid at the time the application is submitted to the
department. The second installment shall be in an amount equal to 30
percent of the estimated cost calculated under subdivision (a), and
shall be paid no later than five working days after the applicant
accepts the bids for construction of the project for which the fees
are paid. This subdivision shall become operative January 1, 1994.
(c) The fee shall be paid to the Department of General Services,
including, but not limited to, a case in which the application is
referred under Section 17306 to a qualified plan review firm.
17301. (a) All fees received by the Department of General
Services pursuant to this chapter shall be paid into the State
Treasury and credited to the Public School Planning, Design, and
Construction Review Revolving Fund, which is hereby created.
Notwithstanding Section 13340 of the Government Code, all moneys in
the fund are hereby continuously appropriated for expenditure by the
Department of General Services to be applied, in the most efficient
and expeditious manner possible, to the expenses associated with the
review and approval of plans and specifications, and the supervision
of public school building construction, pursuant to this article and
Article 5 (commencing with Section 17350). The fees paid into the
fund shall not be used for or diverted to any other program or
purpose. Notwithstanding any other provision of law, any moneys in
the Architecture Public Building Fund on the effective date of this
section thereupon shall be transferred to the Public School Planning,
Design, and Construction Review Revolving Fund for expenditure in
accordance with this section.
Adjustments in the amounts of the fees, as determined by the
Department of General Services, may be made by the department within
the limits set forth in Sections 17300 and 17352 in order to maintain
a reasonable working balance in the fund.
(b) The Department of Finance shall provide for the audit of the
fund as needed to ensure that it is used solely for the purposes of
this article and that the amount of the fee charged does not exceed
what is necessary to cover the costs realized by the Department of
General Services in carrying out its responsibilities pursuant to
this article. The actual cost of the audit shall be paid from the
fund.
17302. (a) Except as provided in subdivision (b), all plans,
specifications, and estimates shall be prepared by a licensed
architect holding a valid certificate under Chapter 3 (commencing
with Section 5500) of Division 3 of the Business and Professions Code
or by a structural engineer holding a valid certificate to use the
title structural engineer under Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code, and the
observation of the work of construction shall be under the
responsible charge of such an architect or structural engineer.
(b) For the purposes of this section, a mechanical or electrical
engineer holding a valid certificate under Chapter 7 (commencing with
Section 6700) of Division 3 of the Business and Professions Code may
be in responsible charge of preparation of plans, specifications,
and estimates, and observation of the work of construction where the
work is, as determined by the Department of General Services, of the
kind normally performed by engineers certified in the particular
branch of engineering for which the engineer is certified. Any
architectural or structural work involved shall be the respective
responsibility of a licensed architect holding a valid certificate
under Chapter 3 (commencing with Section 5500) of Division 3 of the
Business and Professions Code, or a structural engineer holding a
valid certificate to use the title structural engineer under Chapter
7 (commencing with Section 6700) of Division 3 of the Business and
Professions Code.
17303. (a) The Department of General Services shall establish one
or more methods to ensure that each application has been completed
sufficiently by the applicant to enable the plan review to be
performed.
(b) Upon receipt of a complete application, the Department of
General Services shall inform the applicant of the period of time
that it anticipates to elapse prior to commencing review of the
applicant's plans. As necessary to ensure that this period of time
does not exceed an average, as calculated for each quarter of the
calendar year, of 15 working days, the department shall do one or
more of the following:
(1) Contract for assistance from one or more qualified plan review
firms pursuant to Section 17305.
(2) Employ additional staff on a temporary basis.
(3) Maximize the use of department staff through the use of
overtime or other appropriate means.
(4) Any other action determined by the department to have the
effect of expediting the review and approval process.
(c) Each application shall identify, for purposes of receiving the
notifications required under this subdivision, an employee of the
applicant school district and either the applicant's architect or
structural engineer. The Department of General Services immediately
shall notify that employee, and the identified architect or
structural engineer, when each of the following steps in the plan
review process occurs:
(1) The department requests the applicant's architect or
structural engineer to correct or complete any part of the
application.
(2) An application number is assigned to the application.
(3) Review of the applicant's plans is commenced.
(4) Review of the applicant's plans is completed and the
department returns the plans to the architect or structural engineer
for correction.
(5) Corrected plans are returned to the department by the
applicant's architect or structural engineer for final review and
approval.
(6) The department approves the plans and causes a final record
set of the plans to be printed in accordance with Section 17304.
(d) The Department of General Services may provide additional
notifications to applicants as it deems necessary.
17304. (a) Upon approving the plans submitted by an applicant
pursuant to this article, the Department of General Services shall
cause a final record set of the plans to be printed. The department
may contract with one or more private entities to perform that
printing at one or more of the regional area offices of the
department. The costs incurred pursuant to this subdivision shall be
paid by the applicant.
(b) No later than five working days after approving plans
submitted by an applicant pursuant to this article, the department
shall issue a final letter of approval to the applicant.
17305. (a) Notwithstanding Section 14952 of the Government Code,
the Department of General Services may contract with one or more
qualified plan review firms for assistance in performing the plan
review required under this article or Article 5 (commencing with
Section 17350).
(b) For purposes of this article, "qualified plan review firm"
means an individual or firm that is identified by the Department of
General Services as having appropriate expertise and knowledge of the
requirements that apply to school buildings under this article. The
department shall establish and maintain a list of the individuals
and firms so identified, and shall make that list available, upon
request, to school districts and other interested parties.
17306. (a) Upon submitting a complete application for review
under this article, the applicant may request that the Department of
General Services refer the documents necessary for the review of that
application to a qualified plan review firm operating under contract
with the department pursuant to Section 17305. The department
immediately shall grant the request if it anticipates that more than
15 working days will elapse prior to its commencing the review of the
applicant's plans. In addition, if more than 15 working days elapse
after the applicant submits the complete application before the
department commences review, the department immediately shall refer
the necessary documents to a qualified plan review firm if the
applicant so requests.
Upon completing the review, the qualified plan review firm shall
submit the documents referred to it for the review of the
application, together with the results of its review, to the
Department of General Services.
(b) The Department of General Services shall establish a procedure
governing the use by applicants of the review process alternative
described in this section, including, but not limited to, provisions
restricting the use of qualified plan review firms on the basis of
conflict of interest.
17307. No contract for the construction or alteration of any
school building, made or executed by the governing board of any
school district or other public board, body, or officer otherwise
vested with authority to make or execute a contract, is valid, and no
public money shall be paid for any work done under a contract or for
any labor or materials furnished in constructing or altering any
building, unless the plans, specifications, and estimates comply in
every particular with the provisions of this article and the
requirements prescribed by the Department of General Services and
unless the approval thereof in writing has first been had and
obtained from the Department of General Services.
17308. (a) The Legislature finds and declares that a number of
serious discrepancies in the interpretation of the structural
standards and architectural barrier requirements that apply to school
buildings under this chapter, and of the plan review procedures that
apply under this chapter, exist within the Department of General
Services, and within and between various firms utilized by the
department on a contract basis, applicant school districts, and
architects and structural engineers utilized by applicant school
districts.
(b) The Department of General Services shall provide training, on
an ongoing basis, to its employees and to the employees of
architectural and structural engineering firms that contract with the
department for the purposes of this chapter. The training shall
address all phases of the plan review process established under this
chapter, and shall be designed to ensure that all individuals who
develop and review school building plans obtain sufficient knowledge
of the rules, regulations, and standards that apply under this
chapter.
(c) The department shall make the training described in
subdivision (b) available to the employees of architectural and
structural engineering firms that contract with applicant school
districts for the purpose of this chapter, and to any other
individuals, firms, and government agencies that are involved in
school building design, construction, or inspection and that may
benefit from the training. The department may charge a fee for
training provided pursuant to this subdivision.
(d) The department shall develop and publish interpretations of
the structural standards, architectural barrier requirements, and
review procedures referred to in subdivision (a) as may be necessary
to remedy the interpretational discrepancies described in that
subdivision. These interpretational materials shall be updated at
least annually.
17309. From time to time, as the work of construction or
alteration progresses and whenever the Department of General Services
requires, the licensed architect or structural engineer in charge of
observation of construction or registered engineer in charge of
observation of other work, the inspector on the work, and the
contractor shall each make to the Department of General Services a
report, duly verified by him or her, upon a form prescribed by the
Department of General Services, based upon his or her own personal
knowledge, indicating that the work during the period covered by the
report has been performed and materials have been used and installed,
in every material respect, in compliance with the approved plans and
specifications, setting forth such detailed statements of fact as
are required by the Department of General Services.
The term "personal knowledge" as used in this section and as
applied to the architect, and the registered engineer, means the
personal knowledge which is obtained from periodic visits to the
project site of reasonable frequency for the purpose of general
observation of the work, and also which is obtained from the
reporting of others as to the progress of the work, testing of
materials, inspection and superintendence of the work that is
performed between the above-mentioned periodic visits of the
architect or the registered engineer. The exercise of reasonable
diligence to obtain the facts is required.
The term "personal knowledge" as applied to the inspector means
the actual personal knowledge which is obtained from his or her
personal continuous inspection of the work of construction in all
stages of its progress at the site where he is responsible for
inspection and, when work is carried out away from the site, that
personal knowledge which is obtained from the reporting of others on
the testing or inspection of materials and workmanship for compliance
with plans, specifications or applicable standards. The exercise
of reasonable diligence to
obtain the facts is required.
The term "personal knowledge" as applied to the contractor means
the personal knowledge which is obtained from the construction of the
building. The exercise of reasonable diligence to obtain the facts
is required.
17310. Except as provided in Section 18930 of the Health and
Safety Code, the Department of General Services may from time to time
make such rules and regulations as it deems necessary, proper, or
suitable to carry out the provisions of this article.
The Department of General Services shall adopt and submit building
standards for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13 of the Health and Safety
Code for the purposes described in this article.
17311. The Department of General Services shall make such
inspection of the school buildings and of the work of construction or
alteration as in its judgment is necessary or proper for the
enforcement of this article and the protection of the safety of the
pupils, the teachers, and the public. The school district, city,
city and county, or the political subdivision within the jurisdiction
of which any school building is constructed or altered shall provide
for and require competent, adequate, and continuous inspection
during construction or alteration by an inspector satisfactory to the
architect or structural engineer and the Department of General
Services. The inspector shall act under the direction of the
architect or structural engineer as the board may direct, and be
responsible to the governing board.
17312. Any person who violates any of the provisions of this
article or makes any false statement in any verified report or
affidavit required pursuant to this article is guilty of a felony.
17313. Upon written request by the governing board of any school
district or upon written request by at least 10 percent of the
parents having children enrolled as pupils in any school district as
certified to by the county superintendent of schools, the Department
of General Services shall make an examination and report on the
structural condition of any public school building of the district,
subject to the payment by the governing board of the actual expenses
incurred by the Department of General Services. Payment of the
expenses may be waived by the Department of General Services on
recommendation of the State Superintendent of Public Instruction when
it appears to him or her that the school district in which the
public school building is located cannot afford to pay them.
17314. Any public school building which has been approved by the
Department of General Services (formerly Division of Architecture)
for occupancy shall be deemed to meet the local building requirements
for use as a private school.
17315. (a) When a school building constructed in accordance with
plans and specifications approved by the Department of General
Services is completed, the notice of completion is filed, and all
final verified reports and all testing and inspection documents, as
required by this article or as required by the rules and regulations
adopted pursuant to this article, are submitted to and on file with
the Department of General Services, and all required fees paid by the
school district, the department shall issue a certification that the
school building complies with the requirements of this article.
Nothing in this article shall prevent beneficial occupancy by a
school district prior to the issuance of this certification.
(b) When a school building, constructed in accordance with
approved plans and specifications, is completed but final verified
reports, as are required under Section 39151, have not been submitted
to the Department of General Services due to the incapacitating
illness, death, or the default of any persons required to file such
reports, the Department of General Services shall, upon written
request of the school district, review all of the project records and
make such examinations as it deems necessary to enable it to certify
that the school building otherwise complies with the requirements of
this article. The Department of General Services may request the
school district to have made, reported, and verified any other tests
and inspections which the department deems necessary to complete its
examinations of the construction.
(c) The costs incurred by the Department of General Services in
connection with this section shall be paid by the school district.
The actual costs to perform the examinations, tests, and inspections
shall be an appropriate cost of the project to be paid from the
building funds of the district. Certification of the project by the
Department of General Services shall be withheld until all the costs
have been paid by the school district.
(d) This section shall not relieve any individual of his or her
responsibility to file verified reports, as required in Section
17309, or any other documents required by the rules and regulations
adopted pursuant to this article. This section shall not abrogate
the provisions of Section 17312.
17316. Any contract entered into by and between the governing
board of any school district and any certified architect or
structural engineer pursuant to Section 39148 shall provide that all
plans, specifications and estimates prepared pursuant thereto shall
be and remain the property of the school district.
Article 3.5. Earthquake Construction of Private Schools
17320. This article shall be known and may be cited as the
Private Schools Building Safety Act of 1986.
17321. The Legislature finds and declares all of the following:
(a) Most of California is subject to potentially devastating,
large-magnitude earthquakes.
(b) Earth scientists estimate that there is a greater than
50-percent probability that one or more damaging earthquakes will
occur in California between now and the end of the century.
(c) Not all students of private schools enjoy the same or
equivalent earthquake safety as is afforded to students of public
schools by the Field Act and other legislation.
(d) Modifications of building design, plan checking, and
inspection procedures can offer increased protection to private
school students.
17322. It is the intent of the Legislature that children
attending private schools be afforded life safety protection similar
to that of children attending public schools by having all of the
following:
(a) Private school structures designed and constructed in a manner
that minimizes fire hazards and resists the forces generated by
earthquakes, gravity, and winds to the extent necessary to ensure the
safety of occupants.
(b) The structural systems and details set forth in working
drawings and specifications carefully reviewed by responsible
enforcement agencies using qualified personnel, and the construction
process carefully inspected.
(c) Procedures for the design and construction of private school
structures to be subjected to qualified design review and
construction inspection.
(d) Nonstructural components, including, but not limited to,
ceiling systems, electrical equipment, and mechanical equipment given
adequate consideration during the design and construction process to
assure that they will not detract from occupant safety in the event
of an earthquake.
17323. For the purposes of this article:
(a) "Construction or alteration" means any construction of,
addition to, reconstruction of, or structural alteration to any
private school structure.
(b) "Enforcement agency" means the agency of a city, city and
county, or county responsible for building safety within its
jurisdiction.
(c) "Private school structure" means any building used for
educational purposes through the 12th grade by 50 or more persons for
more than 12 hours per week or 4 hours in any one day. Any
structure owned or operated by a public school district shall not be
affected by this article.
(d) "Structural engineer" means a person authorized to use the
title of structural engineer under Chapter 7 (commencing with Section
6700) of Division 3 of the Business and Professions Code.
(e) "Engineer of record" means the architect, if no structural
engineer or civil engineer has been retained for the structural
design.
(f) "Electrical engineer" means an electrical engineer, as defined
in Section 6702.1 of Chapter 7 of Division 3 of the Business and
Professions Code.
(g) "Mechanical engineer" means a mechanical engineer, as defined
in Section 6702.2 of Chapter 7 of Division 3 of the Business and
Professions Code.
(h) "Qualified inspector" means a person who is currently
certified by the International Conference of Building Officials or
who has demonstrated his or her competence to the satisfaction of the
enforcement agency as having expertise and experience in the
particular type of construction or operation requiring inspection.
17324. The appropriate enforcement agency that meets the
requirements of Sections 17331 and 17332 shall review the design and
inspect the construction, reconstruction, structural alteration, or
addition to any private school structure to the extent necessary to
ensure that drawings and specifications comply with the applicable
sections of the Uniform Building Code and to ensure that construction
work has been performed in accordance with the approved drawings and
specifications, and the provisions of this article.
17325. Private school structures of one-story Type V and Type II
N Construction, as defined by the Uniform Building Code, that are
2,000 square feet or less in floor area are exempt from the
provisions of this article.
17326. (a) Prior to adopting any drawings or specifications for
the private school structure, the governing board, authority, owner,
corporation, or other agency proposing to construct any private
school structure shall submit the design calculations, drawings, and
specifications of the private school structure to the appropriate
enforcement agency. The enforcement agency shall stamp the drawings
and specifications if the construction or alteration is approved by
the enforcement agency. Included with the stamp shall be the
signature of the qualified person referred to in Sections 17333 and
17334.
(b) The provisions of this section are not applicable to private
school construction or alteration contracts entered into prior to
July 1, 1987.
17327. The application for approval of the drawings and
specifications for private school structures shall be accompanied by
comprehensive and complete drawings, design calculations,
specifications, and a soil analysis at a level of detail appropriate
to the proposed structure and site, all of which shall comply with
the requirements prescribed by the enforcement agency. This review
shall not preclude incremental submission and approval of drawings
and specifications.
17328. The enforcement agency shall approve or reject all
drawings and specifications for the construction or alteration of
private school structures and in doing so shall review the submitted
design calculations, drawings, and specifications to ensure
compliance with the requirements of this article. A record shall be
kept by the enforcement agency indicating that design calculations,
drawings, and specifications have been reviewed and conform with the
applicable sections of the Uniform Building Code.
17329. All drawings and specifications shall be prepared under
the responsible charge of an architect, civil engineer, or structural
engineer, who shall sign all drawings and specifications that are to
be approved by the enforcement agency. Observation of the work of
construction shall be under the general responsible charge, as
defined by Section 6703 of Chapter 7 of Division 3 of the Business
and Professions Code, of the architect, civil engineer, or structural
engineer who signed the drawings, except that drawings and
specifications not involving architectural or structural conditions
may be prepared and the construction work may be administered by a
registered professional engineer qualified in the branch of
engineering that is appropriate to the drawings, specifications,
estimates, and construction work.
If the architect, civil engineer, or structural engineer is unable
to exercise general responsible charge of construction another
architect, civil engineer, or structural engineer shall be retained
to exercise general responsible charge of construction.
17330. Except as provided in Section 17326, on or after July 1,
1987, construction of a private school structure shall not commence
unless the structure's drawings and specifications comply with the
provisions of this article and the requirements prescribed by the
enforcement agency, and approval of those drawings and specifications
has been obtained from the enforcement agency.
17331. During construction or alteration of a private school
structure, the building owner shall provide for, and the local
enforcement agency shall require, special inspection by a qualified
inspector when needed, as determined by the local enforcement agency.
Continuous inspection is not required.
17332. An enforcement agency is qualified to undertake the review
of plans, drawings, and specifications for a private school
structure if the enforcement agency has a structural engineer, either
on its staff or under contract, that is responsible for all design
review conducted by the enforcement agency and the record prepared
under Section 17328.
17333. A jurisdiction whose enforcement agency does not meet the
qualifications specified in Sections 17331 and 17332 shall obtain
necessary qualified personnel to meet the requirements of this
article by contracting with other public agencies, private sector
firms, or individuals qualified to perform the necessary services.
17334. During the construction of a private school structure, the
enforcement agency shall require the engineer of record responsible
for the structural design, or that engineer's authorized
representative, to make periodic reviews of construction at the
construction site to observe compliance with the approved structural
plans, specifications, and change orders. The engineer of record in
general responsible charge of the work of construction, and the
registered professional engineer shall make a report, duly verified
by him or her through periodic review of construction, showing that
the work done during the period covered by the report has been
performed and that the materials used and installed are in accordance
with the approved drawings and specifications. Any detailed
statements of fact required by the enforcement agency shall be
included. These observations and statements shall not be relied upon
by others as acceptance of the work, nor shall they be construed to
relieve the contractor in any way of his or her obligations and
responsibilities under the construction contract.
"Periodic review of construction," as used in this section and as
applied to the architect, civil engineer, structural engineer, or the
registered professional engineer, means the knowledge that is
obtained from periodic visits of reasonable frequency to the project
site for the purpose of general observation of the work. It also
means the knowledge that is obtained from the reporting of others as
to the progress of the work, testing of materials, inspection, and
superintendence of the work that is performed between those periodic
visits of the architect, civil engineer, or structural engineer, or
the registered engineer. The exercise of reasonable diligence to
obtain the facts is required. "Periodic review of construction" does
not include responsiblity for superintendence of construction
processes, site conditions, operations, equipment, personnel, or
maintenance of a safe place to work or any safety in, on, or about
the site of work.
17335. Prior to the issuance of a Certificate of Occupancy, the
engineer of record shall state in writing to the enforcement agency
that, in exercising his or her reasonable professional judgment and
to the best of his or her knowledge, information, and belief, the
private school structure was constructed in substantial conformity
with the approved plans and specifications.
17336. Any person who willfully violates this chapter is guilty
of a misdemeanor.
Article 4. Building Schoolhouses
17340. The governing board of any school district may, and when
directed by a vote of the district shall, build and maintain a
schoolhouse.
17342. The governing board of any school district, whenever in
its judgment it is desirable to do so, may establish additional
schools in the district.
17343. The governing board of any school district may purchase
property and construct and equip buildings in an area after the legal
action has been taken that will result in annexation of the area to
the school district, but before the annexation has become effective.
Article 5. Factory-Built School Buildings
17350. It is the intent of this article to provide an alternative
procedure to Article 3 (commencing with Section 17280) for the
construction and installation of factory-built school buildings not
over 1,000 square feet in area designed or intended for use as school
buildings. As used in this article, a "factory-built building"
means any building designed or intended for use as a school building
which is either wholly manufactured or is in substantial part
manufactured at an offsite location in accordance with building
standards adopted and approved pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13 of the Health and Safety
Code and other regulations adopted by the Department of General
Services, to be assembled or erected on a schoolsite. Any such
building purchased or leased by a school district shall be deemed to
be the construction or alteration of a school building as those terms
are used in Article 2 (commencing with Section 17260) and Article 3
(commencing with Section 17280) of this chapter, and all of the
provisions of each of those articles, not inconsistent with the
provisions of this article, shall apply with respect to factory-built
buildings designed or intended for use as school buildings.
17351. Except as provided in Section 18930 of the Health and
Safety Code, the Department of General Services shall adopt
regulations for the safety of design and construction of
factory-built buildings for use as school buildings, and shall
prescribe procedures for the plans, specifications, methods of
construction, and estimates of cost of a factory-built school
building to be submitted to the department for approval as provided
in Section 17352. Except as provided in Section 18930 of the Health
and Safety Code, such regulations shall comply with but not be
limited by the provisions of Article 2 (commencing with Section
17260) and Article 3 (commencing with Section 17280) of this chapter.
The Department of General Services shall adopt and submit building
standards for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13 of the Health and Safety
Code for the purposes described in this section.
17352. A manufacturer of factory-built buildings designed or
intended for use as school buildings shall submit to the Department
of General Services and the State Department of Education for
approval, its plans, specifications, methods of construction, and
estimates of cost of such buildings. At the same time the
manufacturer shall pay to the Department of General Services a
deposit to be applied toward the actual expenses in an amount as
determined by the Department of General Services based on the
estimated cost of such factory-built buildings, but not exceeding 0.5
percent of such estimated cost. The minimum deposit in any case
shall be fifty dollars ($50). The manufacturer shall reimburse the
Department of General Services and the State Department of Education
for the actual expenses incurred by those departments in the review
of such plans and specifications.
All fees received by the Department of General Services pursuant
to this article are subject to the provisions of Section 17301.
17353. All plans, specifications and estimates shall be prepared
by a certified architect holding a valid license under Chapter 3
(commencing with Section 5500) of Division 3 of the Business and
Professions Code or by a structural engineer holding a valid
certificate to use the title structural engineer under Chapter 7
(commencing with Section 6700) of Division 3 of the Business and
Professions Code, and the supervision of the work of construction in
the factory shall be under the responsible charge of such an
architect or structural engineer.
17354. The Department of General Services, in accordance with
standards and procedures adopted pursuant to Section 17351, and as
such standards and procedures may thereafter be modified, shall
either approve or reject such plans, specifications, and methods of
construction. Approval shall not be given unless such plans,
specifications, and methods of construction are in accordance with
standards adopted by the department pursuant to Section 17351. The
department may establish procedures for the inspection of the
facilities and manufacturing processes of a manufacturer to determine
the manufacturer's ability to produce factory-built school buildings
in accordance with the plans, specifications, and methods of
construction which the manufacturer has submitted to the department.
The Department of General Services shall notify the State Department
of Education of its approval of a manufacturer's plans,
specifications, and methods of construction of a factory-built school
building.
17355. The Department of General Services shall provide for
competent, adequate, and continuous inspection during construction in
the factory to insure that all work has been performed and materials
used and installed, in every particular, in accordance with the
approved plans and specifications. The manufacturer shall reimburse
the department for the costs incurred for such inspection as
determined by the department.
17356. From time to time, as the work of construction in the
factory progresses and whenever the Department of General Services
requires, the certified architect or structural engineer in
responsible charge of the supervision of the work of construction in
the factory, the inspector on the work, and the manufacturer shall
each make to the Department of General Services a report, duly
verified by him or her, upon a form prescribed by the Department of
General Services, showing, of his or her own personal knowledge, that
the work during the period covered by the report has been performed,
and materials used and installed, in every particular, in accordance
with the approved plans and specification, setting forth such
detailed statements of fact as are required by the Department of
General Services.
17357. Upon the Department of General Services' approval of a
manufacturer's plans, specifications, and methods of construction of
a factory-built school building, a school district, whenever it is
otherwise required by any of the provisions of Article 2 (commencing
with Section 17260), or Article 3 (commencing with Section 17280) of
this chapter to submit to the Department of General Services or to
the State Department of Education the plans and specifications for
the construction of a school building may, instead, include in its
application for approval to each of such departments a notification
that it intends to utilize such factory-built school building. The
plans and specifications for the factory-built building to be
utilized shall be submitted with the application and notification for
identification purposes. Before granting its approval for the use
of such buildings, the Department of General Services shall insure
that the plans, specifications, and methods of construction of the
buildings have been approved and are in accordance with standards
adopted by the department pursuant to Section 17351 which are in
effect at the time the application for approval is passed upon by the
department. Whenever a school district complies with the
alternative procedure prescribed by this section it shall not be
required to pay the filing fee prescribed by Sections 17267 and
17300, except that a fee shall be charged for onsite work pursuant to
Section 17358. If the submitted plans and specifications have not
been previously approved the application shall be rejected. In such
case a new application together with required documents shall be
filed for approval of plans and specifications by either the
manufacturer pursuant to the provisions of Section 17352 or by the
school district pursuant to the provisions of Article 3 (commencing
with Section 17280) of this chapter.
17358. Whenever a school district has contracted for the purchase
or lease of a factory-built school building and where such building
is to be supported by foundations, underpinning, pedestals, or
similar type elements which extend more than 18 inches above natural
grade at any point, or on temporary blocks or jacks of any height,
all the provisions of Article 3 (commencing with Section 17280) of
this chapter shall apply to the design and construction of onsite
work except that, for fee purposes, only the estimated cost of onsite
work need be considered. The minimum amount in any case shall be
fifty dollars ($50).
17359. The provisions of Sections 17266, 17268, 17300, 17302, and
17309 shall not apply with respect to the manufacture, sale, or
lease of factory-built school buildings if this article is otherwise
complied with.
17360. Sections 17297, 17302, 17307, 17309, and 17311 shall not
apply with respect to the design and construction of onsite work
except where required Section 17358.
Article 6. Fitness for Occupancy
17365. The Legislature finds and declares as follows:
(a) By an urgency act (Stats. 1933, Ch. 59), the Legislature at
the 1933 General Session established reasonable minimum standards for
the design and construction of new school buildings, as now defined
in Section 17283. Although it was not required that then existing
school buildings incorporate these standards, it was intended by the
Legislature that in the intervening years continuous progress would
be made in the repair, reconstruction or replacement of such school
buildings.
(b) Progress toward this end has been outstanding since 1971 as a
result of state funds being made available for rehabilitating or
replacing structurally
unsafe school facilities.
17366. It is the intent of the Legislature to reexamine the
progress under this article from time to time. To enable it to do
so, and to expedite the provision of safe educational facilities for
California schoolchildren, the Legislature intends that the governing
board of each school district adopt a plan for the orderly repair,
reconstruction, or replacement of school buildings not repaired,
reconstructed, or replaced in accordance with this article.
17367. The governing board of any school district which has in
use for school purposes any school buildings which were not
constructed under approved plans and the supervision and inspection
requirements of Article 3 (commencing with Section 17280) of this
chapter shall have such buildings examined pursuant to this section
and shall have completed on or before January 1, 1970, the
examination, reporting and estimate requirements of this section and
Section 39223.
Whenever an examination of the structural condition of any school
building of a school district has been made by the Department of
General Services, or by any licensed structural engineer or licensed
architect for the governing board of the school district, or under
the authorization of law, and a report of the examination, including
the findings and recommendations of the agency or person making the
examination, has been made to the governing board of the district,
and the report shows that the building is unsafe for use, the
governing board of the district shall immediately have prepared an
estimate of the cost necessary to make such repairs to the building
or buildings as are necessary, or, if necessary, to reconstruct or
replace the building so that the building when repaired or
reconstructed, or any building erected to replace it, shall meet such
standards of structural safety as are established in accordance with
law. The estimate shall be based on current costs and may include
other costs to reflect modern educational needs. Also an estimate of
the cost of replacement based on the standards established by the
State Allocation Board for area per pupil and cost per square foot,
shall be made and reported.
The report required by this section shall include a statement that
each of the buildings examined is safe or unsafe for school use.
For the purpose of this statement the sole consideration shall be
protection of life and the prevention of personal injury at a level
of safety equivalent to that established by Article 3 (commencing
with Section 17280) of this chapter and the rules and regulations
adopted thereunder, disregarding, insofar as possible, such building
damage not jeopardizing life which would be expected from one
disturbance of nature of the intensity used for design purposes in
said rules and regulations.
The governing board, utilizing the information acquired from the
examination and report developed pursuant to this section, shall
establish a system of priorities for the repair, reconstruction, or
replacement of unsafe school buildings.
17368. "School building" as used in this article shall be limited
to any physical structure capable of being occupied by pupils, but
shall exclude, (a) any bleacher or grandstand with less than six rows
of seats, (b) any building which is used exclusively for warehouse,
storage, garage, or districtwide administrative office purposes, into
which pupils are not required to enter, and buildings utilized by
adult schools for off-campus, voluntary adult education courses or
registered apprentice courses, (c) any swimming pool, or (d) any yard
or lighting poles or flagpoles or playground equipment which does
not exceed 35 feet in height.
"School building" as used in this article excludes any building
owned or occupied by a unified school district, high school district,
or a county superintendent of schools which is used exclusively for
adult education purposes.
If any building so excluded was not constructed in accordance with
Article 3 (commencing with Section 17280) of this chapter and was
not repaired, reconstructed, or replaced in accordance with this
article, there shall be posted in a conspicuous place on such
building a public notice stating that such building does not meet the
structural standards imposed by law for earthquake safety.
17369. "School building" as used in this article excludes any
building operated by an official or board of a public entity for
purposes other than educational, notwithstanding any educational use
thereof incidental to the other primary purpose.
For purposes of this section, a public entity includes, but is not
limited to, a city, city and county, county, or special district,
but does not include a school district or county superintendent of
schools.
17370. Except as provided in Section 17371, nothing in this
article shall be construed as relieving any member of the governing
board of a school district of any liability for injury to persons or
damage to property imposed by law.
17371. No member of the governing board of a school district
shall be held personally liable for injury to persons or damage to
property resulting from the fact that a school building was not
constructed under the requirements of Article 3 (commencing with
Section 17280) of this chapter, if such governing board complies with
the provisions of this article. Such limit on liability shall
commence when such governing board initiates action to comply with
the provisions of Section 17367.
A licensed structural engineer or licensed architect employed by a
governing board to examine any school building under this article
shall not be held personally liable for injury to persons or damage
to property as a result of the structural inadequacy and failure of a
building, provided he or she has exercised normal professional
diligence in carrying out his or her functions under Article 3
(commencing with Section 39140) of this chapter and the provisions of
this article.
17372. No school building examined and found to be unsafe for
school use pursuant to Section 17367 and not repaired or
reconstructed in accordance with the provisions of this article, and
no school building which has never met the requirements of Article 3
(commencing with Section 17280) of this chapter, shall be used as a
school building for elementary or secondary school purposes after
June 30, 1975, unless the governing board of the school district has
requested and obtained from the State Allocation Board authority for
use of the building for a specific period beyond that date. Prior to
requesting this authority, the governing board shall adopt a
resolution declaring the board's intention to utilize the building as
a school building after June 30, 1975, pending its repair,
reconstruction, or replacement. The State Allocation Board shall not
authorize any school district to use a building beyond June 30,
1975, unless it has first determined that the school district has
already proceeded with a plan of total repair, reconstruction, or
replacement in a timely manner and a contract has been let for any
phase of, and work commenced on, the project. In no event shall the
State Allocation Board authorize the use of any unsafe facilities for
a period extending beyond the completion of the replacement
facilities or beyond June 30, 1977, whichever occurs first.
For purposes of this section, "school building" does not include
any portable building. Portable buildings may be used beyond June
30, 1975 to meet temporary housing needs until all repair,
reconstruction or replacement of all district school buildings is
complete or until June 30, 1977, whichever occurs first, provided
that the governing board of the district has requested and obtained
from the State Allocation Board authority for use of such portable
buildings. The State Allocation Board may grant this authority only
to those districts in which 20 percent or more of the schools are
subject to partial or complete reconstruction pursuant to Section
17367. Any portable buildings for which authority is granted for
temporary use pursuant to this section shall not be subject to
Article 3 (commencing with Section 17280) or Article 6 (commencing
with Section 17365) of this chapter during the period of the
authorized use.
17373. Notwithstanding any other provision of this article or
Article 9 (commencing with Section 16310) of Chapter 6 of Part 10,
whenever a school district does not have funds available to repair,
reconstruct, or replace the school buildings referred to in this
article or Section 16320, the school district shall apply for any
funds that may be necessary to accomplish the repair, reconstruction,
or replacement pursuant to Article 9. The school district shall
also accept any funds that are disbursed to the district pursuant to
Article 9, whether or not the funds constitute the maximum amount
applied for, and shall repay the funds in accordance with Article 9.
In cases in which funds derived from a tax increase levied pursuant
to Section 39230, as amended by Section 147 of Chapter 36 of the
Statutes of 1977, or Section 39230.5, as enacted by Section 2 of
Chapter 1010 of the Statutes of 1976, are utilized to match amounts
disbursed to a school district under an apportionment made pursuant
to Article 9 (commencing with Section 16310) of Chapter 6 of Part 10,
the disbursement and repayment may be made without the necessity of
a vote of the electorate of the district as prescribed in any
provision of Chapter 6 (commencing with Section 16000) of Part 10.
17374. Any revenue derived from an increase in the rate of tax
provided by Section 39230, as amended by Section 147 of Chapter 36 of
the Statutes of 1977, prior to July 1, 1975, and which is unexpended
on that date, may be used after July 1, 1975, by the governing board
of a school district to complete the corrective structural repair,
reconstruction, or replacement of any school building subject to
Section 17367 which had not been completed on that date.
Article 8. All-Purpose Recreational Stadium and Center
17375. The Governing Board of the Los Angeles Unified School
District, the City of Los Angeles, and the Board of Supervisors of
the County of Los Angeles may form a joint powers agency pursuant to
Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of
the Government Code for the financing, construction, and operation of
an all-purpose recreational stadium and center in the San Pedro area
of Los Angeles County.
The governing body of the joint powers agency shall be composed of
the following members:
(a) One member appointed by the Los Angeles County Board of
Supervisors.
(b) One member appointed by the City of Los Angeles.
(c) One member appointed by the governing board of the Los Angeles
Unified School District.
(d) Two members by a majority of the three members appointed
pursuant to subdivisions (a), (b), and (c).
17376. The Board of Supervisors of Los Angeles County may
establish a county service area pursuant to Chapter 2.2 (commencing
with Section 25210.1) of Part 2 of Division 2 of Title 3 of the
Government Code, for the construction and operation of the
recreational stadium and center, with the consent of both the City of
Los Angeles and the governing board of Los Angeles Unified School
District.
The boundaries of the county service area shall be prescribed by
the governing body of the joint powers agency.
17377. The governing body of the joint powers agency may,
pursuant to Article 2 (commencing with Section 6540) of Chapter 5 of
Division 7 of Title 1 of the Government Code, issue revenue bonds to
finance the construction of the all-purpose recreational stadium and
center.
17378. The governing body of the joint powers agency may,
pursuant to the terms of the joint powers agreement, rent the stadium
or center to any public or private entity. The proceeds of the
rental shall be used for the payment of principal and interest on the
revenue bonds and the operation and maintenance of the stadium and
center.
17379. The board of supervisors may have levied and collected a
tax within the county service area for the purpose of obtaining funds
for contribution to the joint powers agency for the operation and
maintenance of the stadium and center.
However, no such tax may be levied and collected unless a majority
of the voters of the county service area voting at an election
called for such purpose approve a ballot proposition authorizing the
levy and collection of such tax. The election may be called by the
board of supervisors.
The joint powers agency shall not undertake any financing or
construction of the all-purpose recreational stadium and center
unless and until such proposition is approved by the voters.
17380. The Legislature finds and declares that because of a
unique situation existing in the San Pedro area of the County of Los
Angeles regarding the possible acquisition of useful federal surplus
land, a general law, within the meaning of Section 16 of Article IV
of the California Constitution, cannot be made applicable.
CHAPTER 4. PROPERTY: SALE, LEASE, EXCHANGE
Article 1. Conveyances
17385. The governing board of any school district shall receive
in the name of the district conveyances for all property received and
purchased by it, and shall make in the name of the district
conveyances of all property belonging to the district and sold by it.
17386. The governing board of any school district shall have the
power to execute and deliver quitclaim deeds, either with or without
consideration to the owners of real property adjacent to any real
property owned by the school district, for the purpose of removing
defects in and otherwise clearing up the title to such adjacent real
property.
Article 1.5. Advisory Committees
17387. It is the intent of the Legislature that leases entered
into pursuant to this chapter provide for community involvement by
attendance area at the district level. This community involvement
should facilitate making the best possible judgments about the use of
excess school facilities in each individual situation.
It is the intent of the Legislature to have the community involved
before decisions are made about school closure or the use of surplus
space, thus avoiding community conflict and assuring building use
that is compatible with the community's needs and desires.
17388. The governing board of any school district may, and the
governing board of each school district, prior to the sale, lease, or
rental of any excess real property, except rentals not exceeding 30
days, shall, 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.
17389. A school district advisory committee appointed pursuant to
Section 17388 shall consist of not less than seven nor more than 11
members, and shall be representative of each of the following:
(a) The ethnic, age group, and socioeconomic composition of the
district.
(b) The business community, such as store owners, managers, or
supervisors.
(c) Landowners or renters, with preference to be given to
representatives of neighborhood associations.
(d) Teachers.
(e) Administrators.
(f) Parents of students.
(g) Persons with expertise in environmental impact, legal
contracts, building codes, and land use planning, including, but not
limited to, knowledge of the zoning and other land use restrictions
of the cities or cities and counties in which surplus space and real
property is located.
17390. The school district advisory committee shall do all of the
following:
(a) Review the projected school enrollment and other data as
provided by the district to determine the amount of surplus space and
real property.
(b) Establish a priority list of use of surplus space and real
property that will be acceptable to the community.
(c) Cause to have circulated throughout the attendance area a
priority list of surplus space and real property and provide for
hearings of community input to the committee on acceptable uses of
space and real property, including the sale or lease of surplus real
property for child care development purposes pursuant to Section
17458.
(d) Make a final determination of limits of tolerance of use of
space and real property.
(e) Forward to the district governing board a report recommending
uses of surplus space and real property.
17391. The governing board may elect not to appoint an advisory
committee pursuant to Section 17387 in the case of a lease or rental
to a private educational institution for the purpose of offering
summer school in a facility of the district.
Article 2. Leasing Property
17400. (a) Any school district may enter into leases and
agreements relating to real property and buildings to be used by the
district pursuant to this article.
(b) As used in this article, "building" includes each of the
following:
(1) One or more buildings located or to be located on one or more
sites.
(2) The remodeling of any building located on a site to be leased
pursuant to this article.
(3) Onsite and offsite facilities, utilities or improvements which
the governing board determines are necessary for the proper
operation or function of the school facilities to be leased.
(4) The permanent improvement of school grounds.
(c) As used in this article, "site" includes one or more sites,
and also may include any building or buildings located or to be
located on a site.
17401. As used in this article "lease or agreement" shall include
a lease-purchase agreement.
17402. Before the governing board of a school district enters
into a lease or agreement pursuant to this article, it shall have
available a site upon which a building to be used by the district may
be constructed and shall have complied with the provisions of law
relating to the selection and approval of sites, and it shall have
prepared and shall have adopted plans and specifications for the
building that have been approved pursuant to Sections 17280 to 17316,
inclusive. A district has a site available for the purposes of this
section under any of the following conditions:
(a) If it owns a site or if it has an option on a site that allows
the school district or the designee of the district to purchase the
site. Any school district may acquire and pay for an option
containing such a provision.
(b) If it is acquiring a site by eminent domain proceedings and
pursuant to Chapter 6 (commencing with Section 1255.010) of Title 7
of Part 3 of the Code of Civil Procedure, the district has obtained
an order for possession of the site, and the entire amount deposited
with the court as the probable amount of compensation for the taking
has been withdrawn.
(c) In the case of a district qualifying under Section 17410, if
it is leasing a site from a governmental agency pursuant to a lease
having an original term of 35 years or more or having an option to
renew that, if exercised, would extend the term to at least 35 years.
17403. The term of any lease or agreement entered into by a
school district pursuant to this article shall not exceed 40 years.
17404. Sections 17455 to 17480, inclusive, shall not apply to
leases made pursuant to this article.
17405. Any lease or agreement shall be subject to the following
requirements:
(a) A building or structure that is to be used for school purposes
shall be subject to the provisions of Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365). The
governing board of a school district may request and obtain from the
State Allocation Board authority for use of any building not meeting
the structural standards prescribed by Article 3 (commencing with
Section 17280) until September 1, 1990. After September 1, 1990, the
governing board of a school district may request and obtain from the
State Allocation Board a waiver of Article 3 (commencing with
Section 17280) for a maximum of three years. A building or facility
used by a school district under a lease or lease-purchase agreement
into which neither pupils nor teachers are required to enter or that
would be excluded from the definition of "school building," as
contained in Section 17368, shall not be considered to be a "school
building" within the meaning of Section 17283.
(b) Notwithstanding subdivision (a), a waiver granted to a school
district pursuant to that subdivision prior to January 1, 1993, may
be renewed by the State Allocation Board for one additional period of
no more than three years, not extending past September 30, 1996.
However, any waiver granted to a school district that will expire on
or before September 30, 1996, is hereby extended until September 30,
1997.
(c) Subdivision (a) shall not apply to trailer coaches used for
classrooms or laboratories if the trailer coaches conform to the
requirements of Part 2 (commencing with Section 18000) of Division 13
of the Health and Safety Code, and the rules and regulations
promulgated thereunder concerning mobilehomes, are not expanded or
fitted together with other sections to form one unit greater than 24
feet in width, are used for special educational purposes, and are
used by not more than 12 pupils at a time, except that the trailer
coaches may be used by not more than 20 pupils at a time for driver
training purposes.
(d) The site on which a leased relocatable structure is located
shall be owned by the school district, or shall be under the control
of the school district pursuant to a lease or a permit.
"Relocatable structure" is any structure that is designed to be
relocated.
(e) This section shall remain in effect only until September 30,
1997, and as of that date is repealed, unless a later enacted
statute, that is enacted before September 30, 1997, deletes or
extends that date.
17405. Any lease or agreement shall be subject to the following
requirements:
(a) A building or structure that is to be used for school purposes
shall be subject to the provisions of Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365). A
building or facility used by a school district under a lease or
lease-purchase agreement into which neither pupils nor teachers are
required to enter or that would be excluded from the definition of
"school building," as contained in Section 17368, shall not be
considered to be a "school building" within the meaning of Section
17283.
(b) Subdivision (a) shall not apply to trailer coaches used for
classrooms or laboratories if the trailer coaches conform to the
requirements of Part 2 (commencing with Section 18000) of Division 13
of the Health and Safety Code, and the rules and regulations
promulgated thereunder concerning mobilehomes, are not expanded or
fitted together with other sections to form one unit greater than 24
feet in width, are used for special educational purposes, and are
used by not more than 12 pupils at a time, except that the trailer
coaches may be used by not more than 20 pupils at a time for driver
training purposes.
(c) The site on which a leased relocatable structure is located
shall be owned by the school district, or shall be under the control
of the school district pursuant to a lease or a permit.
"Relocatable structure" is any structure that is designed to be
relocated.
(d) For purposes of interconnection of fire alarms, buildings
leased for 24 months or less shall be subject to Section 809 of the
Uniform Building Code until applicable regulations proposed by the
State Fire Marshal are adopted as part of Title 24 of the California
Code of Regulations.
(e) This section shall become operative on September 30, 1997.
17406. (a) Notwithstanding Section 17417, the governing board of
a school district, without advertising for bids, may let, for a
minimum rental of one dollar ($1) a year, to any person, firm, or
corporation any real property that belongs to the district if the
instrument by which such property is let requires the lessee therein
to construct on the demised premises, or provide for the construction
thereon of, a building or buildings for the use of the school
district during the term thereof, and provides that title to that
building shall vest in the school district at the expiration of that
term. The instrument may provide for the means or methods by which
that title shall vest in the school district prior to the expiration
of that term, and shall contain such other terms and conditions as
the governing board may deem to be in the best interest of the school
district.
(b) Any rental of property that complies with subdivision (a)
shall be deemed to have thereby required the payment of adequate
consideration for purposes of Section 6 of Article XVI of the
California Constitution.
17407. The governing board of any school district may enter into
an agreement with any person, firm, or corporation under which that
person, firm, or corporation shall construct, or provide for the
construction of, a building to be used by the district upon a
designated site and lease the building and site to the district. The
instrument shall provide that the title to the building and site
shall vest in the district at the expiration of the lease, and may
provide the means or method by which the title to the building and
site shall vest in the district prior to the expiration of the lease,
and shall contain such other terms and conditions as the governing
board of the district deems to be in the best interest of the
district.
The agreement entered into shall be with the lowest responsible
bidder who shall give the security that any board requires. The
board may reject all bids. For the purpose of securing bids the
board shall publish at least once a week for two weeks in some
newspaper of general circulation published in the district, or if
there is no paper, then in some paper of general circulation
circulated in the county, a notice calling for bids, stating the
proposed terms of the agreement and the time and place where bids
will be opened.
17408. The governing board of a school district shall call and
hold an election, pursuant to Section 17409 or 17412, before or after
entering a lease or agreement, as the case may be, except that if
the lease or agreement does not effect an increase in the existing
applicable maximum tax rate of the district, the election
requirements of this section shall not apply.
17409. Before entering into a lease or agreement pursuant
to this article, the governing board of the district shall call,
hold, and conduct an election in the manner provided in Section
42202, except that the ballot used in the election shall contain
substantially the words: "Shall the governing board of the ____
District purchase (a site, sites) prepare plans and specifications,
(the reference to the site or sites and plans and specifications
shall not be included if, prior to calling the election, the
governing board of the district has acquired a site or sites or
proposes to lease a site or sites and has prepared plans and
specifications) and lease (a site and, sites and) (a building,
buildings) to be constructed for use by the school district
(designating the location of the site or sites on which the building
or buildings will be constructed and generally describing the
building or buildings), and, for such purposes, shall the maximum tax
rate of the district be increased by not to exceed ____, such
increase to be in effect in the ____ District for the years 19_ to
__, be authorized and the amount of such increase used solely and
exclusively for such purposes?"
17410. (a) If, at an election held pursuant to Section 17409, or
the predecessor to that section, a majority of the electors voting on
the proposition voted "Yes," the governing board may call an
election pursuant to this section.
Before entering into one or more leases or agreements pursuant to
this section and this article, the governing board of the district
shall call, hold, and conduct an election in the manner provided in
Section 42202 of the Education Code, as it existed on December 31,
1979, except that the ballot used in the election shall contain
substantially the words: "Shall the governing board of the ____
District purchase (a site, sites) prepare plans and specifications
(the reference to the site or sites and plans and specifications
shall not be included if, prior to calling the election, the
governing board of the district has acquired a site or sites or
proposes to lease a site or sites or has prepared plans and
specifications) and lease (a site, sites) and (a building, buildings)
to be constructed for use by the school district (designating the
location of the site or sites on which the building or buildings will
be constructed and generally describing the building or buildings)
and for those purposes, shall the tax rate increase authorized on
(the date of the original election), be used solely and exclusively
for those purposes in addition to those approved by the majority of
electors at the election held pursuant to Section 17409, or the
predecessor to that section, on (the date of the original election)?"
If, at the election held pursuant to this section, a majority of
the electors voting on the proposition vote "Yes," the governing
board may proceed pursuant to this article to use that previously
authorized tax increase for the purpose or purposes authorized under
that election.
(b) It is the intent of the Legislature, in enacting this section,
to permit the levy of a tax to the extent authorized at an election
held pursuant to Section 17409, or the predecessor to that section,
as modified to permit the proceeds of that tax to be expended for the
purposes authorized at the election held pursuant to subdivision
(a).
17411. The governing board of the district, if the district
proposes at an election held pursuant to Section 17409 to lease more
than one building, may include in the ballot measure used in the
election a statement that the district reserves the right to lease
less than all of the proposed buildings designated in the ballot
measure. If such a statement is included in the ballot measure, the
governing board may at any time thereafter determine to not lease one
or more of the buildings included in the ballot measure, and such
determination shall not breach any obligation of the district to the
voters of the district.
17412. An election held pursuant to Section 17409 or Section
17413 shall be held in conjunction with either a statewide primary or
general election, or an election date specified in Section 2500 of
the Elections Code.
17413. In lieu of calling an election pursuant to Section 17409,
the governing board of a school district may call an election
pursuant to this section. Within 10 days after the governing board
has opened the proposals pursuant to Section 17417 or has adopted a
resolution pursuant to Section 17418 it may accept a proposal, if
proceeding under Section 17417, and execute the lease or agreement,
and immediately thereafter call an election pursuant to this section.
The governing board of the district shall call, hold, and conduct
an election in the manner provided in Section 42202, except that the
ballot used in the election shall contain substantially the words:
"Shall the governing board of the ____ District lease (a site (sites)
and) a building (buildings) to be constructed for use by the school
district (designating the location of the site or sites on which the
building or buildings will be constructed, and generally describing
the building or buildings and the cost thereof), and, for such
purposes, shall the maximum tax rate of the district be increased by
not to exceed ____, such increase to be in effect in the ____
District for the years 19__ to ____, be authorized and the amount of
such increase used solely and exclusively for such purposes?"
17414. If, at the election held pursuant to Section 17409 or
Section 17413, a majority of the electors voting on the proposition
vote "Yes," the governing board may proceed pursuant to this article.
17415. Whenever the electors of a school district, at an election
held pursuant to Section 17409 or 17413, have approved an increase
in the maximum tax rate of the district for the purpose of enabling
the district to enter into a lease or agreement for a site or
building, or both, and before the lease or agreement is entered into,
or during the term of the lease or agreement, territory is taken
from the district and annexed to or included in another district by
any means, the acquiring district shall automatically assume and
shall pay to the district from which the territory is transferred a
proportionate share of any remaining payments due under the lease or
agreement, as the payments become due, for so long as the lease or
agreement runs.
The acquiring district's proportionate share shall be in the ratio
which the total assessed valuation of taxable property in the
transferred territory bore to the total assessed valuation of taxable
property in the whole district from which the territory is
transferred for the year immediately preceding the date on which the
transfer became effective for all purposes.
This section shall be applicable only with respect to transfers of
school district territory which become effective for all purposes
after the effective date of enactment of this section, and shall be
applicable whether the election under Section 17409 or 17413 occurred
prior to or after the effective date of this section.
17416. (a) Unless the time allowed for the governing board to
enter into the lease agreement is extended pursuant to subdivision
(b), if the governing board of the district fails to enter into a
lease pursuant to this article within three years after an election,
held pursuant to Section 17409, at which a majority of the votes cast
favors the proposition submitted, the authorization for an increase
in the maximum tax rate shall become void.
(b) If litigation is filed challenging in any way the election
held pursuant to Section 17409 or the competitive bidding proceedings
or contract for the construction of the building to be used by the
district; compliance with the California Environmental Quality Act;
or the validity of or the proceedings for the issuance of any bonds,
notes, warrants, or other evidences of indebtedness of a nonprofit
corporation to be sold to finance construction of the building, the
authorization for an increase in the maximum tax rate shall not
become void because of the failure of the governing board to enter
into a lease pursuant to this article until three years after the
date upon which this subdivision becomes effective.
This subdivision shall apply only to school districts which had an
average daily attendance of 65,000 or more in the 1975-76 fiscal
year.
17417. After the governing board of a school district has
complied with Section 17402, it shall, in a regular open meeting,
adopt a resolution declaring its intention to enter into a lease or
agreement pursuant to this article. The resolution shall describe,
in any manner to identify it, the available site upon which the
building to be used by the district shall be constructed, shall
generally describe the building to be constructed and state that the
building shall be constructed pursuant to the plans and
specifications adopted by the governing board therefor, shall, if
that is the case, state the minimum yearly rental at which the
governing board will lease real property belonging to the district
upon which the building is to be constructed, and shall state the
maximum number of years for which the school district will lease the
building or site and building, as the case may be, and shall state
that the proposals submitted therefor shall designate the amount of
rental, which shall be annual, semiannual, or monthly, to be paid by
the school district for the use of the building, or building and
site, as the case may be. The resolution shall fix a time, not less
than three weeks thereafter for a public meeting of the governing
board to be held at its regular place of meeting, at which sealed
proposals to enter a lease or agreement with the school district will
be received from any person, firm, or corporation, and considered by
the governing board. Notice thereof shall be given in the manner
provided in Section 17469.
At the time and place fixed in the resolution for the meeting of
the governing body, all sealed proposals which have been received
shall, in public session, be opened, examined, and declared by the
board. Of the proposals submitted which conform to all terms and
conditions specified in the resolution of intention to enter a lease
or agreement and which are made by responsible bidders, the proposal
which calls for the lowest rental shall be finally accepted, or the
board shall reject all bids. The board is not required to accept a
proposal, or else reject all bids, on the same day as that in which
the proposals are opened.
17418. (a) As an alternative to obtaining sealed proposals as
required by Sections 17407 and 17417, the governing board may, in a
public meeting, adopt a resolution declaring its intention to enter
into a lease or agreement pursuant to this article with a nonprofit
public benefit corporation organized under the Nonprofit Public
Benefit Corporation Law (Part 2 (commencing with Section 5110) of
Division 2 of Title 1 of the Corporations Code) if the articles of
incorporation or bylaws of the nonprofit public benefit corporation
provide both of the following:
(1) That no person shall be eligible to serve as a member or
director of the corporation except a person initially approved by
resolution of the governing board of the school district.
(2) That no part of the net earnings of the corporation shall
inure to the benefit of any member, private shareholder, individual,
person, firm or corporation excepting only the school district.
(b) The resolution adopted by the governing board shall do all of
the following:
(1) Describe, in a manner to identify it, the available site upon
which the building to be used by the district shall be constructed.
(2) Generally describe the building to be constructed and state
that the building shall be constructed pursuant to the plans and
specifications adopted by the governing board therefor.
(3) If that is the case, state the minimum yearly rental at which
the governing board will lease real property belonging to the
district upon which the building is to be constructed.
(4) State the maximum number of years for which the school
district will lease the building, or building and site, as the case
may be.
(c) Any building constructed by a nonprofit public benefit
corporation pursuant to a lease or agreement entered into pursuant to
this section shall be constructed under a contract awarded to the
lowest responsible bidder pursuant to Article 42 (commencing with
Section 20670) of Part 3 of Division 2 of the Public Contract Code.
Section 17424 applies to the contract.
17419. Any bonds, notes, warrants, or other evidences of
indebtedness to be issued by a nonprofit corporation to finance the
construction of a building pursuant to a lease or agreement entered
into pursuant to Section 17418 shall be sold pursuant to Chapter 10
(commencing with Section 5800) of Division 6 of Title 1 of the
Government Code.
17420. All bonds, notes, warrants or other evidences of
indebtedness referred to in Section 17419 and the interest thereon,
and all bonds, notes, warrants, or other evidences of indebtedness
issued to refinance any bonds, notes, warrants, or other evidences of
indebtedness referred to in Section 17419 and the interest thereon,
are exempt from all taxation in the state other than inheritance,
gift and franchise taxes.
17421. Any building constructed for the use of a school district
pursuant to this article is subject to Sections 17280 to 17313,
inclusive.
17422. For the purposes of Sections 15102 and 15106 and Chapter 6
(commencing with Section 16000) of Part 10, 50 percent of any
remaining payments for use of the building or site and building which
would become due from the district under any leases and agreements
entered into by the district pursuant to this article, if the leases
and agreements were to run their full term, shall be considered
outstanding bonded indebtedness.
17423. No district shall enter into any lease or agreement
pursuant to this article if at the time 50 percent of any remaining
rental payments for use of the building or site and building which
would become due from the district pursuant to this article,
including the lease or agreement to be entered into, if the leases
and agreements were to run their full term, plus the total amount of
district bonded indebtedness outstanding at the time, shall exceed
7.5 percent for elementary school districts and high school districts
and 12.5 percent for unified school districts of the taxable
property of the district as shown by the last equalized assessment of
the county or counties in which the district is located. For the
purpose of this section, the taxable property of the district shall
be determined upon the basis that the district's assessed value has
not been reduced by the exemption of the assessed value of business
inventories in the district or reduced by the homeowners' property
tax exemption.
17424. The governing board of the school district shall obtain
the general prevailing rate of per diem wages from the Director of
the Department of Industrial Relations for each craft, classification
or type of workman needed for the construction of the building and
shall specify in the resolution and in the notice, required by
Section 17417, or in the resolution required by Section 17418 and in
the lease or agreement made pursuant to this article, what the
general prevailing rate of per diem wages and the general prevailing
rate for holiday and overtime work in the locality is for each craft,
classification or type of workmen needed for the construction of the
building. The holidays upon which such rate shall be paid need not
be specified by the governing board, but shall be all holidays
recognized in the collective-bargaining agreement applicable to the
particular craft, classification or type of workmen employed on the
project.
Any agreement or lease entered into pursuant to this article shall
require that such general prevailing rates will be paid. It shall
also require that work performed by any workman employed upon the
project in excess of eight hours during any one calendar day shall be
permitted only upon compensation for all hours worked in excess of
eight hours per day at not less than 11/2 times the basic rate of
pay. There may also be included in leases or agreements entered into
pursuant to this article any other requirements with respect to
matters related to the subject of this section which the governing
board deems necessary or desirable.
17425. The provisions of this article prevail over any provisions
of law which conflict therewith.
17426. All acts and proceedings taken prior to the effective date
of the enactment of this section, by or on behalf of any district
under this article, or under color of this article, for the
authorization of an increase in the maximum tax rate of the district
and for the leasing of a building or buildings for the purposes of
the district are hereby confirmed, ratified, validated, and declared
legally effective. This shall include all acts and proceedings of
the governing board of the district and of any person, public
officer, board, or agency, heretofore done or taken upon the question
of the authorization of the tax rate increase or the leasing.
Whenever an election has been called and held prior to the effective
date of the enactment of this section, for the purpose of submitting
to the voters of any district the question of an increase in the
maximum tax rate of the district and for the leasing of a building or
buildings for the purposes of the district, the election and all
proceedings attendant thereon are hereby confirmed, ratified,
validated, and declared to be legally effective for all purposes, and
the tax rate increase, if authorized by the required vote and in
accordance with the proceedings heretofore taken, shall be a legal
and valid authorization, in accordance with its terms, and any tax
heretofore or hereafter levied pursuant to that authorization shall
be legal and valid. The foregoing provisions of this section shall
operate to supply any legislative authorization that may be necessary
to validate the acts and proceedings heretofore taken which the
Legislature could have supplied or provided for in this article. The
foregoing provisions of this section shall be limited to the
validation of acts and proceedings to the extent to which the same
can be effectuated under the California and United States
Constitutions. The foregoing provisions of this section shall not
operate to confirm, ratify, validate, or legalize any act,
proceeding, or other matter the legality of which is being contested
or inquired into in any legal proceeding now pending and undetermined
or which may be pending and undetermined during the period of 30
days from and after the effective date of this section, and shall not
operate to confirm, ratify, validate, or legalize any act,
proceeding, or other matter which has heretofore been determined in
any legal proceeding to be illegal, void, or ineffective.
In any school district in which an election was called and held
prior to the effective date of this section in which the voters of
the district authorized an increase in the maximum tax rate of the
district and the leasing of a building or buildings for the purposes
of the district, the law in effect at the date of the school district
election shall govern the terms of the lease, the terms of the sale
of related bonds, notes, and warrants, and the school district's
maximum bonded indebtedness, and Section 17423 shall not be
applicable to the school district's entry into any lease or agreement
authorized at an election called and held prior to the effective
date of this section.
17427. The State Allocation Board shall consider community school
pupils housed in leased facilities that do not conform to the
requirements of Part 2 (commencing with Section 2-101), Part 3
(commencing with Section 3-089-1), Part 4 (commencing with Section
4-403), and Part 5 (commencing with Section 5-102), of Title 24 of
the California Code of Regulations as unhoused for the purposes of
determining priority for the leasing of portable classrooms pursuant
to Chapter 14 (commencing with Section 17085) of Part 10.
17428. The governing board of a school district may lease
property in an adjoining school district for garage, warehouse, or
other utility purposes or may purchase property in an adjoining
school district for those purposes and may dispose of the property in
the same manner as property within the boundary of the district is
purchased and disposed of.
The power of eminent domain shall not be applicable and the
acquisitions by purchase shall be subject to the approval of the
governing board of the school district in which the property is
located.
17429. (a) This section shall apply only to a school district in
which the electorate authorizes an increase in the maximum tax rate
of the district pursuant to this article for the lease of one or more
schools, and there exists at the time of the election on a site
owned by the district a school facility not owned by the district
meeting all of the requirements of Article 3 (commencing with Section
17280) of this chapter, which site and school facility are
designated and described in the ballot proposition approved by the
voters.
(b) Notwithstanding any other law, a school district may lease
from a California nonprofit corporation an existing school and may
pay rentals therefor from funds derived from the increase in the
maximum tax rate approved by the voters at an election. The purchase
price of the school paid by the nonprofit corporation to the owners
of the school shall not exceed the actual audited cost of
construction thereof including actual interest paid on money borrowed
to finance such construction. Prior to the purchase of the school
by the nonprofit corporation, an independent certified public
accountant shall be retained by the school district to verify the
actual cost of construction and any interest paid to finance the
construction, and the nonprofit corporation may conclusively rely
upon any certificate or opinion setting forth the actual cost of
construction and the interest prepared by the independent certified
public accountant.
(c) A school district, the electorate of which, prior to the
effective date of this section, authorized an increase in the maximum
tax rate in the manner, for the purposes, and under the
circumstances specified in subdivision (a), may avail itself of the
authority afforded by subdivision (b).
Article 2.5. Leasing Facilities
17430. Notwithstanding any other law, the governing board of any
school district may enter into a lease or agreement for any school
facilities pursuant to this article with a nonprofit corporation
organized under Division 2 (commencing with Section 5000) of Title 1
of the Corporations Code if the articles of incorporation or bylaws
of the nonprofit corporation provide for both of the following
conditions:
(a) No person shall be eligible to serve as a member or director
of the nonprofit corporation, except a person initially approved by
resolution of the governing board of the school district.
(b) No part of the net earnings of the nonprofit corporation shall
inure to the benefit of any member, private shareholder, individual,
person, firm, or corporation, excepting only the school district.
Any facilities constructed by a nonprofit corporation pursuant to
a lease or agreement entered into pursuant to this article shall be
constructed under a contract awarded to the lowest responsible bidder
pursuant to Chapter 3.5 (commencing with Section 4220) of Division 5
of Title 1 of the Government Code.
17431. Notwithstanding any other law, an owner's development lien
created pursuant to this article is a covenant for the benefit of
the school district or districts expressly described therein which
shall, upon recordation with the county recorder of the county in
which the real property is located, run with the land described in
the document by which the lien is placed of record. The owner's
development lien shall be binding upon successors in interest, during
their ownership, of any portion of such land affected thereby and
each person having an interest therein derived through any owner of
the land owned by the covenantor.
The covenant running with the land created by the owner's
development lien as provided in this section constitutes a valid
covenant notwithstanding the fact that it is created in connection
with only one estate and is imposed upon a single parcel and is
intended to be for the benefit of a school district or districts who
are not a landowner or owners.
17432. The sale of bonds for the accomplishment of a school
facilities plan shall be subject to the approval of the State
Treasurer. Prior to the sale of any bonds, the State Allocation
Board shall determine that the proposed facilities to be constructed
with the bond proceeds are consistent with its building area and
costs standards as to the area and facilities described in the school
facilities plan pursuant to which the bonds are to be issued. The
sale of the bonds shall be conducted in compliance with Chapter 10
(commencing with Section 5800) of Division 6 of Title 1 of the
Government Code. However, the bonds may be sold at a negotiated
sale. The State Treasurer and the State Allocation Board may impose
a charge and collect a fee for reimbursement of actual costs incurred
in accomplishing the approval and determination.
17433. Any rental payments required by any lease or agreement
entered into pursuant to this article may be paid in annual
installments or may be prepaid from state funds or other funds of the
school district permissible by law to be used for those purposes at
any time during the period of the lease or agreement.
17434. Whenever the governing board determines that a lease or
agreement should be entered into with a nonprofit corporation, the
board shall adopt a resolution of intention. The board shall have
the following powers and shall state in the resolution all of the
following:
(a) The intention of the board to formulate a school facilities
plan for the school district or a portion thereof.
(b) A summary description of the facilities to be included within
the school facilities plan.
(c) The estimated expense of carrying out the school facilities
plan, including all incidental expenses.
(d) That a map depicting the exterior boundaries of the territory
to be benefited by the school facilities plan is on file with the
secretary of the school
district and is available for inspection by any person or persons
interested.
(e) A legal description of the real property upon which an owner's
development lien is to be imposed and to be recorded with the county
recorder of the county or counties in which the real property is
located.
(f) The intention of the board to cause the formation of a
nonprofit corporation the purpose of which is to issue bonds, notes,
or other obligations to finance the construction of the facilities
included within the school facilities plan and to lease the
facilities to the school district.
(g) That pursuant to Section 17438, an owner's development lien
shall be imposed to the benefit of the school district on all real
property described in the map on file with the secretary of the
school district, exclusive of real property subject to restrictions
that preclude development thereon, which shall specify the amount
thereof and the maximum period of time over which the amount is to be
paid, together with a specified maximum interest rate.
(h) That the school district may enforce the lien, as to any
amount or amounts in default, by judicial foreclosure proceedings as
provided for in Section 17444.
(i) That the owner's development lien provided for in this article
shall be imposed with the consent of all owners within the final map
of the boundaries in equal amounts on each acre or portion thereof
within the territory to be benefited by the school facilities plan or
imposed pursuant to Section 17447.
(j) That the proposed facilities may or may not be constructed
within the boundaries of the territory to be benefited by the school
facilities plan as depicted on the map described in subdivision (d).
(k) That the benefited property may include noncontiguous
territory and that real property may subsequently be included by the
governing board, subject to the assumption of a pro rata share of all
obligations incurred or to be incurred, plus an amount not less than
all amounts collected pursuant to the owner's development lien per
acre or portion thereof.
17435. Subsequent to the adoption of the resolution pursuant to
Section 17434, the secretary of the school district shall mail a copy
of such resolution to each owner of property within the territory to
be benefited from the school facilities plan as shown on the last
equalized assessment roll, as well as the persons that the secretary
can reasonably determine may have an interest in the property, except
for those persons who have filed written waivers to receive copies
of the resolution with the secretary of the district. A copy of the
resolution shall be published pursuant to Section 6066 of the
Government Code. The school district also shall give the notice to
any persons who have in writing requested notice of the proceedings.
The secretary of the district also shall mail copies of the
resolution to any beneficiary under any deeds of trust on property
within the territory to be benefited by the school facilities plan
unless written waivers to receive the copies have been filed with the
secretary of the school district.
Any owner of real property or owner of an interest in real
property, such as a trustee or beneficiary under a deed of trust or
similar secured interest, may file written objections to the
implementation of the school facilities plan with the secretary of
the district, which written objections shall be filed with the
secretary no later than 30 days from the date of the mailing of a
copy of the resolution.
17436. No sooner than 30 days from the date mailing occurs
pursuant to Section 17435, the governing board of the school district
may consider all written objections filed with the secretary of the
school district and may, at its discretion, discontinue proceedings
pursuant to this article or may adopt, after consideration of written
objections, a resolution ordering the implementation of the school
facilities plan for the purpose and for the benefit of that territory
described in the resolution of intention, provided the owners
described in Section 17435 have consented in writing to the owner's
development lien.
17437. The resolution ordering implementation of the school
facilities plan shall state the following:
(a) A legal description of the real property to which an owner's
development lien is to be imposed.
(b) The names of all owners of record of the real property to
which an owner's development lien is to be imposed.
(c) The total amount of the owner's development lien to benefit
the school district as described in subdivision (g) of Section 17434.
(d) The real property described in the resolution shall be subject
to an owner's development lien for a pro rata share on each acre or
portion thereof pursuant to this article or any other amount as
herein provided.
(e) That all owners of the real property described in the
resolution have agreed on their behalf and on behalf of their
successors in interest to pay the designated share of the owner's
development lien, have acknowledged that such agreement constitutes a
covenant running with the land pursuant to Section 17431, have
agreed that the obligation created is secured by the owner's
development lien as provided in this article, and have consented to
the implementation of the owner's development lien.
(f) That a lease or agreement will be entered into with a
nonprofit corporation.
17438. After adoption of the resolution ordering implementation
of the school facilities plan, the resolution shall be recorded with
the county recorder of the county or counties in which the real
property subject to the owner's development lien is located.
Upon recordation of the resolution, an owner's development lien is
hereby created and attaches to the real property described therein
for the cost of implementing the school facilities plan.
17439. No sooner than 90 days from the date a resolution is
recorded pursuant to Section 17438, a nonprofit corporation which has
entered into a lease or agreement with the school district pursuant
to this article may issue bonds for the purpose of financing all or a
portion of the school facilities plan approved pursuant to
procedures of this article.
17440. Except as provided in Section 2192.1 of the Revenue and
Taxation Code, an owner's development lien imposed for the purposes
of this article shall have the same priority as special assessment
liens described in Article 13 (commencing with Section 53930) of
Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
Except as to any due, unpaid and delinquent amount, the owner's
development lien shall not be deemed to be a prior encumbrance within
the meaning of Section 766 of the Financial Code. From and after the
date of the recording of the owner's development lien, all persons
shall be deemed to have notice of the contents thereof.
17441. Additional territory may be added to the area described as
being benefited by the school facilities plan in the discretion of
the governing board, provided the owners of the real property to be
added consent to the imposition of a lien for all present and future
obligations as set forth in the school facilities plan and agree to
pay to the district an amount at least equal to all amounts collected
pursuant to the owner's development lien.
Any additional territory added to the area benefited by the school
facilities plan pursuant to this section shall be the subject of a
resolution described in Section 17437 and recorded pursuant to
Section 17438.
17442. The governing board may bill and collect pursuant to the
owner's development lien and collect payments from the owners of all
property subject to an owner's development lien in amounts sufficient
for the district to meet its rental obligations under any lease or
agreement and to pay or reimburse any expenses incurred to implement
the school facilities plan. The amounts due pursuant to the owner's
development liens shall be billed and collected in equal amounts on
each acre or portion thereof as provided for in the owner's
development lien or as provided for in Sections 17437 and 17447.
A school district electing to utilize the provisions of this
article may enter into a contract with the county tax collector for
the billing of the annual amounts billed pursuant to this section.
The tax collector may collect these amounts together with and not
separate from the taxes on the property. The county tax collector
shall be entitled to a fee for the reasonable value of his or her
services.
17443. An owner's development lien may be released by the
governing board, provided funds are deposited with the board to pay
the unpaid principal amount of the lien, plus any prepayment charges
in an amount to be determined by the governing board.
Upon receipt of these amounts, the board shall adopt a resolution
specifically providing a legal description of the real property and
the record title owners thereof subject to the release. The
resolution shall be recorded with the county recorder of the county
or counties in which the real property is located. Upon recordation
of the resolution, the owner's development lien shall be discharged
and of no further effect.
17444. (a) Any installment of an owner's development lien created
pursuant to this article shall become delinquent 30 days following
billing thereof if unpaid, or if the installment is being collected
by the county tax collector, at the time general taxes become
delinquent. An installment shall be in default 30 days after written
notice of the delinquency has been given by certified or registered
mail to the record owner of the property subject to the lien and all
lenders of record.
(b) The governing board, not later than four years after the date
of default of any payment, may order that the amount be collected by
an action brought in superior court to foreclose against the real
property subject to the owner's development lien for the then
delinquent installment of the owner's development lien. The action
shall affect only the delinquent amounts and shall not accelerate or
require payment of any remaining amount of the owner's development
lien.
(c) The lease agreement between the governing board and the
nonprofit corporation may contain covenants for the benefit of
bondholders providing that the governing board shall commence and
diligently prosecute to completion any foreclosure action regarding
delinquent installments of an owner's development lien. The lease
agreement may specify a deadline for commencement of the foreclosure
action and any other terms and conditions that the governing board
may determine to be reasonable.
(d) The governing board may assign its rights under this section
to the nonprofit corporation or to any trustee under the resolution
adopted pursuant to Section 17437.
(e) Costs in the action shall be fixed and allowed by the court
and shall include, but are not limited to, reasonable attorneys'
fees, interest, penalties and other charges or advances authorized by
this article, and when so fixed and allowed by the court, the costs
shall be included in the judgment. The amount of penalties, costs,
and interest due shall be calculated up to the date of judgment.
(f) All matters pertaining to foreclosure, execution and sale
shall be governed by the then existing law of California. However,
notwithstanding any other law, the owner's right of redemption shall
be limited to 60 days following the date of sale of the owner's
interest. The owner's development lien shall continue as security
for all future required installment payments. Any remaining funds
after foreclosure and payment of all obligations and costs of
foreclosure of the delinquent installment of the owner's development
lien shall be paid pursuant to the priority of encumbrances of record
and to the owner or owner's successor as of the date of initiation
of the foreclosure proceeding.
(g) Foreclosures of installments of the owner's development lien
pursuant to this article shall not affect the priority of any scheme
of community development approved by the Department of Real Estate,
including, but not limited to, subdivision maps, condominium plans,
covenants, conditions, restrictions, and easements whether recorded
prior to or subsequent to the owner's development lien.
17445. Any action to contest the validity of this article may be
brought pursuant to Chapter 9 (commencing with Section 860) of Title
10 of Part 2 of the Code of Civil Procedure, except that an appeal
from any judgment rendered in such action shall be made directly to
the Supreme Court of the State of California.
17446. Notwithstanding any other provision contained in this
article, and as an alternative method of accomplishing the purposes
of this article, owner's development liens may be imposed in unequal
amounts on each acre or portion thereof in order that the liens may
be based upon equal or equitable amounts for each individual dwelling
unit after subdivision into lots or condominium units.
17447. (a) As an alternate provision, owner's development liens
previously imposed upon a particular parcel or parcels of property
which are subsequently subdivided may be apportioned to provide that
the owner's development liens shall be imposed upon the individual
lots and condominium units created by one or more subdivisions. The
liens need not necessarily be imposed upon a pro rata basis based
upon acreage, but may be imposed pursuant to Section 17446 to provide
for an equal or equitable portion of the total lien to be imposed
upon each individual dwelling unit or resulting separate parcel. In
imposing the owner's development liens on individual lots and
condominium units, there may be excluded from the liens property
which becomes subject to restrictions that preclude development
thereon including, but not limited to, areas of common ownership,
streets, and easements. Prior to the apportionments of an owner's
development lien pursuant to this section, the governing board of the
school district shall adopt a resolution which shall include the
following:
(1) A legal description of the real property on which an owner's
development lien has previously been imposed.
(2) The intention of the governing board to apportion the owner's
development lien to provide for an equitable apportionment of the
lien upon individual lots and condominium units within the properties
to be subdivided.
(3) A map showing the subdivided lands, together with the proposed
owner's development liens to be imposed upon the individual lots and
condominium units within one or more such subdivisions.
(b) Upon adoption of the resolution, the secretary of the school
district shall mail a copy of the resolution to each owner of the
property upon which the owner's development lien has previously been
imposed as shown on the last equalized assessment roll. A copy of
this resolution shall be published pursuant to Section 6066 of the
Government Code. The secretary of the school district shall mail
copies of the resolution to any beneficiary of deeds of trust upon
the property. No sooner than 30 days after the mailings, the
governing board may consider objections to the proposed apportionment
of the owner's development lien. Provided that all owners of the
parcels over which the lien is to be apportioned, including any
beneficiary under any deeds of trust, or any beneficiary under any
deed of trust, have consented, the owner's development lien may be
apportioned to provide for an equitable portion of the total
development lien to be placed upon the individual lots, condominium
units or separate parcels created within one or more of the
subdivisions. A resolution approving the apportionment of the owner'
s development lien shall thereafter be adopted and recorded with the
county recorder of the county or counties in which the real property
is located. Apportionment pursuant to this section shall be effective
upon the recordation. The apportionment of the owner's development
lien shall in no way either increase or decrease the total amount of
the owner's development lien which has previously been imposed upon
the properties involved. However, the original owner's development
lien which had been previously imposed shall be released of record at
the time the apportionment of the lien pursuant to this section is
recorded.
Article 3. Leasing of Equipment
17450. Any school district or any county superintendent of
schools may, as lessee, enter into a lease or lease-purchase
agreement for equipment or service systems with any persons, firm,
corporation or public agency. As used in this article "equipment"
includes all of the following:
(1) Schoolbuses.
(2) Other motor vehicles.
(3) Test materials, educational films, and audiovisual materials.
(4) All other items defined as equipment or service systems in the
California School Accounting Manual.
17451. Before a lease or lease-purchase agreement may be entered
into the lessee shall comply with all applicable provisions for bids
and contracts prescribed by Article 3 (commencing with Section 17595)
of Chapter 5 of this part. Each contract shall show the total price
for an outright purchase of any item and also its total cost for the
entire specified term of the contract.
17452. The term of any lease or lease-purchase agreement shall
not exceed the estimated useful life of the item but in no event
shall the term exceed 10 years. A lease, but not a lease-purchase
agreement, may be renewable at the option of the lessee and the
lessor, jointly, at the end of each term at a rate not more than 12
percent annually above the rate set pursuant to the existing
agreement. In no event shall the combined period of the original
lease and renewals or extensions exceed 10 years. Any contract for
the lease or lease-purchase of equipment or service systems which was
in existence prior to April 22, 1975, shall remain in effect and
such terms are hereby ratified.
17453. As a lessor, a school district governing board is
authorized to let, or let with option to purchase, any land,
buildings, or equipment it determines is not needed for school
purposes for a term extending to the end of the expected nonuse of
the land, buildings, or equipment and under any conditions it deems
reasonable. All of these leases and leases with options to purchase
to nonpublic agencies or individuals shall comply with the provisions
of Sections 17545, 17546, 17547, and 17548.
Article 4. Sale or Lease of Real Property
17455. The governing board of any school district may sell any
real property belonging to the school district or may lease for a
term not exceeding 99 years, any real property, together with any
personal property located thereon, belonging to the school district
which is not or will not be needed by the district for school
classroom buildings at the time of delivery of title or possession.
The sale or lease may be made without first taking a vote of the
electors of the district, and shall be made in the manner provided by
this article.
17456. Notwithstanding Section 17455, the sale by the governing
board of any school district of any real property belonging to the
school district or the lease by that governing board, for a term not
exceeding 99 years, of any real property, together with any personal
property located thereon, belonging to the school district shall not
be subject to any other provision of this chapter, to Article 5
(commencing with Section 17485), or to Article 8 (commencing with
Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, if all of the following conditions are met:
(a) The property is sold or leased to another local governmental
agency, or to a nonprofit corporation that is organized for the
purpose of assisting one or more local governmental agencies in
obtaining financing.
(b) (1) In the case of the sale of school district property
pursuant to this section, the school district, as part of that same
sale transaction, simultaneously repurchases the same property that
is the subject of the transaction.
(2) In the case of the lease of school district property pursuant
to this section, the school district, as part of that same lease
transaction, simultaneously leases back, for a term that is not
substantially less than the term of that lease, the same property
that is the subject of the transaction.
(c) The financing proceeds obtained by the school district
pursuant to the transaction described in this section are expended
solely for capital outlay purposes, including the acquisition of real
property for intended use as a schoolsite and the construction,
reconstruction, and renovation of school facilities.
17457. Notwithstanding any other provision of this part, in
connection with a sale, sale back, lease, or leaseback of school
district property, no proceeds obtained by the school district from
the sale of the sale back or leaseback agreement, or interests
therein, or a debt instrument payable from payments under the sale
back or leaseback agreement shall be used for general operating
purposes of the school district.
17458. (a) Notwithstanding Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code, the governing board of any school district complying
with Section 101338.2 of Title 22 of the California Administrative
Code and seeking to sell or lease any real property it deems to be
surplus property may first offer that property for sale or lease to
any contracting agency, as defined in Section 8208 of the Education
Code, pursuant to the following conditions:
(1) The real property sold or leased shall be used by the
contracting agency, or by any successor in interest to the
contracting agency, exclusively for the delivery of child care and
development services, as defined in Section 8208 of the Education
Code, for a period of not less than five years from the date upon
which the real property is made available to that agency, or
successor in interest, pursuant to the sale, or, in the event of a
lease, until the real property is returned to the possession of the
school district, whichever occurs earlier.
(2) In the event that the contracting agency, or any successor in
interest, fails to comply with the condition set forth in paragraph
(1), that agency, or successor in interest, that purchased the real
property, is required immediately to offer that real property for
sale pursuant to this article and Article 5 (commencing with Section
17485) and to sell the property pursuant to those provisions. The
agency, or its successor in interest, shall comply, in that regard,
with all requirements under those provisions that would otherwise
apply to a school district, except that a sale price computed under
subdivision (a) of Section 17491 shall be based upon the cost of
acquisition incurred by the school district that sold the property
pursuant to this subdivision, rather than that incurred by the
contracting agency or its successor in interest. In the event,
alternatively, of a lease of real property pursuant to this
subdivision, the failure by the contracting agency, or any successor
in interest, to comply with paragraph (1) shall constitute a breach
of the lease, entitling the school district to immediate possession
of the real property, in addition to any damages to which the
district may be entitled under the lease agreement.
(3) The school district, and each of the entities authorized to
receive offers of sale pursuant to this article or Article 5
(commencing with Section 17485), has standing to enforce the
conditions set forth in this subdivision, and shall be entitled to
the payment of reasonable attorneys' fees incurred as a prevailing
party in any action or proceeding brought to enforce any of those
conditions.
(b) No sale or lease of the real property of any school district,
as authorized under subdivision (a), may occur until the school
district advisory committee has held hearings pursuant to subdivision
(c) of Section 17390.
(c) This section is in addition to, and shall not limit the
requirements of, Article 5 (commencing with Section 17485), but this
section may be utilized with regard to property which the governing
board of a school district may retain under Section 17490.
17459. The sale of real property pursuant to this article shall
be subject to the provisions of Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code.
17460. (a) Notwithstanding subdivision (c) of this section or
Sections 17456, 17457, and 42133, the West Contra Costa Unified
School District, formerly known as the Richmond Unified School
District, may enter into an agreement to lease any real property
pursuant to Section 17456 and may use the financing proceeds from the
agreement to terminate the Lease-Purchase Agreement, dated May 1,
1988, between the Richmond Unified School District Financing
Corporation and the Richmond Unified School District. However, any
property that has been leased, rented, sold, or otherwise utilized
pursuant to Section 41470 may not be leased pursuant to this section.
(b) The West Contra Costa Unified School District shall notify the
Controller at the time the district enters into a lease agreement
pursuant to subdivision (a). That notice shall set forth a schedule
of the rental payments payable under the lease agreement and shall
include the name and address of the trustee to whom the right to
receive the rental payments has been assigned.
(c) Upon written notification by the trustee that the school
district has not made one or more of the rental payments required by
the terms of the lease, the Controller shall pay to the trustee from
Section A of the State School Fund the defaulted rental payment.
That payment by the Controller shall not exceed the amount of any
apportionment entitlement of the district to moneys in Section A of
the State School Fund, less any payments required in that fiscal year
to repay any state loans made to the district. The Controller shall
withhold the amount of any payment made under this subdivision,
including reimbursement of the Controller's administrative costs as
determined under a schedule approved by the California Debt Advisory
Commission, from subsequent apportionments to the West Contra Costa
Unified School District from Section A of the State School Fund.
(d) Nothing in this section shall be construed to obligate the
state to make any payment to, or on behalf of, the West Contra Costa
Unified School District from Section A of the
State School Fund in any amount, pursuant to any
particular allocation formula, or to make any other payment to, or
on behalf of, the district, including, but not limited to, any
payment of those rental payments.
(e) Any apportionments made by the Controller pursuant to
subdivision (c) shall be deemed to be an allocation to the West
Contra Costa Unified School District for purposes of subdivision (b)
of Section 8 of Article XVI of the California Constitution, and for
purposes of Chapter 2 (commencing with Section 41200) of Part 24.
17461. (a) The governing board of any school district that has,
by majority vote, established a standard rate or rates for the lease
pursuant to this article of its real property may, by majority vote,
delegate to the officer or employee as the governing board may
designate, the power to enter into any lease, for and on behalf of
the district, of any real property of the school district, with
respect to which real property either the district has received only
one sealed proposal that conforms with the existing standard rate or
rates, from a responsible bidder, and no oral bid that would meet the
requirements of Section 17473, or the lease is to be entered into
pursuant to Section 17480.
(b) The governing board of any school district may, by majority
vote, delegate to such officer or employee as the governing board may
designate, the power to enter into any lease, permit, or agreement
for the use by the district of buildings or other facilities if the
use is to be granted to the district without charge.
17462. The funds derived from the sale of surplus property shall
be used for capital outlay or for costs of maintenance of school
district property that the governing board of the school district
determines will not recur within a five-year period. Proceeds from a
lease of school district property with an option to purchase may be
deposited into a restricted fund for the routine repair of district
facilities, as defined by the State Allocation Board, for up to a
five-year period. In addition, the proceeds may be deposited in the
general fund of the district for any general fund purpose if the
school district governing board and the State Allocation Board have
determined that the district has no anticipated need for additional
sites or building construction for the five-year period following the
sale or lease, and the district has no major deferred maintenance
requirements. A school district that sold or leased real property
pursuant to Section 17455 and that deposited the interest earned on
those proceeds in the general fund of the school district in the
1986-87 or the 1987-88 fiscal years, may continue to deposit the
interest into the general fund for operating expenses through June
30, 1991. In the 1991-92 fiscal year, and each fiscal year
thereafter for five fiscal years, the school district shall reduce
the deposit of interest by 20 percent and shall use the reduction in
interest for capital outlay or for costs of deferred maintenance of
school district property. The State Allocation Board may grant a
school district permission to change the five-year and 20 percent
requirement to 10 years and 10 percent, if the State Allocation Board
determines that the individual circumstances of the district
warrants the change.
The proceeds may also be deposited into a special reserve fund for
capital outlay, for costs of maintenance of school district property
that the governing board determines will not recur within a
five-year period, or for the future maintenance and renovation of
schoolsites if the district governing board and the State Allocation
Board have determined that the district has no anticipated need for
schoolsites or building construction or major deferred maintenance
projects for a five-year period following the sale or lease.
Proceeds deposited in the special reserve fund shall not be available
for general operating expenses as provided in Section 42842.
17463. Notwithstanding Section 17462, a school district having an
average daily attendance of less than 10,001 in any fiscal year may
deposit any and all interest earned on the funds derived from the
sale in that fiscal year of surplus property into the general fund of
the district for any general fund purpose, subject to the following
conditions:
(a) Prior to that deposit, the district shall submit to the State
Allocation Board a capital outlay plan for the district for a period
of five years following that sale, together with a declaration of the
finding by the governing board of the school district that the
school facilities needs of the district can be met over that
five-year period without funding or other assistance from any state
school facilities funding program. No later than the date upon which
that initial five-year period concludes, the district shall submit
to the State Allocation Board a capital outlay plan for the district
for the subsequent five-year period.
(b) Prior to the decision to place that interest money into the
district's general fund, the governing board of the school district
shall consider the extent to which it is necessary or appropriate to
expend that money to meet the district's needs relative to capital
outlay, facilities, modernization, and deferred maintenance. In
addition, as to any interest money deposited into the district's
general fund pursuant to this section, the governing board shall
consider the extent to which it is necessary or appropriate to expend
the money to meet the district's needs relative to ongoing
maintenance prior to expending that money for any other purpose.
(c) A school district that deposits interest into its general fund
pursuant to the authority set forth in this section shall not be
eligible during the 10-year period described in subdivision (a) for
funding or other assistance under Chapter 12 (commencing with Section
17000) or Chapter 14 (commencing with Section 17085) of Part 10,
Sections 17582 to 17592, inclusive, or any other state school
facilities funding program.
(d) If a school district seeks state funding pursuant to Chapter
22 (commencing with Section 17000), Chapter 14 (commencing with
Section 17085) of Part 10, Sections 17582 to 17592, inclusive, or any
other state school facilities funding program, on or after the
expiration of the 10-year period specified in subdivision (c), any
state funding received by the district from the program shall be
reduced by any remaining funds derived from the sale of that surplus
property by the district and any unencumbered interest earned on
those funds.
17464. Except as provided for in Article 2 (commencing with
Section 17230) of Chapter 1, the sale or lease with an option to
purchase of real property by a school district shall be in accordance
with the following priorities and procedures.
(a) First, the property shall be offered for park or recreational
purposes pursuant to Article 8 (commencing with Section 54220) of
Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code,
in any instance in which that article is applicable.
(b) Second, the property shall be offered for sale or lease with
an option to purchase, at fair market value in both of the following
ways:
(1) In writing, to the Director of General Services, the Regents
of the University of California, the Trustees of the California State
University, the county and city in which the property is situated,
and to any public housing authority in the county in which the
property is situated.
(2) By public notice to any public district, public authority,
public agency, public corporation, or any other political subdivision
in this state, to the federal government, and to nonprofit
charitable corporations existing on December 31, 1979, and organized
pursuant to Part 3 (commencing with Section 10200) of Division 2 of
Title 1 of the Corporations Code then in effect or organized on or
after January 1, 1980, as a public benefit corporation under Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code. Public notice shall consist of at least
publishing its intention to dispose of the real property in a
newspaper of general circulation within the district, or if there is
no newspaper of general circulation in the district, then in any
newspaper of general circulation that is regularly circulated in the
district. The notice shall specify that the property is being made
available to all public districts, public authorities, public
agencies, and other political subdivisions or public corporations in
this state, and to other nonprofit charitable or nonprofit public
benefit corporations.
Publication of notice pursuant to this section shall be once each
week for three successive weeks. Three publications in a newspaper
regularly published once a week or more often, with at least five
days intervening between the respective publication dates not
counting the publication dates, are sufficient. The written notice
required by paragraph (1) shall be mailed no later than the date of
the second published notice.
The entity desiring to purchase or lease the property shall,
within 60 days after the third publication of notice, notify the
school district of its intent to purchase or lease the property. If
the entity desiring to purchase or lease the property and the
district are unable to arrive at a mutually satisfactory price or
lease payment during the 60-day period, the property may be disposed
of as otherwise provided in this section. In the event the district
receives offers from more than one entity pursuant to this
subdivision, the school district governing board may determine which
of such offers to accept.
(c) Third, the property may be disposed of in any other manner
authorized by law.
This section shall become operative January 1, 1988.
17465. (a) As used in this section, the terms "district,"
"special education local plan area," and "county office" have the
same meaning as prescribed by Part 30 (commencing with Section
56000).
(b) The governing board of a school district that adopts a
resolution of intent to lease vacant classrooms shall first offer to
lease the classrooms for special education programs that are provided
by either other districts that comprise part of the special
education local plan area in which the leasing district is included
or by the county office having jurisdiction over the leasing
district, to the pupils of the leasing district, in whole or in part.
(c) Upon adoption of the resolution, the governing board shall
notify, in writing, other districts or the county office, as
specified in subdivision (b), of its intent to lease vacant
classrooms. The notice shall describe the vacant classrooms, shall
specify that the lease shall not exceed a term of 99 years and that
the lease payment and other terms of the lease are subject to
negotiation, and shall state that the offer to lease is valid for no
more than 60 days after receipt thereof.
(d) Notwithstanding Section 17466, the governing board may include
in its resolution a time for a public meeting of the governing board
to be held at its regular place of meeting at which sealed proposals
to lease will be received and considered, and, notwithstanding
Section 17469, may post copies of the resolution and publish notice
of the adoption of the resolution. However, the governing board shall
not act on any proposal prior to the first of the following
conditions occurring:
(1) Receipt from the county superintendent or the public education
agency, as appropriate, of its intent to lease the classrooms or of
its intent not to do so.
(2) Expiration of the 60-day period prescribed by subdivision (c).
(e) An entity desiring to lease the vacant classrooms shall,
within 60 days from receipt of the notification, inform the governing
board, in writing, of its intent to lease or not to lease the
classrooms.
(f) (1) The lease payments and other terms of the lease for vacant
classrooms leased to other districts or to the county office, as
specified in subdivision (b), shall be negotiated by the entity
desiring to lease the vacant classrooms and the governing board. Any
entity eligible to lease vacant classrooms pursuant to this section
and any governing board may negotiate lease payments prior to the
availability of the vacant classrooms.
(2) The lease payments shall not exceed the district's actual
costs for maintenance, operation, and custodial services for the
leased classrooms.
(3) If more than one governing board offers to lease classrooms,
the entity desiring to lease such classrooms may elect to negotiate
either individually with each district, or jointly, with some or all
of such districts. If the entity elects joint negotiations, the
lease payments shall not exceed the participating districts' average
actual costs for maintenance, operation, and custodial services for
the leased classrooms.
(g) If the governing board and the entity desiring to lease the
classrooms are unable to complete negotiations for the lease and
arrive at a mutually satisfactory lease within the same 60-day period
that the entity has to inform the governing board of its intent to
lease or not lease, the governing board may lease the classrooms in
accordance with the provisions of this article.
(h) If vacant classrooms are available in both operating and
nonoperating schools, the governing board, prior to adopting a
resolution of intent to lease, shall consider which school would
provide the environment least restrictive to the needs of
handicapped pupils or individuals with exceptional needs, as
appropriate, for whom the county superintendent or public education
agency provides special education programs.
17466. Before ordering the sale or lease of any property the
governing board, in a regular open meeting, by a two-thirds vote of
all its members, shall adopt a resolution, declaring its intention to
sell or lease the property, as the case may be. The resolution
shall describe the property proposed to be sold or leased in such
manner as to identify it and shall specify the minimum price or
rental and the terms upon which it will be sold or leased and the
commission, or rate thereof, if any, which the board will pay to a
licensed real estate broker out of the minimum price or rental. The
resolution shall fix a time not less than three weeks thereafter for
a public meeting of the governing board to be held at its regular
place of meeting, at which sealed proposals to purchase or lease will
be received and considered.
17467. In lieu of the declaration of intention to lease real
property provided in Section 17466, the governing board of any school
district having an average daily attendance of 400,000 or more as
shown by the annual report of the county superintendent of schools
for the preceding year may publish a notice three times in a period
of not less than 15 days in a newspaper of general circulation
published in the district. The notice shall describe the property
proposed to be leased in such manner as to identify it and shall
specify the minimum rental and terms upon which it will be leased.
The notice shall fix a time not less than 15 days thereafter for a
public meeting of the governing board to be held at its regular place
of meeting at which proposal to lease will be received and
considered.
The governing board by majority vote may adopt a ruling delegating
to such officer or employee of the district as the board may
designate, authority to perform the duties prescribed in this
section.
Bids received under this section shall be received, accepted, or
rejected in accordance with the provisions of this article.
17468. If, in the discretion of the board, it is advisable to
offer to pay a commission to a licensed real estate broker who is
instrumental in obtaining any proposal, the commission shall be
specified in the resolution. No commission shall be paid unless
there is contained in or with the sealed proposal or stated in or
with the oral bid, which is finally accepted, the name of the
licensed real estate broker to whom it is to be paid, and the amount
or rate thereof. Any commission shall, however, be paid only out of
money received by the board from the sale or rental of the real
property.
17469. Notice of the adoption of the resolution and of the time
and place of holding the meeting shall be given by posting copies of
the resolution signed by the board or by a majority thereof in three
public places in the district, not less than 15 days before the date
of the meeting, and by publishing the notice not less than once a
week for three successive weeks before the meeting in a newspaper of
general circulation published in the county in which the district or
any part thereof is situated, if any such newspaper is published
therein.
17470. (a) The governing board of a school district that intends
to sell real property pursuant to this article shall take reasonable
steps to ensure that the former owner from whom the district acquired
the property receives notice of the public meeting prescribed by
Section 17466, in writing, by certified mail, at least 60 days prior
to the meeting.
(b) The governing board of a school district shall not be required
to accord the former owner the right to purchase the property at the
tentatively accepted highest bid price nor to offer to sell the
property to the former owner at the tentatively accepted highest bid
price.
17471. Whenever it is proposed to lease real property and the
governing board unanimously determines in the resolution that in its
opinion, the monthly rental value of the property does not exceed the
sum of fifty dollars ($50), the resolution need not be posted and
may, before the date of the meeting, be published in two successive
issues of a weekly newspaper or in five successive issues of a daily
newspaper. The newspaper in which the notice is published shall be
one published in the district and having a general circulation there;
or if there is no newspaper, then one having a general circulation
in the district; or if there is no newspaper, then in one having a
general circulation in a county in which the district or any part
thereof is situated.
17472. At the time and place fixed in the resolution for the
meeting of the governing body, all sealed proposals which have been
received shall, in public session, be opened, examined, and declared
by the board. Of the proposals submitted which conform to all terms
and conditions specified in the resolution of intention to sell or to
lease and which are made by responsible bidders, the proposal which
is the highest, after deducting therefrom the commission, if any, to
be paid a licensed real estate broker in connection therewith, shall
be finally accepted, unless a higher oral bid is accepted or the
board rejects all bids.
17473. Before accepting any written proposal, the board shall
call for oral bids. If, upon the call for oral bidding, any
responsible person offers to purchase the property or to lease the
property, as the case may be, upon the terms and conditions specified
in the resolution, for a price or rental exceeding by at least 5
percent, the highest written proposal, after deducting the
commission, if any, to be paid a licensed real estate broker in
connection therewith, then the oral bid which is the highest after
deducting any commission to be paid a licensed real estate broker, in
connection therewith, which is made by a responsible person, shall
be finally accepted. Final acceptance shall not be made, however,
until the oral bid is reduced to writing and signed by the offeror.
17474. In the event of a sale on a higher oral bid to a purchaser
procured by a licensed real estate broker, other than the broker who
submitted the highest written proposal, and who is qualified as
provided in Section 17468 of this code, the board shall allow a
commission on the full amount for which the sale is confirmed.
One-half of the commission on the amount of the highest written
proposal shall be paid to the broker who submitted it, and the
balance of the commission on the purchase price to the broker who
procured the purchaser to whom the sale was confirmed.
17475. The final acceptance by the governing body may be made
either at the same session or at any adjourned session of the same
meeting held within the 10 days next following.
17476. The governing body may at the session, if it deems such
action to be for the best public interest, reject any and all bids,
either written or oral, and withdraw the property from sale or lease.
17477. (a) (1) If the governing board has complied with the
provisions of this article, and no proposals are submitted or the
proposals submitted do not conform with all terms and conditions
specified in the resolution of intent to lease, the governing board
may within one year thereafter, or one year after the passage of 30
days from the rejection of a public entity's nonconforming proposal,
as appropriate, lease such real property, together with any personal
property located thereon, to any lessee, at a price not less than
fair market value in accordance with any terms and conditions agreed
upon by the governing board and the lessee, except that the term of a
lease shall not exceed three years. Sections 17461, 17464, and
17466 to 17469, inclusive, and Sections 17471 to 17473, inclusive,
shall not apply to the lease.
(2) The governing board may by majority vote delegate an officer
or employee of the district, or any other third person, to secure a
lessee and to negotiate the terms and conditions of the lease.
However, the lease shall not be executed unless the governing board
by majority vote, at a public meeting, approves the lease.
(3) If a public entity has submitted a nonconforming proposal, the
governing board shall not take any action pursuant to this
subdivision until 30 days after the rejection of the proposal.
(b) Subdivision (a) shall not apply if a public entity has
submitted a proposal that does not conform with all the terms and
conditions specified in the resolution of intent to lease, and if the
public entity requests, in writing, within 30 days from the
rejection of its proposal, that the governing board lease the real
property, subject to the resolution of intent, in accordance with
this article.
17478. Any resolution of acceptance of any bid made by the
governing body authorizes and directs the president of the governing
body, or other presiding officer, or the members thereof, to execute
a deed or lease and to deliver it upon performance and compliance by
the purchaser or lessee of all the terms or conditions of his or her
contract to be performed concurrently therewith.
17479. Nothing in Sections 17455 to 17542, inclusive, shall
prevent the governing board of any school district from acquiring,
leasing or subleasing property pursuant to Section 1261 of the
Military and Veterans Code.
17480. The governing board of any school district may, without
complying with any other provision of this article, let in the name
of the district any buildings, grounds, or space therein, together
with any personal property located thereon, not needed for school
classroom buildings upon any terms and conditions as may be agreed
upon by the governing board of the district and the lessee thereof
for a period not exceeding 30 separate or consecutive calendar days
or portions thereof in each fiscal year.
17481. In addition to any other authority to lease real property,
the governing board of a school district, by a two-thirds vote of
its members, may lease, for a term not exceeding three months, school
district property having a residence thereon, which cannot be
developed for district purposes because of the unavailability of
funds. The lease shall be upon any terms and conditions that the
parties thereto may agree and may be entered into without complying
with any provisions in this code except as provided in this section.
17482. The governing board of a school district may, with the
approval of the county board of supervisors, sell or lease any
building of the district together with the site upon which the
building is located, without complying with any other provisions of
this article, provided that the county board of supervisors finds
that all of the following conditions exist:
(a) The sale or lease is to be made to an incorporated nonprofit
tax-exempt community or civic organization with a membership
comprised predominantly of persons residing in the community in which
the building and site are situated.
(b) The building is not suitable for school purposes.
(c) The building has an historic value and its preservation and
utilization for the benefit of the community will best be ensured by
sale or lease to an organization specified in subdivision (a).
(d) The sale or lease is to be executed for a consideration to
enure to the school district reflecting the fair market value of the
property, or its fair rental value, as the case may be, except that
the sale may be executed for a consideration that is less than the
fair market value of the property if all of the following conditions
exist:
(1) More than 50 percent of the buildings on the site have been
designated as historically significant by the State Historical
Resources Commission.
(2) For a period of 25 years, commencing with the date that
possession of the property is transferred, the building or buildings
designated pursuant to paragraph (1) shall be used and maintained for
public benefit as an historical resource, and the site shall
otherwise be available for public access and use, including, but not
limited to, park and recreational uses. Any violation of this
condition shall result in the automatic reversion of title to the
property so transferred, without remuneration, to the transferor
school district. The condition set forth in this paragraph does not
prohibit any use of the site that is necessary or appropriate to its
use and maintenance for historical purposes.
(3) The consideration paid is equal to or greater than the sum of
the actual cost of the acquisition of the property by the school
district and the actual cost of any capital improvements made to the
property.
(e) Adequate provision has been made in connection with the sale
or lease transaction to protect the district against all civil
liabilities which might arise in connection with any use of the
building and site.
17483. The failure to comply with the provisions of this article
shall not invalidate the transfer or conveyance of real property to a
purchaser or encumbrancer for value.
17484. The governing board of any school district,
constituting the governing body of an elementary district, a high
school district, or any two of those districts, may sell any
building, structure, or other fixture, belonging to one of its
respective districts to another district governed by it, for an
amount to be fixed by the governing body, without advertisement for
or receipt of bids or compliance with any other provisions of this
code.
Whenever any property is sold under this section it shall be
removed from the premises of the district selling it within 60 days
from the date of the sale.
Article 5. Surplus School Playground, Playing Field, and
Recreational Property
17485. The Legislature is concerned that school playgrounds,
playing fields, and recreational real property will be lost for those
uses by the surrounding communities even if those communities in
their planning process have assumed that the properties would be
permanently available for recreational purposes. It is the intent of
the Legislature in enacting this article to allow school districts
to recover their investment in surplus property while making it
possible for other agencies of government to acquire the property and
keep it available for playground, playing field or other outdoor
recreational and open-space purposes.
17486. This article shall apply to any schoolsite owned by a
school district, which the governing board determines to sell or
lease, and with respect to which the following conditions exist:
(a) Either the whole or a portion of the schoolsite consists of
land which is used for school playground, playing field, or other
outdoor recreational purposes and open-space land particularly suited
for recreational purposes.
(b) The land described in subdivision (a) has been used for one or
more of the purposes specified therein for at least eight years
immediately preceding the date of the governing board's determination
to sell or lease the schoolsite.
(c) No other available publicly owned land in the vicinity of the
school site is adequate to meet the existing and foreseeable needs of
the community for playground, playing field, or other outdoor
recreational and open-space purposes, as determined by the governing
body of the public agency which proposes to purchase or lease land
from the school district, pursuant to Section 17492.
17487. As used in this article, "schoolsite" means a parcel of
land, or two or more contiguous parcels, which is owned by a school
district. "Governing board" means the governing board of the school
district which owns the schoolsite.
17488. The governing board of any school district may sell or
lease any schoolsite containing land described in Section 17486, and,
if the governing board decides to sell or lease such land, it shall
do so in accordance with the provisions of this article.
17489. Notwithstanding Section 54222 of the Government Code, the
governing board, prior to selling or leasing any schoolsite
containing land described in Section 17486, excluding that portion of
a schoolsite retained by the governing board pursuant to Section
17490, shall first offer to sell or lease that portion of the
schoolsite consisting of land described in Section 17486, excluding
that portion retained by the governing board pursuant to Section
17490, to the following public agencies in accordance with the
following priorities:
(a) First, to any city within which the land may be situated.
(b) Second, to any park or recreation district within which the
land may be situated.
(c) Third, to any regional park authority having jurisdiction
within the area in which the land is situated.
(d) Fourth, to any county within which the land may be situated.
The governing board shall have discretion to determine whether the
offer shall be an offer to sell or an offer to lease.
An entity which proposes to purchase or lease a schoolsite offered
by a school district shall notify the district of its intention, in
writing, within 60 days after receiving written notification from the
district of its offer to sell or lease.
17490. In determining what portion of a schoolsite shall be
offered for sale or lease pursuant to this article, the governing
board may retain any part of the schoolsite containing structures or
buildings, together with such land adjacent thereto which, as
determined by the governing board, must be included in order to avoid
reducing the value of that part of the schoolsite containing such
structures or buildings to less than 50 percent of fair market value.
17491. (a) Except as otherwise provided in subdivision (b) or
(e), the price at which land described in Section 17486, excluding
that portion of a schoolsite retained by the governing board pursuant
to Section 17490, is sold pursuant to this article shall not exceed
the school district's cost of acquisition, calculated as a pro rata
cost of acquiring the entire parcel comprising the schoolsite,
adjusted by a factor equivalent to the percentage increase or
decrease in the cost of living from the date of purchase to the year
in which the offer of sale is made, plus the cost of any improvement
to the recreational and open-space portion of the land which the
school district has made since its acquisition of the land. In no
event shall the price be less than 25 percent of the fair market
value of the land described in Section 17486 or less than the amount
necessary to retire the share of local bonded indebtedness plus the
amount of the original cost of the approved state aid applications on
the property, excluding that portion of a schoolsite retained by the
governing board pursuant to Section 17489, at the time of the offer.
These provisions shall apply to land that the school district
acquired by gift or for consideration.
(b) A school district that offers a portion of a schoolsite for
sale may offer such portion of property for sale at its fair market
value, provided the school district offers an equivalent size
alternative portion of that school site for school playground,
playing field, or other recreational and open-space purposes.
(c) Land which is leased pursuant to this article shall be leased
at an annual rate of not more than 1/20th of the maximum sales price
determined pursuant to subdivision (a) of this section, adjusted
annually by a factor equivalent to the percentage increase or
decrease in the cost of living for the immediately preceding year.
(d) The percentage of annual increase or decrease in the cost of
living shall be the amount shown for January 1st of the appropriate
year by the then current Bureau of Labor Statistics Consumers Price
Index for the area in which the schoolsite is located.
(e) Whenever a school district closes a schoolsite and sells any
land described in Section 17486 pursuant to this article to help pay
only for capital outlay costs incurred directly as a result of the
transfer of pupils from the closed school to another school or other
schools of the district, the sale price of the property determined
pursuant to subdivision (a) shall be increased by an amount equal to
the additional costs incurred due to the school closure.
17492. The governing body of a public agency which proposes to
purchase or lease land from a school district pursuant to this
article shall first make a finding, approved by a vote of two-thirds
of its members, that public lands in the vicinity of the schoolsite
are inadequate to meet the existing and foreseeable needs of the
community for playground, playing field, or other outdoor
recreational and open-space purposes.
17493. (a) No public agency may purchase surplus school property
from a school district pursuant to this article unless it has first
adopted a plan for the purchase of surplus school property. The plan
shall designate the surplus site or sites all or a portion of which
the public agency desires to purchase at the price established
pursuant to this article and shall designate at least 70 percent of
the total surplus school acreage as property which the agency does
not desire to purchase at the price established pursuant to this
article. Where the plan indicates that the agency desires to
purchase only a portion of a schoolsite at the price established
pursuant to this article, it shall designate the percent of the
property to be so purchased and provide a description of the general
location of the property to be purchased, without designating the
metes and bounds.
(b) Any property designated by public agencies as surplus
schoolsites which the agencies do not wish to purchase, pursuant to
subdivision (a), may be sold or leased by a school district without
regard to this article.
(c) This section shall become operative on April 1, 1982.
17494. Any land purchased or leased by a public agency pursuant
to this article shall thereafter be maintained by such agency for
playground, playing field, or other outdoor recreational and
open-space uses. Land which prior to its sale or lease was used for
playground or playing field purposes, shall continue to be maintained
for such use by the acquiring agency, unless the governing body of
that agency, by a two-thirds vote at a public hearing, determines
that there is no longer a significant need for the land to be so
used, in which case the land may thereafter be used for other outdoor
recreational or open-space purposes. The school district may, at
any time, reacquire the land at a price calculated in the manner
prescribed in Section 17491, and the rights of reacquisition provided
in this section shall be set forth in the deed or other instrument
of transfer. If the governing board of the public agency determines
that the land is no longer needed for playground, playing field, or
other outdoor recreational and open-space purposes, the public agency
shall offer the property to the school district for reacquisition
under this section, and the school district shall notify the public
agency within 60 days of its intent to reacquire the land. If the
school district intends to sell the property within one year of the
reacquisition date, the school district may finance the reacquisition
of the land by lien against the proceeds to be obtained from the
sale of the land by the school district. If the school district
fails to give the public agency timely notice of its intent to
reacquire the property, or if it fails to exercise its right of
reacquisition, the public agency may use or dispose of the property.
For purposes of this section, "cost of acquisition," as used in
Section 17491, shall refer to the cost at which the land was acquired
by the public agency.
17495. The sale or lease of land by a school district pursuant to
this article shall be subject to, and governed by, the provisions of
Article 2 (commencing with Section 17230) of Chapter 1 and Article 4
(commencing with Section 17455), except to the extent that the
provisions of this article are inconsistent with a provision or
provisions of Article 2 or 4, in which event the provisions of this
article shall govern the sale or lease.
17496. Failure by the school district to comply with the
provisions of this article shall not invalidate the transfer or
conveyance of real property to a purchaser or encumbrancer for value.
17497. Notwithstanding the other provisions of this article, any
school district governing board may designate not more than two
surplus school sites as exempt from the provisions of this article
for each planned school site acquisition if the school district has
an immediate need for an additional schoolsite and is actively
seeking to acquire an additional site, and may exempt not more than
one surplus schoolsite if the district is seeking immediate expansion
of the classroom capacity of an existing school by 50 percent or
more.
The exemption provided for by this section shall be inapplicable
to any schoolsite which, under a lease executed on or before July 1,
1974, with a term of 10 years, was leased to a city of under 100,000
population for park purposes, was improved at city expense, and used
for public park purposes.
17498. A school district having a schoolsite described in Section
17486 may, as an alternative to sale or lease of the land pursuant
to the foregoing provisions of this article, enter into other forms
of agreement concerning the disposition of the property with any
entity enumerated in Section 17489, in accordance with the priorities
therein specified, including, but not limited to each of the
following:
(a) An agreement to lease to such entity all or part of the
schoolsite for a specified term, with an option to purchase such
properties at the end of the term.
(b) An agreement granting to the entity a permanent open-space
easement for recreational use over a portion of the leased site.
(c) If the lessee or a grantee under an agreement is an entity
having zoning powers, an agreement requiring the entity to rezone any
portion of the property retained by the school district in
accordance with conditions specified in the agreement, to the extent
that rezoning in accordance with the conditions is in compliance with
applicable laws of the state.
17499. (a) No more than 30 percent of the total surplus school
acreage owned by a school district may be purchased or leased by
public agencies pursuant to this article.
(b) The right of any public agency to purchase or lease surplus
school property pursuant to this article shall exist only with
respect to an amount of surplus school acreage within its
jurisdictional boundaries which, when added to the surplus school
acreage within its jurisdictional boundaries already purchased or
leased pursuant to this article, will not exceed 30 percent of the
surplus school acreage owned by the school district which is within
the jurisdictional boundaries of that agency.
(c) For purposes of this section, "surplus school acreage" of a
school district means property which is owned by a district and not
used for school purposes, including, but not limited to, undeveloped
property and property which contains school buildings that are not in
use as a result of a school closure and which is not subject to any
lease or agreement executed on or before July 1, 1974, for a term in
excess of six years, in which any city containing a population of
less than 100,000 had use of the property for park purposes on
January 1, 1981, and had improved the property.
(d) Nothing in this section shall be construed to deny local
agencies the opportunity to purchase at full market value all or part
of the 70 percent of the total surplus school acreage which is not
affected by this article.
17500. This article shall not apply to any school district having
more than 400,000 pupils in average daily attendance.
Article 7. Leasing for Production of Gas
17510. The governing board of a school district may, upon
complying with this article, enter into and be a party to a community
lease to which a city or other public agency and one or more private
persons or private agencies are also parties for the leasing of the
parcels of lands owned by the district and the other parties for the
extraction and taking of gas not associated with oil, on the terms
and conditions that the governing board of the district may
prescribe. The lease may be entered into without complying with any
provisions of this code except as provided in this article.
17511. The board shall not enter into and be a party to any lease
unless the following conditions have been met:
(a) A resolution authorizing that action and prescribing the terms
of the lease has been adopted by the unanimous vote of all the
members elected or appointed to the board.
(b) The resolution has been published in a newspaper of general
circulation published in the district, or if there be no newspaper,
in a newspaper having a general circulation in the district, once a
week for three weeks prior to the execution of the lease by the
board.
17512. No well for the production of gas shall be drilled on any
land owned by the district and leased pursuant to this article.
Article 8. Joint Occupancy
17515. Any school district may enter into leases and agreements
relating to real property and buildings to be used jointly by the
district and any private person, firm, or corporation pursuant to
this article. As used in this article, "building" includes onsite
and offsite facilities, utilities and improvements that, as agreed
upon by the parties, are appropriate for the proper operation or
function of the building to be occupied jointly by the district and
the private person, firm, or corporation. It also includes the
permanent improvement of school grounds.
Any building, or portion thereof, that is used by a private
person, firm, or corporation pursuant to this section shall be
subject to the zoning and building code requirements of the local
jurisdiction in which the building is situated.
Section 53094 of the Government Code shall not be applicable to
uses of school district property or buildings authorized by this
section, except in the case of property or buildings used solely for
educational purposes.
17516. (a) Before the governing board of a school district enters
into a lease or agreement pursuant to this article, it shall own a
site upon which a building to be used by the district and private
person, firm, or corporation may be constructed and shall have
complied with the provisions of law relating to the selection and
approval of sites.
(b) This section shall not apply to any building to be acquired by
purchase pursuant to Article 2 (commencing with Section 17110) of
Chapter 16 of Part 10.
17517. The term of any lease or agreement entered into by a
school district pursuant to this article shall not exceed 66 years.
17518. The governing board of a school district may let to any
private person, firm, or corporation, any real property that belongs
to the district if the instrument by which the property is let
requires the lessee therein to construct on the demised premises, or
provide for the construction thereon of, a building or buildings for
the joint use of the school district and the private person, firm, or
corporation during the term of the agreement.
However, title to that portion of the building to be occupied by
the private individual, firm, or corporation shall remain exclusively
the personal property of the private party during the term of the
lease and the title to that portion of the building to be occupied by
the district shall vest in the district upon completion thereof and
acceptance thereof by the school district. No rental fee or other
charge for the use of the building shall be paid by the district.
17519. Any lease of real property by a school district to a
private person, firm, or corporation pursuant to this article shall
be upon the terms and conditions as the parties thereto may agree and
may be entered into without complying with any provisions of this
code except as provided in this article. However, any lease or
agreement pursuant to this article shall be subject to Article 7
(commencing with Section 35230) of Chapter 2 of Part 21.
17520. Before entering into a lease or agreement pursuant to this
article, the governing board of a school district shall comply with
Section 17521.
17521. For the purposes of receiving proposals for the joint
occupancy of a building to be constructed on school property, the
board shall, in a regular open meeting, adopt a resolution declaring
its intention to consider the proposals. The resolution shall
describe the proposed site on which the building to be jointly
occupied is to be constructed in a manner so as to identify the site,
shall specify the intended use of that portion of the building that
is to be occupied by the district, and shall fix a time not less than
90 days thereafter for a public meeting of the governing board to
be held at its regular place of meeting, at which meeting the board
shall receive and consider all plans or proposals submitted.
17522. Notice of adoption of the resolution and the time and
place of holding the meeting shall be given by publishing the
resolution at least once a week for three weeks in a newspaper of
general circulation published in the district if there is one, or if
none is published in the district, in a newspaper published in the
county.
17523. At the time and place fixed in the resolution for the
meeting of the governing board, the board shall meet and consider all
plans and proposals submitted for the joint occupancy of the
building to be constructed on the proposed schoolsite.
17524. (a) After considering all proposals submitted, the
governing board of the school district may, subject to Section 17525,
select the plan or proposal that best meets the needs of the school
district and enter into a contract incorporating that plan or
proposal either as submitted or as revised by the governing board of
the school district. However, the governing board shall not approve
any proposal nor enter into a lease or contract incorporating a
proposal until the governing board has submitted the proposal to the
State Board of Education, and the State Board of Education has
approved the proposal. The State Board of Education shall, within 45
days of the date of submission, notify the governing board of its
approval or disapproval.
(b) The governing board shall require any person, firm, or
corporation with whom it enters into a lease or agreement pursuant to
this article to file one of the following, as determined by the
governing board:
(1) A bond for the performance of the lease or agreement.
(2) An irrevocable letter of credit issued by a state or national
bank for the performance of the lease or agreement.
17525. Any building constructed for the use of a school district
pursuant to this article is subject to Sections 17280 to 17313,
inclusive, and all other provisions of this code relating to the
physical structure of school buildings.
17526. The provisions of this article prevail over any provisions
of law that conflict therewith.
Article 9. Joint Use
17527. (a) The governing board of any school district may enter
into agreements to make vacant classrooms or other space in operating
school buildings available for rent or lease to other school
districts, educational agencies, except private educational
institutions which maintain kindergarten or grades 1 to 12,
inclusive, governmental units, nonprofit organizations, community
agencies, professional agencies, commercial and noncommercial firms,
corporations, partnerships, businesses, and individuals, including
during normal school hours if the school is in session.
(b) The governing board shall give first priority in leasing or
renting vacant classroom space or other space to educational agencies
for conducting special education programs and second priority to
other educational agencies.
17528. As used in this article, "building" includes onsite and
offsite facilities, utilities, and improvements which, as agreed upon
by the parties, are appropriate for the proper operation or function
of the building to be jointly occupied and used. It also includes
the permanent improvement of school grounds.
17529. Prior to entering into a lease or agreement pursuant to
this article, the school district governing board shall determine
that the proposed joint occupancy and use of school district property
or buildings will not do any of the following:
(a) Interfere with the educational program or activities of any
school or class conducted upon the real property or in any building.
(b) Unduly disrupt the residents in the surrounding neighborhood.
(c) Jeopardize the safety of the children of the school.
17530. The governing board of a school district entering into a
lease pursuant to this article shall comply with the applicable
provisions of Article 4 (commencing with Section 17455).
17531. (a) Except as provided in subdivision (b) of this section
and Section 17532, the amount of classroom space leased pursuant to
this article in any schoolsite during normal school hours shall not
exceed 45 percent of the total classroom space of that school, and in
no event shall the leased classroom space in the school district
during normal school hours exceed 30 percent of the district's total
classroom space in operating schools.
(b) The governing board of a school district may, upon a
two-thirds vote, enter into lease agreements which exceed the 45
percent limit per school upon making a finding that the leases are
compatible with the educational purpose of the school. The board,
however, shall not exceed, pursuant to this subdivision, the 30
percent limit of classroom space for the entire school district.
(c) The provisions of this section shall not apply to agreements
for the lease of classroom space entered into by districts on or
before March 4, 1981.
17532. The governing board of a school district may lease vacant
classroom space the total area of which exceeds the 30 percent
districtwide limit of classroom space available pursuant to this
article, if a lease is for any day care center, nursery school, or
special education class.
17533. A local agency having general planning jurisdiction may
require adherence to appropriate zoning ordinances, use permits,
construction or safety codes, by a school district seeking to lease a
portion of a school building for uses other than public or
education-related uses.
17534. (a) Except as provided in subdivision (b), the term of any
agreement entered into by a school district pursuant to this article
shall not exceed five years.
(b) The provisions of subdivision (a) shall not apply to
agreements under or pursuant to which capital outlay improvements are
made on school property for park and recreation purposes by public
entities and nonprofit corporations.
17535. (a) Except as provided in subdivision (b), no agreement
entered into by a school district pursuant to this article shall rent
or lease vacant classrooms or other space in operating schools for
less than fair market rental for comparable facilities.
(b) A district may enter into an agreement to rent or lease vacant
classrooms or other space in operating schools to public entities
for less than fair market rental for comparable facilities.
Article 10. Exchange of Property
17536. The governing board of a school district may exchange any
of its real property for real property of another person or private
business firm. Any exchange
shall be upon such terms and conditions as the parties thereto may
agree and may be entered into without complying with any provisions
in this code except as provided in this article.
17537. Before ordering any exchange of real property the board
shall adopt, by a two-thirds vote of its members, a resolution
declaring its intention to exchange the property. The resolution
shall describe the properties to be exchanged in a manner to identify
them, and the terms and conditions, not including the price, upon
which they will be exchanged.
17538. The governing board of any school district which has
acquired title to property included within an application which has
been approved by the State Allocation Board for state school building
aid and which property is to be used as an access roadway to the
schoolsite may exchange the property for other property to be used as
an access roadway which abuts a state highway, if in the opinion of
the Division of Highways in the Department of Transportation there is
objection to the first access roadway, and if in the opinion of the
governing board the property acquired by the exchange will afford
more safety to the pupils of the district.
Article 13. Sale or Lease of Personal Property by One District
to Another
17540. The governing board of any school district may sell any
personal property or school supplies belonging to the district to the
federal government or its agencies, to the state, to any county,
city and county, city or special district, or to any other school
district or any agency eligible under the federal surplus property
law, (40 U.S.C. Sec. 484(j)(3)) and the governing board of another
school district may purchase the property, for an amount equal to the
cost thereof plus the estimated cost of purchasing, storing, and
handling the property, without advertisement for or receipt of bids
or compliance with any other provisions of this code. The governing
board of any school district may purchase any personal property or
school supplies for the purpose of selling them, pursuant to this
section.
This section does not authorize the purchase, for the purpose of
resale, of standard school supplies and equipment by any elementary
school district governed by school trustees.
17541. The provisions of Section 17540 shall be applicable to a
sale of personal property from a unified school district whose
boundaries are coterminous with a city or city and county to that
city or city and county.
17542. The governing board of any school district may sell or
lease used personal property belonging to the district to the federal
government or its agencies, to the state, to any county, city and
county, city or special district, or to any other school district,
and the governing board of another school district may purchase or
lease the property. The selling price and the terms of sale, or the
lease price and the terms of lease shall be fixed by the governing
boards of the school districts effecting the sale or lease, and
approved by the county superintendent of schools. The sale or lease
may be made without advertisement for or receipt of bids, or
compliance with any other provisions of this code.
Article 14. Sale of Personal Property
17545. (a) The governing board of any school district may sell
for cash any personal property belonging to the district if the
property is not required for school purposes, or if it should be
disposed of for the purpose of replacement, or if it is
unsatisfactory or not suitable for school use. There shall be no sale
until notice has been given by posting in at least three public
places in the district for not less than two weeks, or by publication
for at least once a week for a period of not less than two weeks in
a newspaper published in the district and having a general
circulation there. If there is no such newspaper, then in a
newspaper having a general circulation in the district; or if there
is no newspaper, then in a newspaper having a general circulation in
a county in which the district or any part thereof is situated. The
board shall sell the property to the highest responsible bidder, or
shall reject all bids.
(b) The governing board may choose to conduct any sale of personal
property authorized under this section by means of a public auction
conducted by employees of the district or other public agencies, or
by contract with a private auction firm. The board may delegate to
the district employee responsible for conducting the auction the
authority to transfer the personal property to the highest
responsible bidder upon completion of the auction and after payment
has been received by the district.
17546. (a) If the governing board, by a unanimous vote of those
members present, finds that the property, whether one or more items,
does not exceed in value the sum of two thousand five hundred dollars
($2,500), it may be sold at private sale without advertising, by any
employee of the district empowered for that purpose by the board.
(b) Any item or items of property having previously been offered
for sale pursuant to Section 17545, but for which no qualified bid
was received, may be sold at private sale without advertising by any
employee of the district empowered for that purpose by the board.
(c) If the board, by a unanimous vote of those members present,
finds that the property is of insufficient value to defray the costs
of arranging a sale, the property may be donated to a charitable
organization deemed appropriate by the board, or it may be disposed
of in the local public dump on order of any employee of the district
empowered for that purpose by the board.
17547. The money received from the sale shall be placed to the
credit of the fund from which the original expenditure for the
purchase of the property was made or in the general or reserve fund
of the district.
17548. The governing board of any school district may dispose of
personal property belonging to the district for the purpose of
replacement by providing in the notice calling for bids for
furnishing new materials, articles, or supplies that each bidder
shall agree in his or her bid to purchase the property being replaced
and to remove it from the school grounds and shall state in his or
her bid the amount which he or she will deduct from the price bid for
furnishing new materials, articles, or supplies as the purchase
price for the personal property being purchased from the district.
The board shall let the contract to any responsible bidder whose net
bid is the lowest, or shall reject all bids.
17549. The governing board of any school district may enter into
contracts with manufacturers or suppliers for the exchange of
household appliances and equipment belonging to the district and used
for instructional purposes for new property of like class and kind
for a similar use without advertising for or taking bids. The cost
to the district for the exchange shall not exceed the excess, if any,
of the manufacturer's or supplier's selling price of the new
property over the original cost to the district of the property being
disposed of by the district, plus any applicable tax.
17550. The governing board of any school district may, when
calling for bids and letting contracts for constructing new school
buildings, or repairing, altering, adding to, or reconstructing
existing school buildings, or demolishing existing school buildings,
require each bidder for the performance of the work to agree in his
or her bid to purchase and to remove from the school grounds all old
materials required by the specifications to be removed from any
existing school building on the same school grounds and not required
for school purposes and to state in his or her bid the amount which
he or she will deduct from the price bid for the work as the purchase
price of the old materials. The board shall let the contract to any
responsible bidder whose net bid is the lowest, or shall reject all
bids.
17551. The governing board of a school district may authorize any
officer or employee of the district to sell to any pupil personal
property of the district which has been fabricated by such pupil, at
the cost to the district of the materials furnished by the district
and used therein.
17552. The governing board of a school district may sell to
persons enrolled in classes for adults maintained by the district any
materials that may be necessary for the making of articles by those
persons in those classes. The materials shall be sold at not less
than the cost thereof to the district and any article made therefrom
shall be the property of the person making it.
17553. A school district may, in accordance with regulations
adopted by the governing board of the district and for educational
use, sell, give, or exchange for similar published materials,
published materials prepared by the district in connection with the
curricular and special services that the district is authorized to
perform. Unless restricted by the regulations of the governing
board, the sale or gift may be made to, and the exchange may be made
with, any person, political subdivision, public officer or agency, or
educational institution. The distribution of the published material
in accordance with this section is declared to be a public purpose
and in furtherance of Article IX, Section 1, of the Constitution.
A school district may also license the use of copyrights held by
the district, to the same persons or entities and for the same
purposes as provided in the above paragraph.
The district shall grant a license to any public agency organized
under the authority of this state, unless an exclusive license has
previously been granted a private publisher.
Any charge which may be assessed a public agency for the license
to use the copyright or for materials, to which the district holds
the copyright, shall not exceed the cost to the district of the
preparation and reproduction of the materials.
Any granting of a license, by a school district, to reproduce
copyrighted material is declared to be for a public purpose in
furtherance of Article XI, Section 1, of the Constitution.
17554. Notwithstanding any other provision of law, the governing
board of any school district owning land upon which agricultural
products are grown may enter into agreements with an agricultural
cooperative or association for the purpose of maintaining, harvesting
or selling the products.
17555. Notwithstanding any other provision of this article, the
governing board of any school district may sell or lease any personal
property belonging to the district to any private educational
institution for use in any summer school which the institution offers
in a facility of the district used under a lease or agreement
entered into pursuant to Section 17527.
Article 15. Dedication of Real Property
17556. The governing board of any school district may, pursuant
to this article, dedicate or convey to the state, or any political
subdivision or municipal corporation thereof, for public street or
highway purposes, either with or without consideration and without a
vote of the electors of the district first being taken, any real
property belonging to the district, either in fee or any lesser
estate or interest therein, including abutter's right of access to
any public street or highway; and may dedicate or convey to any
public corporation, or private corporation engaged in the public
utility business, without a vote of the electors of the district
first being taken, an easement to lay, construct, reconstruct,
maintain, and operate water, sewer, gas, or storm drain pipes or
ditches, electric or telephone lines, and access roads used in
connection therewith, over and upon any land belonging to the school
district, upon such terms and conditions as the parties thereto may
agree.
17557. Before ordering the dedication or conveyance of any
property the governing board shall in regular open meeting by a
two-thirds vote of all its members adopt a resolution declaring its
intention to dedicate or convey the property. The resolution shall
describe the property proposed to be dedicated or conveyed in such
manner as to identify it, and shall specify the purposes for which
and the terms upon which it will be dedicated or conveyed, and shall
fix a time not less than 10 days thereafter for a public meeting of
the governing board to be held at its regular place of meeting for a
public hearing upon the question of making the dedication or
conveyance.
17558. Notice of adoption of the resolution and of the time and
place of holding the meeting shall be given by posting copies of the
resolution signed by the members of the board, or by a majority
thereof, in three public places in the district not less than 10 days
before the date of the meeting, and by publishing the notice once
not less than five days before the date of the meeting in a newspaper
of general circulation, published in the district, if there is one,
or, if there is no such newspaper published in the district, then in
a newspaper published in the county in which the district or any part
thereof is situated and having a general circulation in the
district.
17559. At the time and place fixed in the resolution for the
meeting of the governing board the public hearing shall be held, and
the governing board may at the meeting, or at any other meeting of
the governing board held within 60 days thereafter, unless a protest
is entered, adopt a resolution by a two-thirds vote of all its
members authorizing and directing the president of the governing
board, or any other presiding officer, or the secretary, or the
members thereof, to execute a deed of dedication or conveyance of the
property and to deliver it. Upon the delivery and acceptance of the
deed the dedication or conveyance is fully effective.
17560. A petition protesting against the proposed dedication or
conveyance signed by at least 10 percent of the qualified electors of
the district, as shown by the affidavit of one of the petitioners,
may be filed with the governing board at the meeting held at the time
and place fixed in the resolution. If a protest is filed, the
governing board shall, before taking any further action on the
proposed dedication or conveyance, submit the question of whether the
proposed dedication or conveyance should be made, to the
superintendent of schools of the county having jurisdiction over the
district, whose decision is final. If the superintendent approves
the proposed dedication or conveyance, the board may proceed as
provided in Section 17559. If the superintendent of schools does not
approve the proposed dedication or conveyance, no further
proceedings shall be had thereon.
17561. Whenever school districts are required to improve and
dedicate real property to the centerline of streets or highways
adjacent to a schoolsite or forming an intersection at a schoolsite
location, and when such street or highway rights-of-way are being
conveyed to the city or county or by the city or county to the school
district, the requirements of this article shall be deemed satisfied
solely by posting a notice of intention to convey in an appropriate
location before conveyance.
CHAPTER 5. PROPERTY MAINTENANCE AND CONTROL
Article 1. Duties of Governing Board
17565. The governing board of any school district shall furnish,
repair, insure against fire, and in its discretion rent the school
property of its districts. The governing board may also insure the
property against other perils. The insurance shall be written in any
admitted insurer, or in any nonadmitted insurer to the extent and
subject to the conditions prescribed in Section 1763 of the Insurance
Code. Insurance on property of a district may be, in the discretion
of the governing board, of the deductible type of coverage. By
deductible type of coverage is meant a form of insurance under which
the insurance becomes operative when the loss and damage exceeds an
amount stipulated in the policy or policies.
The governing board, in their notice of bid for any school
district construction, may indicate that it may elect to assume the
cost of fire insurance by adding the coverage to the district's
existing policy and in that event bids made on the construction shall
be made in the alternative, with and without the fire insurance
coverage included, and the governing board shall make its election as
to who shall secure and pay for the insurance at the time of
accepting the bid.
17566. (a) The governing board of any school district, by
resolution, may establish a fund or funds for losses, and payments,
including, but not limited to, health and welfare benefits for its
employees as defined by Section 53200 of the Government Code, school
district property, any liability, and workers' compensation, in the
county treasury for the purpose of covering the deductible amount
under deductible types of insurance policies, losses or payments
arising from self-insurance programs, or losses or payments due to
noninsured perils. In the fund or funds shall be placed those sums,
to be provided in the budget of the school district, that will create
an amount that, together with investments made from the fund or
funds, will be sufficient in the judgment of the governing board to
protect the school district from those losses or to provide for
payments on the deductible amount under deductible types of insurance
policies, losses or payments arising from self-insurance programs,
or losses or payments due to noninsured perils. Nothing in this
section shall be construed to prohibit the governing board from
providing protection against those losses or liability for the
payment of claims partly by means of the fund or funds and partly by
means of insurance written by acceptable insurers as provided in
Section 17565.
The fund or funds shall be considered as separate and apart from
all other funds of the school district, and the balance therein shall
not be considered to be part of the working cash of the school
district in compiling annual budgets.
Warrants may be drawn on or transfers made from the fund or funds
so created only to reimburse or indemnify the school district for
losses as herein specified, and for the payment of claims,
administrative costs, and related services, and to provide for
deductible insurance amounts and purchase of excess insurance. The
warrants or transfers shall be within the purpose of the fund or
funds as established by resolution of the governing board.
The cash placed in the fund or funds may be invested and
reinvested by the county treasurer, with the advice and consent of
the governing board of the school district, in securities that are
legal investments for surplus county funds in this state. The income
derived from the investments, together with interest earned on
uninvested funds, shall be considered revenue of, and be deposited
in, the fund. The cost of contracts or services authorized by this
section are appropriate charges against the respective fund.
The governing board may contract for investigative,
administrative, and claims adjustment services relating to claims.
The contract may provide that the contracting firm may reject,
settle, compromise, and approve claims against the district, or its
officers or employees, within the limits and for amounts that the
governing board may specify, and may provide that the contracting
firm may execute and issue checks in payment of those claims, which
checks shall be payable only from a trust account that may be
established by the governing board. Funds in the trust account
established by the board pursuant to this section shall not exceed a
sum that is sufficient, as determined by the governing board to
provide for the settlement of claims for a 30-day period. The
rejection or settlement and approval of a claim by the contracting
firm in accordance with the terms of the contract shall have the same
effect as would the rejection or settlement and approval of the
claim by the governing board.
The contract may also provide that the contracting firm may employ
legal counsel, subject to terms and limitations that the board may
prescribe, to advise the contracting firm concerning the legality and
advisability of rejecting, settling, compromising, and paying claims
referred to the contracting firm by the board for investigation and
adjustment, or to represent the board in litigation concerning the
claims. The compensation and expenses of the attorney for services
rendered to the board shall be an appropriate charge against the
appropriate fund.
The contract provided for in this section may contain other terms
and conditions that the governing board may consider necessary or
desirable to effectuate the board's self-insured programs.
In lieu of, or in addition to, contracting for the services
described in this section, the governing board may authorize an
employee or employees to perform any or all of the services and
functions for which the board may contract under the provisions of
this section.
(b) As used in this section:
(1) "Firm" includes a person, corporation, or other legal entity,
including a county superintendent of schools.
(2) "Governing boards" includes governing boards of school
districts and county superintendents of schools.
(3) "School district" includes a county superintendent of schools
who may participate in or administer insurance or self-insurance
programs for the county office of education or for one or more school
districts.
(c) A county superintendent of schools may participate in or
administer insurance for one or more school districts pursuant to
this section or for one or more community college districts pursuant
to Section 81602, for any combination of school districts and
community college districts pursuant to this section and Section
81602.
(d) Prior to funding health and welfare benefits pursuant to this
section, the school district shall secure the services of an actuary
who is a member of the American Academy of Actuaries to provide
actuarial evaluations of the future annual costs of those benefits.
The future annual costs as determined by the actuary shall be made
public at a public meeting at least two weeks prior to the
commencement of funding health and welfare benefits pursuant to this
section.
(e) Upon commencing the funding of health and welfare benefits
pursuant to this section, the school district shall secure the
services of an actuary as described in subdivision (d) to complete,
every three years, an actuarial evaluation of the annual costs of
those benefits. A copy of the results of that evaluation shall be
submitted by the district to the county superintendent of schools.
17567. Nothing in this code shall be construed to prohibit two or
more school districts from exercising, through a joint powers
agreement made pursuant to Article 1 (commencing with Section 6500)
of Chapter 5 of Division 7 of Title 1 of the Government Code, the
powers prescribed in Section 17566 in accordance with the terms and
conditions set forth in that section and in Section 17565.
17568. In districts situated within or partly within cities
having a population of over five hundred thousand (500,000) as
determined by the 1920 federal census any board of education may
establish a fund in the county treasury for the purpose of covering
fire losses to school property in lieu of carrying fire insurance in
admitted insurers as provided in Section 17565. In the fund shall be
placed sums, to be provided in the budget of the district, as will
create an amount which, together with investments made from the fund,
will be sufficient in the judgment of the board of education upon
the advice of competent actuaries to protect the board of education
against losses by fire on all or any part of the school property
within its jurisdiction. Nothing contained herein shall be construed
as prohibiting the board of education from providing protection
against fire losses partly by means of the fund and partly by means
of fire insurance written by admitted insurers as provided in Section
17565.
The fund shall be considered as separate and apart from all other
funds of the district and the balance therein shall not be
considered as being part of the working cash of the district in
compiling annual budgets or fixing annual tax rates.
Warrants shall be drawn on, or transfers made from, the fund so
created only to reimburse or indemnify the school district for losses
as herein specified, and for the payment of claims, administrative
costs, related services, and to provide for deductible insurance
amounts and the purchase of excess insurance. The warrants or
transfers shall be within the purpose of the fund as established by
resolution of the governing board.
The cash placed in the fund may be invested and reinvested by the
county treasurer with the advice and consent of the board of
education in securities which are legal investments for surplus
county funds in this state. The income derived from such investments
together with interest earned on uninvested funds shall be considered
revenue of and be deposited in the fund.
The county treasurer shall make quarterly reports to the board of
education as to the condition of the fund, using as a basis for the
report the cost or market value, whichever may be the lower, of the
securities held as investments plus the cash in the fund.
17569. The governing board of any school district may grade,
pave, construct sewers, or otherwise improve streets and other public
places in front of real property owned or controlled by it, and also
may construct in immediate proximity to any school or site owned or
controlled by the district, pedestrian tunnels, overpasses,
footbridges, sewers and water pipes when required for school or
administrative purposes, may acquire property, easements and
rights-of-way for such purpose, and may appropriate money to pay the
cost and expense of the improvements, whether made by the board under
contract executed by the board, or under contracts made in pursuance
of any of the general laws of the state respecting street
improvements, or under other contracts made in pursuance of the
charter of any county or municipality.
17570. Any provision to the contrary notwithstanding, the
governing board of any school district, other than a city school
district with over 50,000 pupils in average daily attendance during
the preceding fiscal year, may construct pedestrian walks,
footbridges, and pedestrian tunnels when required for the safety of
pupils attending the schools of the district, may acquire easements
and rights-of-way for
those purposes, and may appropriate money to acquire such easements
and rights-of-way and to pay the cost and expense of the
improvements, whether made by the board under contract executed by
the board, or under contracts made in pursuance of any of the general
laws of the state respecting street improvements, or under other
contracts made in pursuance of the charter of any county or
municipality. Pedestrian walks, footbridges, and pedestrian tunnels
shall be constructed, and such easements or rights-of-way for those
purposes shall be acquired, within one mile of the school for the
pupils of which the walks, bridges, and tunnels are necessary.
17571. The governing board of any school district may install and
maintain a lighting system in any underpass in the vicinity of a
schoolhouse.
17572. The governing board of any school district may appropriate
money to pay assessments, for the improvement of streets or other
public places, levied against any real property owned by, or under
the control of the board, when the property is included within an
assessment district formed in pursuance of any general law of the
state or under the charter of any municipality. The assessments may
be paid out of any funds belonging to the school district, except
funds derived from the sale of bonds or required by law to be used
for teachers' salaries.
17573. The governing board of every school district shall provide
a warm, healthful place in which children who bring their own
lunches to school may eat the lunches.
17574. The governing board of a school district may construct a
mobilehome site on the grounds of any district facility or facilities
maintained by the district, including all necessary appurtenances
and fixtures, and may pay the cost of utilities, insurance, and
necessary services, for the purpose of enabling a responsible person
or persons to install and occupy a mobilehome on such site. Such
person or persons, who need not be classified as employees of the
district, shall, in return for being permitted to install and occupy
a mobilehome on the district facility site on terms and conditions
acceptable to the governing board, agree to maintain any surveillance
over the facility grounds as the school district governing board
requires, and to report to district authorities illegal or suspicious
activities that are observed.
17575. The governing board of any school district, when leasing a
building for housing of school district employees, may lease such
building for any period they deem necessary.
17576. The governing board of every school district shall
provide, as an integral part of each school building, or as part of
at least one building of a group of separate buildings, sufficient
patent flush water closets for the use of the pupils. In school
districts where the water supply is inadequate, chemical water
closets may be substituted for patent flush water closets by the
board.
This section shall apply to all buildings existing on September
19, 1947, or constructed after such date.
17577. In addition to the other powers granted the governing
board of each school district may provide sewers and drains adequate
to treat and/or dispose of sewage and drainage on or away from each
school property. For this purpose it may construct adequate systems
or acquire adequate disposal rights in systems constructed or to be
constructed by others for these purposes without regard to their
proximity. The cost thereof may be paid from the building fund,
including any bond moneys therein.
17578. The governing board of each district maintaining a high
school shall provide for the annual cleaning, sterilizing, and
necessary repair of football equipment of their respective schools
pursuant to Sections 39614 and 39616.
17579. All football equipment actually worn by pupils shall be
cleaned and sterilized at least once a year. Football equipment used
in spring training shall be cleaned and sterilized before it is used
in the succeeding fall term.
17580. Any contract with a dealer or craftsman for the repair of
football equipment belonging to the district or the state college
shall specifically state or describe the materials to be used by the
dealer or craftsman in repairing such equipment.
17581. (a) The Legislature finds and declares that the quality of
protective equipment worn by participants in high school
interscholastic football is a significant factor in the occurrence of
injuries to such participants and that it is therefore necessary to
insure minimum standards of quality for the equipment in order to
prevent unnecessary injuries to such participants.
(b) No football helmets shall be worn by participants in high
school interscholastic football unless the equipment has been
certified for use by the National Operating Committee on Standards
for Athletic Equipment or any other recognized certifying agency in
the field.
This section shall not be construed as relieving school districts
from the duty of maintaining football protective equipment in a safe
and serviceable condition.
17582. (a) The governing board of each school district may
establish a restricted fund to be known as the "district deferred
maintenance fund" for the purpose of major repair or replacement of
plumbing, heating, air conditioning, electrical, roofing, and floor
systems, the exterior and interior painting of school buildings, the
inspection, sampling, and analysis of building materials to determine
the presence of asbestos-containing materials, the encapsulation or
removal of asbestos-containing materials, and any other items of
maintenance approved by the State Allocation Board. Funds deposited
in the district deferred maintenance fund may be received from any
source whatsoever, and shall be accounted for separately from all
other funds and accounts and retained in the district deferred
maintenance fund for purposes of this section.
(b) Funds deposited in the district deferred maintenance fund
shall only be expended for maintenance purposes as provided pursuant
to subdivision (a).
(c) The governing board of each school district shall have
complete control over the funds and earnings of funds once deposited
in the district deferred maintenance fund, provided that no funds
deposited in the district deferred maintenance fund pursuant to
subdivision (a) or (b) of Section 17584 may be expended by the
governing board for any purpose except those specified in subdivision
(a) of this section.
17583. Notwithstanding Section 17582, whenever the state funds
provided pursuant to Sections 17584 and 17585 are insufficient to
fully match the local funds deposited in the deferred maintenance
fund, the governing board of each school district may transfer the
excess local funds deposited in that fund to any other expenditure
classifications in other funds of the district. A resolution
providing for the transfer shall be approved by a two-thirds vote of
the governing board members and filed with the county superintendent
of schools and the county auditor.
17584. (a) Whenever, in any given fiscal year, a school district
has budgeted, exclusive of state matching funds and district funds
previously matched pursuant to subdivision (b), in its deferred
maintenance fund established pursuant to Section 17582 an amount
equal to, or greater than, that amount the district expended from its
general fund for major maintenance, repair, or modernization of
existing school buildings, as specified in Section 17582, exclusive
of categorical aid funds and any proceeds from the sale of district
property which were expended for the purpose of the district deferred
maintenance account, in either the 1978-79 or 1979-80 fiscal year,
adjusted annually to the current fiscal year in conformance with the
percentage change in the district revenue limit computed pursuant
to Section 42237 or 42238, the Superintendent of Public Instruction
shall so certify to the State Allocation Board.
(b) The State Allocation Board shall apportion, from the State
School Deferred Maintenance Fund, to school districts an amount equal
to one dollar ($1) for each one dollar ($1) of local funds up to a
maximum of 1/2 percent of the district's current-year revenue limit
average daily attendance multiplied by the average, per unit of
average daily attendance, of the total general funds and adult
education funds budgeted by districts of similar size and type, as
defined in Section 42238.4, for the prior fiscal year, exclusive of
any amounts budgeted for capital outlay or debt service, to the
extent of funds available pursuant to Chapter 13 (commencing with
Section 17080) of Part 10.
(c) Notwithstanding subdivision (a), in order to be eligible to
receive state aid pursuant to subdivision (b), no district shall be
required to budget from local district funds an amount greater than
1/2 percent of the district's current-year revenue limit average
daily attendance, multiplied by the average, per unit of average
daily attendance, of the total general funds and adult education
funds budgeted by districts of similar size and type, as defined in
Section 42238.4 for the prior fiscal year, exclusive of any amounts
budgeted for capital outlay or debt service.
17585. (a) School districts may submit applications to the State
Allocation Board for deferred maintenance funding in addition to the
amounts specified in Section 17584. In order to be eligible for an
additional apportionment, a school district shall do all of the
following:
(1) Certify that if an additional apportionment is provided, the
district will have matched the additional apportionment amount with
an equal amount of district funds that have not been previously used
as a match for state aid.
(2) Certify an additional claim of not greater than one-half of 1
percent of the district's current-year revenue limit average daily
attendance, multiplied by the average, per unit of average daily
attendance, of the total general funds and adult education funds
budgeted by districts of similar size and type, as defined in Section
42238.4 for the prior fiscal year, excluding any amounts budgeted
for capital outlay or debt service, but including adult education
funds.
(3) Certify that any additional funds will be used to meet
deferred maintenance identified in the district's five-year deferred
maintenance plan.
(b) The State Allocation Board shall establish rules and
regulations regarding the formulas used to apportion additional funds
pursuant to this section.
(c) It is the intent of the Legislature that state funds for
deferred maintenance be drawn first from excess bond repayments by
school districts, revenues pursuant to subdivision (f) of Section
6217 of the Public Resources Code, and proceeds from existing general
obligation bonds.
17586. Notwithstanding any limitations imposed as a result of
actions taken by the State Allocation Board pursuant to Section
17462, a school district shall be eligible to receive an
apportionment pursuant to subdivision (b) of Section 17584, if it
meets all of the following criteria:
(a) There are excess revenues that resulted from the sale of
surplus sites upon which there was no encumbrance to the board.
(b) The Superintendent of Public Instruction has verified all of
the following:
(1) The district had a fiscal emergency in any one or both of the
1987 -88 and 1988-89 fiscal years.
(2) The fiscal emergency was caused primarily by required
expenditures.
(3) The district has taken reasonable steps to address the fiscal
emergency.
17587. (a) Notwithstanding the limitations of Section 17584, the
State Allocation Board may each year reserve an amount not to exceed
10 percent of the funds transferred from any source to the State
School Deferred Maintenance Fund for apportionments to school
districts, in instances of extreme hardship. The apportionment shall
be in addition to the apportionments made pursuant to Section 17584.
Not less than one-half of all funds made available by this section
shall be apportioned to school districts that had an average daily
attendance, excluding summer session attendance, of less than 2,501
during the prior fiscal year.
An extreme hardship shall exist in a school district when the
State Allocation Board determines the existence of all of the
following:
(1) That the district has deposited in its deferred maintenance
fund an amount equal to at least 0.5 percent of the total general
funds and adult education funds budgeted by the district for the
fiscal year, exclusive of any amounts budgeted for capital outlay or
debt service.
(2) That the district has a critical project on its five-year plan
which if not completed in one year could result in serious damage to
the remainder of the facility or would result in a serious hazard to
the health and safety of the pupils attending the facility.
(3) That the total funds deposited by the district and the state
pursuant to Section 17584 are insufficient to complete the project.
(b) As a result of the determination made in subdivision (a), the
State Allocation Board may increase the apportionment to a school
district by the amount it determines necessary to complete the
critical project.
(c) Notwithstanding subdivision (a), in any fiscal year in which
the State Allocation Board has apportioned all funding from the State
School Deferred Maintenance Fund for which school districts have
qualified under Section 17584, the board may apportion any amount
remaining in that fund for the purposes of this section.
17588. As a result of the determination made in Section 17587,
the State Allocation Board may do any of the following:
(a) Increase the apportionment to an eligible school district by
the amount it determines necessary to complete the critical project,
and require a contribution by the district.
(b) Waive repayment by the district, in whole or in part.
(c) Reduce state apportionments pursuant to Section 17584 in
future years to offset the increased apportionment.
The State Allocation Board shall develop and adopt regulations for
the application of subdivisions (a), (b), and (c). The regulations
may give consideration to a school district's financial resources,
ongoing deferred maintenance needs, and the nature of the project for
which the hardship apportionment is requested.
The waiver authorized in subdivision (b) may be applied by the
board to any repayment otherwise required by law, regardless of
apportionment date.
17589. The State Allocation Board shall develop board policies
for the apportionment of funds appropriated for the containment or
removal of asbestos materials in schools pursuant to Section 49410.
The policies shall provide for the allocation of funds on a matching
basis, or the board may determine, based on each application, to
increase the allocation to any school district by the amount it
determines is necessary to complete critical projects. In making
policies pursuant to this section, the board may establish funding
priorities based on a determination in each instance as to the
imminence of the health hazard posed by the asbestos materials.
17590. The Asbestos Abatement Fund is hereby created, and
notwithstanding Section 13340 of the Government Code, all moneys
deposited in this fund are continuously appropriated to be
administered by the State Allocation Board for the purpose of making
allocations to school districts and county offices of education
pursuant to Sections 17589 and 49410.
17591. Each district desiring an apportionment pursuant to
Section 39619 shall file with the State Allocation Board and receive
approval of a five year plan of the maintenance needs of the district
over such period. This plan may be amended from time to time. Any
expenditure of funds from the district deferred maintenance fund
shall conform to the plan approved by the State Allocation Board.
17592. From any moneys in the State School Deferred Maintenance
Fund, the board shall make available to the Director of General
Services such amounts as it determines necessary to provide the
assistance, pursuant to this chapter, required by Section 15504 of
the Government Code.
Article 2. Duties of District Clerks
17593. The clerk of each district except a district governed by a
city or city and county board of education shall, under the
direction of the governing board, keep the schoolhouses in repair
during the time school is taught therein, and exercise a general care
and supervision over the school premises and property during the
vacations of the school.
Article 3. Contracts
17595. Nothing in this code shall preclude the governing board of
any school district from purchasing materials, equipment or supplies
through the Department of General Services pursuant to Section 14814
of the Government Code.
17596. Continuing contracts for work to be done, services to be
performed, or for apparatus or equipment to be furnished, sold,
built, installed, or repaired for the district, or for materials or
supplies to be furnished or sold to the district may be made with an
accepted vendor as follows: for work or services, or for apparatus
or equipment, not to exceed five years; for materials or supplies,
not to exceed three years.
17597. In addition to utilizing the procedures specified in
Article 14 (commencing with Section 17545) of Chapter 4, any school
district or any county board of education may, by direct sale or
otherwise, sell to a purchaser any electronic data-processing
equipment, other major items of equipment, or any relocatable
building owned by, or to be owned by, the school district or county
board, if the purchaser agrees to lease the equipment or building
back to the school district or county for use by the school district
or county following the sale.
The approval by the governing board of the school district or of
the county superintendent of schools of the sale and leaseback shall
be given only if the governing board of the school district or the
county superintendent of schools finds, by resolution, that the
equipment is data-processing equipment, another major item of
equipment, or a relocatable building within the meaning of this
section and that the sale and leaseback is the most economical means
for providing the electronic data-processing equipment, other major
items of equipment, or relocatable building to the school district or
county. For purposes of determining the area of existing adequate
school construction under the Leroy F. Greene State School Building
Lease-Purchase Law of 1976, any portable relocatable classroom
acquired under this section and used for classroom purposes shall be
considered owned by the district.
17598. The governing board of a school district may contract for
electromechanical or electronic data-processing work.
17599. Nothing contained in this article shall be construed to
limit the authority of any school district to contract for
electromechanical or electronic data-processing work to be done or
related services to be performed with any other public agency
pursuant to the provisions of Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or
Section 11000 or 11001 of this code.
17600. The governing board of any district defined hereafter, in
addition to any other authority granted by law, may employ as
classified employees, in accordance with rules and regulations
established by the personnel commission, any certificated employees
of the district or districts during vacation periods, or on any other
day or days when the certificated employee is not required to
perform services for the district, to repair or build apparatus or
equipment related to their duties as certificated employees even
though the total cost of labor exceeds one thousand dollars ($1,000).
This section applies only when the average daily attendance of any
school district, or of two or more school districts governed by
governing boards of identical personnel, is 400,000 or more, as shown
by the annual report of the county superintendent of schools for the
preceding school year.
17601. Notwithstanding any limitations imposed by this article
specifically with respect to electromechanical or electronic
data-processing work to be done or related services to be performed,
the governing board of a school district, the boundaries of which are
coterminous with those of the City and County of San Francisco, may
contract for such work to be done or related services to be
performed, without regard to such limitations.
17602. The governing board of any school district may purchase
from the federal government or any agency thereof any surplus
property, as defined in the Surplus Property Act of 1944, in any
amount needed for the operation of the schools of the district
without taking estimates or advertising for bids.
17603. The governing board of any school district shall determine
the method of payment for construction contracts, including progress
payments for completed portions of the work or for materials
delivered on the ground or stored subject to the control of the board
and unused.
17604. Wherever in this code the power to contract is invested in
the governing board of the school district or any member thereof,
the power may by a majority vote of the board be delegated to its
district superintendent, or to any persons that he or she may
designate, or if there be no district superintendent then to any
other officer or employee of the district that the board may
designate. The delegation of power may be limited as to time, money
or subject matter or may be a blanket authorization in advance of its
exercise, all as the governing board may direct. However, no
contract made pursuant to the delegation and authorization shall be
valid or constitute an enforceable obligation against the district
unless and until the same shall have been approved or ratified by the
governing board, the approval or ratification to be evidenced by a
motion of the board duly passed and adopted. In the event of
malfeasance in office, the school district official invested by the
governing board with the power of contract shall be personally liable
to the school district employing him or her for any and all moneys
of the district paid out as a result of the malfeasance.
17605. The governing board by majority vote may adopt a rule,
delegating to any officer or employee of the district as the board
may designate, the authority to purchase supplies, materials,
apparatus, equipment, and services. No rule shall authorize any
officer or employee to make any purchases involving an expenditure by
the district in excess of the amount specified by Section 20111 of
the Public Contract Code. The rule shall prescribe the limits of the
delegation as to time, money, and subject matter. All transactions
entered into by the officer or employee shall be reviewed by the
governing board every 60 days.
In the event of malfeasance in office, the school district officer
or employee invested by the governing board with the power to
contract shall be personally liable for any and all moneys of the
district paid out as a result of the malfeasance.
17606. The governing board of any school district with an average
daily attendance of not less than 60,000 may by majority vote
authorize its district superintendent, or such person as he or she
may designate, to expend up to one hundred dollars ($100) per
transaction for work done, compensation for employees or consultants,
and purchases of equipment, supplies, or materials. Ratification by
the governing board shall not be required with respect to
transactions entered into pursuant to this section. In the event of
malfeasance in office, the school district official invested by the
governing board with authority to act under this section shall be
personally liable for any and all moneys of the district paid out as
a result of the malfeasance.
CHAPTER 6. DEVELOPMENT FEES, CHARGES, AND DEDICATIONS
17620. (a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any development project within the boundaries of the
district, for the purpose of funding the construction or
reconstruction of school facilities, subject to any limitations set
forth in Chapter 4.9 (commencing with Section 65995) of Division 1 of
Title 7 of the Government Code. This fee, charge, dedication, or
other requirement may be applied to construction only as follows:
(A) To new commercial and industrial construction. The chargeable
covered and enclosed space of a commercial or industrial development
project, as defined in Section 65995 of the Government Code, shall
not be deemed to include the square footage of any structure existing
on the site of that development project as of the date the first
building permit is issued for any portion of that development
project.
(B) To new residential construction.
(C) To other residential construction, only if the resulting
increase in assessable space, as defined in Section 65995 of the
Government Code, exceeds 500 square feet. The calculation of the
"resulting increase in assessable space" for this purpose shall
reflect any decrease in assessable space in the same residential
structure that also results from that construction. Where authorized
under this paragraph, the fee, charge, dedication, or other
requirement is applicable to the total resulting increase in
assessable space.
(2) For purposes of this section, "development project" means any
project undertaken for the purpose of development, and includes a
project involving the issuance of a permit for construction or
reconstruction, but not a permit to operate.
(3) For purposes of this section, "construction or reconstruction
of school facilities" does not include any item of expenditure for
any of the following:
(A) The regular maintenance or routine repair of school buildings
and facilities.
(B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
(C) The purposes of deferred maintenance described in Section
17582.
(4) The appropriate city or county may be authorized, pursuant to
contractual agreement with the governing board, to collect and
otherwise administer, on behalf of the school district, any fee,
charge, dedication, or other requirement levied under
this subdivision. In the event of any
agreement authorizing a city or county to collect that fee, charge,
dedication, or other requirement in any area within the school
district, the certification requirement set forth in subdivision (b)
or (c), as appropriate, is deemed to be complied with as to any
residential development project within that area upon receipt by that
city or county of payment of the fee, charge, dedication, or other
requirement imposed on that project.
(5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001 of the
Government Code. In addition, an amount not to exceed, in any
fiscal year, 3 percent of the fees collected in that fiscal year
pursuant to this section may be retained by the school district,
city, or county, as appropriate, for reimbursement of the
administrative costs incurred by that entity in collecting the fees.
When any city or county is entitled, under an agreement as
described in paragraph (4), to compensation in excess of that amount,
the payment of that excess compensation shall be made from other
revenue sources available to the school district.
(b) No city or county, whether general law or chartered, may issue
a building permit for any development absent certification by the
appropriate school district of compliance by that development project
with any fee, charge, dedication, or other requirement levied by the
governing board of that school district pursuant to subdivision (a),
or of the district's determination that the fee, charge, dedication,
or other requirement does not apply to the development project.
(c) If, pursuant to subdivision (c) of Section 17621, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007 of the
Government Code, the restriction set forth in subdivision (b) of this
section does not apply. In that event, however, no city or county,
whether general law or chartered, may conduct a final inspection or
issue a certificate of occupancy, whichever is later, for any
residential development project absent certification by the
appropriate school district of compliance by that development project
with any fee, charge, dedication, or other requirement levied by the
governing board of that school district pursuant to subdivision (a).
(d) Neither subdivision (b) nor (c) shall apply to a city or
county as to any fee, charge, dedication, or other requirement as
described in subdivision (a), or as to any increase in that fee,
charge, dedication, or other requirement, except upon the receipt by
that city or county of notification of the adoption of, or increase
in, the fee or other requirement in accordance with subdivision (c)
of Section 17621.
17621. (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 17620, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7 of the Government Code, with
Section 54994.1 of the Government Code, and with the procedures for
mailed notice set forth in Section 54992 of the Government Code. The
adoption, increase, or imposition of any fee, charge, dedication, or
other requirement pursuant to Section 17620 shall not be subject to
Division 13 (commencing with Section 21000) of the Public Resources
Code. The adoption of, or increase in, the fee, charge, dedication,
or other requirement shall be effective no sooner than 60 days
following the final action on that adoption or increase, except as
specified in subdivision (b).
(b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote
of the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions
may be granted.
(c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement. The school district governing board shall
specify, pursuant to that notification, whether or not the collection
of the fee or other charge is subject to the restriction set forth
in subdivision (a) of Section 66007 of the Government Code.
(d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 17620 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020 of
the Government Code, except that the procedures set forth in Section
66021 of the Government Code are deemed to apply, for this purpose,
to commercial and industrial development, as well as to residential
development.
(e) In the case of any commercial or industrial development, the
following procedures shall also apply:
(1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001 of the Government Code, do all of the following:
(A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
(B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation
estimates shall be based upon commercial and industrial factors
within the district or upon, in whole or in part, the applicable
employee generation estimates set forth in the January 1990 edition
of "San Diego Traffic Generators," a report of the San Diego
Association of Governments.
(C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
(2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed pursuant to Section
53080 on the basis of a category of commercial or industrial
development, as described in paragraph (1), the governing board shall
provide a process that permits the party against whom the fee,
charge, dedication, or other requirement is to be imposed the
opportunity for a hearing to appeal that imposition. The grounds for
that appeal include, but are not limited to, the inaccuracy of
including the project within the category pursuant to which the fee,
charge, dedication, or other requirement is to be imposed, or that
the employee generation or pupil generation factors utilized under
the applicable category are inaccurate as applied to the project.
The party appealing the imposition of the fee, charge, dedication, or
other requirement shall bear the burden of establishing that the
fee, charge, dedication, or other requirement is improper.
17622. (a) No fee, charge, dedication, or other requirement may
be levied by any school district pursuant to Section 17620 upon any
greenhouse or other space that is covered or enclosed for
agricultural purposes, unless and until the district first complies
with subdivisions (b) and (c).
(b) The school district governing board shall make a finding,
supported by substantial evidence, of both of the following:
(1) The amount of the proposed fees or other requirements and the
location of the land, if any, to be dedicated, bear a reasonable
relationship and are limited to the needs of the community for
elementary or high school facilities caused by the development.
(2) The amount of the proposed fees or other requirements does not
exceed the estimated reasonable cost of providing for the
construction or reconstruction of the school facilities necessitated
by the development projects from which the fees or other requirements
are to be collected.
(c) In determining the amount of the fees or other requirements,
if any, to be levied on the development of any structure as described
in subdivision (a), the school district governing board shall
consider the relationship between the proposed increase in the number
of employees, if any, the size and specific use of the structure,
and the cost of the construction. No fee, charge, dedication, or
other form of requirement, as authorized under Section 17620, shall
be applied to the development of any structure described in
subdivision (a) where the governing board finds either that the
number of employees is not increased as a result of that development,
or that housing has been provided for those employees, to the extent
of any increase, by their employer, against which housing a fee,
charge, or dedication, or other form of requirement has been applied
under Section 17620. In developing the finding described in this
section, the governing board shall consult with the county
agricultural commissioner or the county director of the cooperative
extension service.
17623. In the event the fee authorized pursuant to Section 17620
is levied by two nonunified school districts having common
territorial jurisdiction, in a total amount that exceeds the maximum
fee authorized under Section 65995 of the Government Code, the fee
revenue for the area of common jurisdiction shall be distributed in
the following manner:
(a) The governing boards of the affected school districts shall
enter into an agreement specifying the allocation of fee revenue and
the duration of the agreement. A copy of that agreement shall be
transmitted by each district to the State Allocation Board.
(b) In the event the affected school districts are unable to reach
an agreement pursuant to subdivision (a), the districts shall
jointly submit the dispute to a three-member arbitration panel
composed of one representative chosen by each of the districts and
one representative chosen jointly by both of the districts. The
decision of the arbitration panel shall be final and binding upon
both districts for a period of three years.
17624. (a) Any school district that has imposed or, subsequent to
the operative date of this section, imposes, any fee, charge,
dedication, or other requirement under Section 17620 against any
development project that subsequently meets the description set forth
in subdivision (b), shall repay or reconvey, as appropriate, that
fee, charge, dedication, or other requirement to the person or
persons from whom that fee, charge, dedication, or other requirement
was collected, less the amount of the administrative costs incurred
in collecting and repaying the fee, charge, dedication, or other
requirement.
(b) This section applies to any development project for which the
building permit, including any extensions, expires on or after
January 1, 1990, without the commencement of construction, as defined
in subdivision (c) of Section 65995 of the Government Code.
17625. Notwithstanding any other law, any fee, charge,
dedication, or other form of requirement levied by the governing
board of a school district under Section 17620 may apply, as to any
manufactured home or mobilehome, only pursuant to compliance with all
of the following conditions:
(1) The fee, charge, dedication, or other form of requirement is
applied to the initial location, installation, or occupancy of the
manufactured home or mobilehome within the school district.
(2) The manufactured home or mobilehome is to be located,
installed, or occupied on a space or site on which no other
manufactured home or mobilehome was previously located, installed, or
occupied.
(3) The manufactured home or mobilehome is to be located,
installed, or occupied on a space in a mobilehome park, or on any
site or in any development outside a mobilehome park, on which the
construction of the pad or foundation system commenced after
September 1, 1986.
(b) Compliance on the part of any manufactured home or mobilehome
with any fee, charge, dedication, or other form of requirement, as
described in subdivision (a), or certification by the appropriate
school district of that compliance, shall be required as a condition
of the following, as applicable:
(1) The close of escrow, where the manufactured home or mobilehome
is to be located, installed, or occupied on a mobilehome park space,
or on any site or in any development outside a mobilehome park, as
described in subdivision (a), and the sale or transfer of the
manufactured home or mobilehome is subject to escrow as provided in
Section 18035 or 18035.2 of the Health and Safety Code.
(2) The approval of the manufactured home or mobilehome for
occupancy pursuant to Section 18551 or 18613 of the Health and Safety
Code, in the event that paragraph (1) does not apply.
(c) No fee or other requirement levied under Section 17620 shall
be applied to any of the following:
(1) Any manufactured home or mobilehome located, installed, or
occupied on a space in a mobilehome park on or before September 1,
1986, or on any date thereafter, if construction on that space,
pursuant to a building permit, commenced on or before September 1,
1986.
(2) Any manufactured home or mobilehome located, installed, or
occupied on any site outside of a mobilehome park on or before
September 1, 1986, or on any date thereafter if construction on that
site pursuant to a building permit commenced on or before September
1, 1986.
(3) The replacement of or addition to a manufactured home or
mobilehome located, installed, or occupied on a space in a mobilehome
park, subsequent to the original location, installation, or
occupancy of any manufactured home or mobilehome on that space.
(4) The replacement of a manufactured home or mobilehome that was
destroyed or damaged by fire or any form of natural disaster.
(5) A manufactured home or mobilehome accessory structure, as
defined in Section 18008.5 or 18213 of the Health and Safety Code.
(6) The conversion of a rental mobilehome park to a subdivision,
cooperative, or condominium for mobilehomes, or its conversion to any
other form of resident ownership of the park, as described in
Section 50561 of the Health and Safety Code.
(d) Where any fee or other requirement levied under Section 17620
is required as to any manufactured home or mobilehome that is
subsequently replaced by a permanent residential structure
constructed on the same lot, the amount of that fee or other
requirement shall apply toward the payment of any fee or other
requirement under Section 17620 applied to that permanent residential
structure.
(e) Notwithstanding any other provision of law, any school
district that, on or after January 1, 1987, collected any fee,
charge, dedication, or other form of requirement from any
manufactured home, mobilehome, mobilehome park, or other development,
shall immediately repay the fee, charge, dedication, or other form
of requirement to the person or persons who made the payment to the
extent the fee, charge, dedication, or other form of requirement
collected would not have been authorized under subdivision (a). This
subdivision shall not apply, however, to the extent that, pursuant
to Section 16 of Article I of the California Constitution, it would
impair the obligation of any contract entered into by any school
district, on or before the effective date of this section.
(f) For purposes of this section, "manufactured home,"
"mobilehome," and "mobilehome park" have the meanings set forth in
Sections 18007, 18008, and 18214, respectively, of the Health and
Safety Code.
(g) (1) Whenever a manufactured home or a mobilehome owned by a
person 55 years of age or older who is also a member of a lower
income household as defined by Section 50079.5 of the Health and
Safety Code, and which has been moved from a mobilehome park space
located in one school district, where the mobilehome owner has
resided, to a space or lot located in a mobilehome park or a
subdivision, cooperative, or condominium for mobilehomes or
manufactured homes located in another school district, is subject to
any fee or other requirement under Section 17620, this section, and
Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7
of the Government Code, the district in which the manufactured home
or mobilehome has been newly located may waive the fee or other
requirement under Section 53080, this section, and Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code, or otherwise shall be required to grant the
homeowner the necessary approval for occupancy of the home, and
permission to pay the amount of the fee or other requirement
thereafter, in installments, over a period totaling no less than 36
months. A school district may require that the installments be paid
monthly, quarterly, or every six months during the 36-month period,
and that the fee be secured as a lien perfected against the
mobilehome or manufactured home pursuant to Section 18080.7 of the
Health and Safety Code.
(2) Costs of filing the lien and reasonable late charges or
interest may be added to the amount of the lien. This subdivision
does not apply where a school facilities fee, charge, or other
requirement is imposed pursuant to Section 65995.2 of the Government
Code.
17626. (a) A fee, charge, dedication, or other requirement
authorized under Section 17620, whether or not allowable under
Chapter 6 (commencing with Section 66010) of Division 1 of Title 7 of
the Government Code, may not be applied to the reconstruction of any
residential, commercial, or industrial structure that is damaged or
destroyed as a result of a disaster, except to the extent the square
footage of the reconstructed structure exceeds the square footage of
the structure that was damaged or destroyed. That square footage
comparison shall be made, in the case of a commercial or industrial
structure, on the basis of chargeable covered and enclosed space, as
defined in Section 65995 of the Government Code, or, in the case of a
residential structure, on the basis of assessable space, as defined
in Section 65995 of the Government Code.
(b) The following definitions apply for the purposes of this
section:
(1) "Disaster" means a fire, earthquake, landslide, mudslide,
flood, tidal wave, or other unforeseen event that produces material
damage or loss.
(2) "Reconstruction" means the construction of property that
replaces, and is equivalent in kind to, the damaged or destroyed
property.
SEC. 4. Part 10.5 (commencing with Section 17900) of the Education
Code is repealed.
SEC. 5. Part 23 (commencing with Section 38000) is added to the
Education Code, to read:
PART 23. SUPPLEMENTAL SERVICES
CHAPTER 1. SECURITY DEPARTMENTS
38000. (a) The governing board of any school district may
establish a security department under the supervision of a chief of
security or a police department under the supervision of a chief of
police, as designated by, and under the direction of, the
superintendent of the school district. In accordance with Chapter 5
(commencing with Section 45100) of Part 25, the governing board may
employ personnel to ensure the safety of school district personnel
and pupils and the security of the real and personal property of the
school district. In addition, a school district may assign a school
police reserve officer who is deputized pursuant to Section 35021.5
to a schoolsite to supplement the duties of school police personnel
pursuant to this section. It is the intention of the Legislature in
enacting this section that a school district police or security
department is supplementary to city and county law enforcement
agencies and is not vested with general police powers.
(b) The governing board of a school district that establishes a
security department or a police department shall set minimum
qualifications of employment for the chief of security or chief of
police, respectively, including, but not limited to, prior employment
as a peace officer or completion of any peace officer training
course approved by the Commission on Peace Officer Standards and
Training. A chief of security or chief of police shall comply with
the prior employment or training requirement set forth in this
subdivision as of January 1, 1993, or a date one year subsequent to
the initial employment of the chief of security or chief of police by
the school district, whichever occurs later. This subdivision shall
not be construed to require the employment by a school district of
any additional personnel.
38001. Persons employed and compensated as members of a police
department of a school district, when appointed and duly sworn, are
peace officers, for the purposes of carrying out their duties of
employment pursuant to Section 830.32 of the Penal Code.
38002. Moneys transferred into the general fund of any school
district pursuant to Section 1463.12 of the Penal Code may be made
available for the following purposes:
(a) The training of persons employed and compensated as members of
a police department of a school district, pursuant to the
requirements or approval of the Commission on Peace Officer Standards
and Training.
(b) The training of persons employed and compensated as members of
a police department of a school district in other public safety
skills, including, but not limited to, all of the following:
(1) First aid.
(2) Rescue.
(3) Cardiopulmonary resuscitation.
(4) Emergency medical technician training.
(5) Juvenile procedures.
(6) Specialized safety equipment.
38003. Persons employed and compensated as members of a security
or police department of a school district shall be supplied with and
authorized to wear a badge bearing the name of the school district.
The employee shall carry a suitable identification card bearing his
or her photograph and signature and the signature of the
superintendent of the school district. The employee shall also carry
such other identification data as may be required by local law
enforcement agencies. The governing board may direct the wearing of
a distinctive uniform and shall prescribe same. The costs of
required uniforms, equipment, identification badges, and cards shall
be borne by the district.
38004. The governing board of a school district which establishes
a security or police department may provide and maintain motor
vehicles for the use of the department. Any vehicle, when operated
in the performance of his or her duties by any member of the police
department, is an authorized emergency vehicle and may be equipped
and operated as such as provided by the Vehicle Code.
38005. The governing board of any school district may contract
with a private licensed security agency to insure the safety of
school district personnel and pupils and the security of the real and
personal property of the school district when the personnel normally
required to provide such service fail to do so because of an
emergency including, but not limited to, war, epidemic, fire, flood,
or work stoppage; or when such an emergency necessitates additional
security services.
This section shall apply only if the governing board by a majority
vote makes a specific finding that an emergency exists, and that
this finding is included in the board minutes.
CHAPTER 2. TRANSPORTATION
Article 1. General Provisions
38020. The governing board of any school district may provide for
the transportation of pupils to and from school whenever in the
judgment of the board such transportation is advisable and good
reasons exist therefor. The governing board may purchase or rent and
provide for the upkeep, care, and operation of vehicles, or may
contract and pay for the transportation of pupils to and from school
by common carrier or municipally owned transit system, or may
contract with and pay responsible private parties for the
transportation. Such contracts may be made with the parent or
guardian of the pupil being transported. A governing board may allow
the transportation in schoolbuses owned or operated by the district
of preschool or nursery school pupils. No state reimbursement may be
received by a district for the transportation of such pupils.
Whenever the term "municipally owned transit system" appears in
this article, it means a transit system owned by a city, or by a
district created under Part 1 (commencing with Section 24501) of
Division 10 of the Public Utilities Code.
38021. The governing board of any school district may contract
with the county superintendent of schools to provide necessary
transportation services. The county superintendent of schools,
acting pursuant to such a contract, shall have all the powers and
duties granted to governing boards by this article.
38022. The governing board of any school district may contract
for the transportation of matriculated or enrolled adults, or provide
transportation to adults in district-owned equipment for educational
purposes other than to and from school.
Any district which contracts to provide or provides
transportation to adults pursuant to this section may charge adults
all or part of the costs of contracting for or providing such
transportation services.
38023. In order to procure the service at the lowest possible
figure consistent with proper and satisfactory service, the governing
board shall, whenever an expenditure of more than ten thousand
dollars ($10,000) is involved, secure bids pursuant to Sections 20111
and 20112 of the Public Contract Code whenever it is contemplated
that a contract may be made with a person or corporation other than a
common carrier or a municipally owned transit system or a parent or
guardian of the pupils to be transported. The governing board may let
the contract for the service to other than the lowest bidder.
38024. (a) Continuing contracts for the furnishing of
transportation of pupils in school districts to and from school, if
made, shall be made for a term not to exceed five years. Such
contracts shall be renewable at the option of the school district and
the party contracting to provide transportation services, jointly,
at the end of each term of the contract. The contract as renewed
shall include, other than the rates of the previous contract, all of
the terms and conditions of the previous contract, including any
provisions increasing rates based on increased costs.
(b) Continuing contracts may be made for the lease or rental of
schoolbuses, not to exceed five years, except that if such a lease or
rental contract provides that the district may exercise an option
either to purchase the buses or to cancel the lease at the end of
each annual period during the period of the contract, such contract
may be made for a term not to exceed 10 years.
(c) Notwithstanding any other provisions of law to the contrary,
continuing contracts executed under the provisions of this section
may be negotiated annually within the contract period when economic
factors indicate such negotiation is necessary to maintain an
equitable pricing structure. Such renegotiation shall be subject to
the approval of both contracting parties.
(d) Any rental, lease, or lease-purchase of a schoolbus shall
comply with all applicable provisions of Article 3 (commencing with
Section 17450) of Chapter 4 of Part 10.5.
38025. In bidding on contracts to be made pursuant to Section
39803, bidders may include in their bids abstractions of their
quotations indicating the pricing structure used to compute the
annual lease or rental payments for the sole purpose of identifying
that portion of each annual lease or rental payment which may
represent tax exemption reimbursement to the vendor, lessor or to
their assignees.
38026. In lieu of providing in whole or in part for the
transportation of a pupil attending the schools of a district, the
governing board may pay to the parents or guardian of the pupil a sum
not to exceed the cost of actual and necessary travel incurred in
transporting such pupils to and from the regular day schools of the
district. No payments shall be made pursuant to this section unless
it will be more economical to make the payments than to provide for
said transportation.
38027. In lieu of furnishing transportation to pupils attending
the schools of a school district, the governing board may pay to the
parents or guardian of each pupil the cost of food and lodging of the
pupil at a place convenient to the schools. The amount paid on
account of each pupil shall not exceed the estimated cost to the
district of providing for the transportation of the pupil to and from
his or her home and the school he or she attends.
38028. When the governing board of any school district provides
for the transportation of pupils to and from schools in accordance
with the provisions of Section 38020, or between the regular
full-time day schools they would attend and the regular full-time
occupational training classes attended by them as provided by a
regional occupational center or program, the governing board of the
district may require the parents and guardians of all or some of the
pupils transported, to pay a portion of the cost of such
transportation in an amount determined by the governing board.
The amount determined by the board shall be no greater than the
statewide average nonsubsidized cost of providing such transportation
to a pupil on a publicly owned or operated transit system as
determined by the Superintendent of Public Instruction, in
cooperation with the Department of Transportation.
For the purposes of this section, "nonsubsidized cost" means
actual operating costs less federal subventions.
The governing board shall exempt from these charges pupils of
parents and guardians who are indigent as set forth in rules and
regulations adopted by the board.
No charge under this section shall be made for the transportation
of handicapped children.
Nothing in this section shall be construed to sanction,
perpetuate, or promote the racial or ethnic segregation of pupils in
the schools.
38029. The governing board of any school district may allow
pupils entitled to attend the school of the district, but in
attendance at a school other than a public school, under the
provisions of Section 48222, transportation upon the same terms and
in the same manner and over the same routes of travel as is permitted
pupils attending the district school.
The allowance of this section shall be restricted to actual
transportation when furnished by the district to children attending
the district school, and nothing in this section shall be construed
to authorize or permit in lieu of transportation payments of money to
parents or guardians of children attending private schools.
38030. (a) In no case shall the sum of the state aid received and
the parent fees collected in a fiscal year exceed actual operating
cost of home-to-school transportation in that fiscal year.
(b) If excess fees are collected due to errors in estimated costs,
fees shall be reduced in succeeding years.
(c) The governing board shall certify to the county superintendent
that districts have levied fees in accordance with law, and that
fees have been reduced and excess fee revenue eliminated whenever
excess fees have been charged.
Article 2. State Reimbursement
38040. Notwithstanding any other law, the governing board of any
school district may provide, beginning in the 1975-1976 fiscal year,
for the transportation to and from public school of pupils who have
attained the age of three years and nine months and are enrolled in
classes established pursuant to Section 52023, whenever in the
judgment of the board, transportation is advisable and good reasons
exist therefor. A governing board may allow for the transportation
of parents of pupils enrolled in these classes for the purpose of
accompanying their children to and from the attendance center
offering the early primary classes.
Districts shall receive state reimbursements for the
transportation of these pupils pursuant to Article 10 (commencing
with Section 41850) of Chapter 5 of Part 24.
Article 3. Schoolbuses
38045. A schoolbus is any motor vehicle designed, used, or
maintained for the transportation of any school pupil at or below the
12th-grade level to or from a public or private school or to or from
public or private school activities, except the following:
(a) A motor vehicle of any type carrying only members of the
household of the owner thereof.
(b) A motortruck transporting pupils who are seated only in the
passenger compartment, and a passenger vehicle designed for and when
actually carrying not more than 10 persons, including the driver,
except any vehicle or truck transporting two or more handicapped
pupils confined to wheelchairs.
(c) A motor vehicle operated by a common carrier, or by and under
exclusive jurisdiction of a publicly owned or operated transit
system, only during the time it is on a scheduled run and is
available to the general public or on a run scheduled in response to
a request from a handicapped pupil confined to a wheelchair, or from
a parent of the handicapped pupil, for transportation to or from
nonschool activities. However, the motor vehicle is designed for and
actually carries not more than 16 persons and the driver, is
available to eligible persons of the general public, and the school
does not provide the requested transportation service.
(d) A school pupil activity bus as defined in Section 38046.
(e) A motor vehicle operated by a carrier licensed by the
Interstate Commerce Commission which is transporting pupils on a
school activity entering or returning to the state from another state
or country.
(f) A state-owned motor vehicle being operated by a state employee
upon the driveways, paths, parking facilities, or grounds specified
in Section 21113 of the Vehicle Code that are under the control of a
state hospital under the jurisdiction of the State Department of
Developmental Services where the posted speed limit is not more than
20 miles per hour. The motor vehicle may also be operated for a
distance of not more than one-quarter mile upon a public street or
highway that runs through the grounds of a state hospital under the
jurisdiction of the State Department of Developmental Services, if
the posted speed limit on the public street or highway is not more
than 25 miles per hour and if all traffic is regulated by posted stop
signs or official traffic control signals at the points of entry and
exit by the motor vehicle.
38046. A "school pupil activity bus" is any motor vehicle, other
than a schoolbus, operated by a common carrier, or by and under the
exclusive jurisdiction of a publicly owned or operated transit
system, or by a passenger charter-party carrier, used under a
contractual agreement between a school and carrier to transport
school pupils at or below the 12th-grade level to or from a public or
private school activity, or used to transport pupils to or from
residential schools, when the pupils are received and discharged at
off-highway locations where a parent or adult designated by the
parent is present to accept the pupil or place the pupil on the bus.
As used in this section, "common carrier," "publicly owned or
operated transit system," and "passenger charter-party carrier" mean
carriers in business for the principal purpose of transporting
members of the public on a commercial basis. This section shall not
apply to a motor vehicle operated by a carrier licensed by the
Interstate Commerce Commission transporting pupils on a school
activity trip entering or returning to the state from another state
or country.
The driver of a school pupil activity bus shall be subject to the
regulations adopted by the California Highway Patrol governing
schoolbus drivers, except that the regulations shall not require
drivers to duplicate training or schooling that they have otherwise
received which is equivalent to that required pursuant to the
regulations, and the regulations shall not require drivers to take
training in first aid. However, a valid certificate to drive a
school pupil activity bus shall not entitle the bearer to drive a
schoolbus.
38047. The State Board of Education shall adopt reasonable
regulations relating to the use of schoolbuses by school districts
and others. The regulations shall not include the safe operation of
schoolbuses which regulations shall be adopted instead by the
Department of the California Highway Patrol pursuant to Section 34500
of the Vehicle Code.
The Department of the California Highway Patrol shall adopt
regulations relating to the safe operation of schoolbuses which shall
include requiring school district governing boards to include in
their schoolbus driver training programs, the proper actions to be
taken in the event that a schoolbus is hijacked.
38048. (a) All pupils in prekindergarten, kindergarten, and
grades 1 to 12, inclusive, in public or private school who are
transported in a schoolbus or school pupil activity bus shall receive
instruction in schoolbus emergency procedures and passenger safety.
The county superintendent of schools, superintendent of the school
district, or owner/operator of a private school, as applicable, shall
ensure that the instruction is provided as follows:
(1) Upon registration, the parents or guardians of all pupils not
previously transported in a schoolbus or school pupil activity bus
and who are in prekindergarten, kindergarten, and grades 1 to 6,
inclusive, shall be provided with written information on schoolbus
safety. The information shall include, but not be limited to, all of
the following:
(A) A list of schoolbus stops near each pupil's home.
(B) General rules of conduct at schoolbus loading zones.
(C) Red light crossing instructions.
(D) Schoolbus danger zone.
(E) Walking to and from schoolbus stops.
(2) At least once in each school year, all pupils in
prekindergarten, kindergarten, and grades 1 to 8, inclusive, who
receive home-to-school transportation shall receive safety
instruction which includes, but is not limited to, proper loading and
unloading procedures, including escorting by the driver, proper
passenger conduct, bus evacuation, and location of emergency
equipment. Instruction also may include responsibilities of
passengers seated next to an emergency exit. As part of the
instruction, pupils shall evacuate the schoolbus through emergency
exit doors.
(3) Prior to departure on a school activity trip, all pupils
riding on a schoolbus or school pupil activity bus shall receive
safety instruction which includes, but is not limited to, location of
emergency exits, and location and use of emergency equipment.
Instruction also may include responsibilities of passengers seated
next to an emergency exit.
(b) The following information shall be documented each time the
instruction required by paragraph (2) of subdivision (a) is given:
(1) Name of school district, county office of education, or
private school.
(2) Name and location of school.
(3) Date of instruction.
(4) Names of supervising adults.
(5) Number of pupils participating.
(6) Grade levels of pupils.
(7) Subjects covered in instruction.
(8) Amount of time taken for instruction.
(9) Bus driver's name.
(10) Bus number.
(11) Additional remarks.
The information recorded pursuant to this subdivision shall remain
on file at the district or county office, or at the school, for one
year from the date of the instruction, and shall be subject to
inspection by the Department of the California Highway Patrol.
38049. The name or names of the particular school or schools to
which a schoolbus conveys pupils may be painted on the side of the
bus, in the manner prescribed by the Department of the California
Highway Patrol.
38050. Any officer, agent, or employee of a school district, or
any other person knowingly operating, or permitting or directing the
operation of a schoolbus in violation of any regulation or order of
the Department of the California Highway Patrol, and any person
knowingly operating a school bus without possessing the
qualifications required by the Department of the California Highway
Patrol for schoolbus operators, is guilty of a misdemeanor.
38051. (a) Except as provided in subdivision (b), any officer,
agent, or employee of a school district, office of the county
superintendent of schools, or joint powers agency, or any other
person, knowingly operating, or permitting or directing the operation
of a schoolbus, when it is loaded with schoolchildren in excess of
the limits of its seating capacity, is guilty of a misdemeanor.
(b) The governing board of any school district, office of the
county superintendent of schools, or joint powers agency may adopt a
district policy establishing plans for the evacuation of pupils in
case of any emergency which may provide, where necessary, for the
loading of schoolchildren on a schoolbus in excess of the limits of
its seating capacity.
(c) As used in this subdivision, "emergency" means a natural
disaster or hazard which requires that pupils be moved immediately in
order to ensure their safety.
38052. (a) The governing board of any school district may use
schoolbuses to transport persons for purposes of community recreation
as provided in Sections 10900 to 10915, inclusive, of this code.
The transportation may be provided on any day or days throughout the
school year.
(b) Any school district which files forms with the Superintendent
of Public Instruction covering the annual report of transportation
expense in connection with reimbursement for transportation shall
show on said forms the total mileage of schoolbuses used in providing
transportation for community recreation purposes. The
Superintendent of Public Instruction, in accordance with regulations
adopted by him or her, shall deduct from the allowances to a school
district for transportation an amount equal to the depreciation of
schoolbuses due to their use in transporting persons for community
recreation.
38053. During any national emergency declared by the President of
the United States of America or during any war in which the United
States of America is engaged, the governing board of a school
district may operate any bus owned or under lease to the district for
the transportation of pupils of the district engaged in the
harvesting of crops to and from the places of harvest and shall
require the payment of a reasonable charge for transportation
furnished.
38054. The governing board of any school district may use and
operate any bus owned or under lease to the district for the
transportation of pupils to and from their places of employment
during the summer in connection with any summer employment program
for youth. The governing board shall require the payment of a
reasonable charge for transportation so furnished. The governing
board shall, in accordance with Section 35208, adequately insure
against the liability of the district, members of the board, and
officers and employees of the district in connection with the
furnishing of transportation.
38055. The governing board of any school district may provide for
the transportation of employees of the district and of parents of
pupils of the district to and from educational activities authorized
by the district.
38056. Each schoolbus shall be equipped with one or more fire
extinguishers bearing the approval of the laboratories of the
National Board of Fire Underwriters, Underwriters' Laboratories
Incorporated, or any other nationally recognized testing laboratory,
and located in an easily accessible place in the driver's
compartment.
Each schoolbus shall be equipped with one or more fire
extinguishers with an aggregate rating of at least 8-B, C units, as
rated by the Underwriters' Laboratories Incorporated. Carbon
tetrachloride fire extinguishers shall not be used on schoolbuses.
38057. Guide dogs, signal dogs, and service dogs trained to
provide assistance to individuals with a disability may be
transported in a schoolbus when accompanied by disabled pupils
enrolled in a public or private school or by disabled teachers
employed in a public or private school or community college or by
persons training the dogs.
38058. The governing board of any school district may enter into
a contract under the terms of which the school district grants the
use of any schoolbus which is owned or leased by the school district
to any federal, state, or local governmental agency for the purpose
of providing transportation for employees of the agency to or from
their places of employment, or both, if the following conditions are
satisfied:
(a) No public transportation is reasonably available to the agency'
s employees at their place of employment.
(b) The school district normally provides transportation for
pupils residing on the governmental agency's property to or from
school, or both.
(c) The transportation of the agency's employees does not
interfere with the school district's use of schoolbuses for school
transportation purposes.
(d) All schoolbus warning lights and exterior lettering or signs
that identify the bus as a schoolbus are covered or removed during
operation by the federal, state, or local governmental agency.
(e) Mechanical condition of a schoolbus during operation by the
federal, state, or local governmental agency is maintained so as to
meet or exceed those regulations promulgated by the State Department
of Education pursuant to Section 38047 governing the operation of
schoolbuses.
(f) Accurate records are maintained which reflect the actual
number of miles any schoolbus is driven during times of operation by
the federal, state, or local governmental agency, which records are
to be made available to the Superintendent of Public Instruction in
connection with the annual report of transportation expense made by
the school district. The Superintendent of Public Instruction, in
accordance with Section 38052, shall deduct from the allowances to a
school district for transportation an amount equal to the
depreciation of schoolbuses due to their use in transporting
employees of a federal, state, or local governmental agency pursuant
to this section.
38059. The following requirements shall be included in any
agreement entered into between a school district and a publicly owned
transit system under which the school district grants the use of any
schoolbus which is owned or leased by it to the transit system for
public transportation purposes:
(a) All schoolbus warning lights and exterior lettering or signs
that identify the bus as a schoolbus are covered or removed during
operation by the transit system.
(b) Mechanical condition of a schoolbus during operation by the
transit system is maintained so as to meet or exceed those
regulations promulgated by the State Board of Education pursuant to
Section 38047 governing the operation of schoolbuses.
(c) Accurate records are maintained which reflect the actual
number of miles any schoolbus is driven during times of operation by
the transit system.
Article 4. Special Services
38065. The governing board of any school district may contract
for the transportation of pupils attending schools within the
district to and from any exposition or fair, school activities, or
other activities which the governing board determines to be for the
benefit of the pupils, in this state, and may pay for the
transportation out of any funds of the district available for the
purpose.
CHAPTER 3. CAFETERIAS
Article 1. Establishment and Use
38080. The term "cafeteria" as used in this code is considered
synonymous with the term "food service."
38081. The governing board of any school district may establish
cafeterias in the schools under its jurisdiction whenever in its
judgment it is advisable to do so.
38082. Food shall not be sold at any cafeteria operated by a
school district to anyone except pupils and employees of any school
district, members of the governing board thereof, and members or
employees of the fund or association maintaining the cafeteria;
provided, however, that nothing herein contained shall prohibit the
use of the cafeteria facilities by any work or harvest camp
maintained by or within the district, and by persons entitled to use
the school under the Civic Center Act; and provided further, that the
governing board of any school district operating a cafeteria may
exempt by formal resolution of the board other individuals and
organizations from the operation of this section including senior
citizens participating in any program conducted pursuant to Chapter 6
(commencing with Section 9500) of Division 8.5 of the Welfare and
Institutions Code.
38082. Perishable foodstuffs and seasonal commodities needed in
the operation of cafeterias may be purchased by the school district
in accordance with rules and regulations for such purchase adopted by
the governing board of said district notwithstanding any provisions
of this code in conflict with such rules and regulations.
38083. The food served shall be sold to the patrons of the
cafeterias at such a price as will pay the cost of maintaining the
cafeterias, exclusive of the costs made a charge against the funds of
the school district by this chapter, and items made a charge against
the funds of the school district by resolution of the governing
board under authority of this chapter.
38084. A minimum of 50 percent of the items, other than foods
reimbursed under Chapters 13 (commencing with Section 1751) and 13A
(commencing with Section 1771) of Title 42 of the United States Code,
offered for sale each schoolday at any schoolsite by any entity or
organization during regular school hours shall be selected from the
following list:
(a) Milk and dairy products, including cheese, yogurt, frozen
yogurt, and ice cream.
(b) Full-strength fruit and vegetable juices and fruit drinks
containing 50 percent or more full-strength fruit juice, and fruit
nectars containing 35 percent or more full-strength fruit juice.
(c) Fresh, frozen, canned, and dried fruits and vegetables.
(d) Nuts, seeds, and nut butters.
(e) Nonconfection grain products, as defined by regulation of the
United States Food and Drug Administration, including crackers, bread
sticks, tortillas, pizza, pretzels, bagels, muffins, and popcorn.
(f) Meat, poultry, and fish, and their products, including beef
jerky, tacos, meat turnovers, pizza, chili and sandwiches.
(g) Legumes and legume products, including bean burritos, chili
beans, bean dip, roasted soy beans, and soups.
(h) Any foods which would qualify as one of the required food
components of the Type A lunch which is defined in and reimbursable
under the National School Lunch Act (Chapter 13 (commencing with
Section 1751) of Title 42 of the United States Code).
For the purposes of this section, "item" shall be defined as each
separate kind of food offered for sale as a separate unit.
Article 2. Cafeterias, Funds and Accounts
38090. Money received for the sale of food or for any services
performed by the cafeterias may be paid into the county treasury to
the credit of the "cafeteria fund" of the particular school district.
38091. The cafeteria fund shall be used only for those
expenditures authorized by the governing board as necessary for the
operation of school cafeterias, including, but not limited to,
expenditures for the lease or purchase of additional cafeteria
equipment for the central food processing
plant, vending machines and their installation and
housing, and computer equipment and related software.
Whenever a cafeteria fund is operated pursuant to these
provisions, the governing board may authorize the establishment of
one or more cafeteria revolving accounts. For accounting purposes, a
cafeteria revolving account is to be treated as a revolving cash
account of the cafeteria fund, providing that the receipt of income
and expenditures made from a cafeteria revolving account become
recorded as income and expenditures of the cafeteria fund.
Appropriate transfers, replenishments, and deposits between the
cafeteria fund and a cafeteria revolving account may occur as are
necessary to comply with accounting requirements. A cafeteria
revolving account may receive and expend moneys in the same manner
and for the same purposes as authorized for a cafeteria account.
The governing board of any school district, or of two or more
school districts governed by governing boards of identical personnel,
may also make expenditures from the cafeteria fund for the
construction, alteration, or improvement of a central food processing
plant, for the installation of additional cafeteria equipment for
the central food processing plant, and for the lease or purchase of
vehicles used primarily in connection with the central food
processing plant.
38092. The governing board of any school district with an average
daily attendance of over 100,000 may allow as an expenditure from
the cafeteria fund or account a share of money agreed upon pursuant
to a contract, which is generated from the joint sale of items
between the cafeteria and an associated student body student store.
The expenditure must result from an agreement entered into by the
cafeteria and the associated student body in which pupils will
participate in the operation of the store.
38093. The governing board of any school district may establish
an account for each cafeteria established in a school of the
district, or for all cafeterias established in the schools of the
district, in one or more banks. The account shall be known as "The
Cafeteria Account of (insert name of district) District." If the
account is established for one of several cafeterias, it shall be
known as "The Cafeteria Account of the (insert name of school) School
of (insert name of district) District." All receipts of the
cafeteria, or cafeterias, as the case may be, derived from the sale
of food shall be deposited in the account and shall be expended only
for the maintenance of the cafeteria, or cafeterias, exclusive of
items made a charge against the funds of the school district by this
chapter, and items made a charge against the funds of the school
district by resolution of the governing board under authority of this
chapter.
38094. The governing board of the district shall designate an
employee or employees of the district to have custody of the account
or accounts, who shall be responsible for the payment into the
account or accounts of all moneys required to be paid into the
account or accounts, and for all expenditures therefrom, subject to
any regulations that the governing board prescribes.
38095. Upon the order of the governing board of any district
having a cafeteria fund in the county treasury and establishing an
account, or accounts, the county treasurer shall deposit the money in
the fund to the account, or accounts, and shall notify the county
auditor and county or city and county superintendent of schools of
his action. If the money is to be deposited in more than one
account, the governing board of the district shall designate the
amount to be placed in each account.
Article 3. Cafeterias, Allocation of Charges
38100. The cost of housing and equipping cafeterias is a charge
against the funds of the school district. However, when the
governing board of a school district deems it necessary, the
governing board may make the cost of the lease or purchase of
additional cafeteria equipment for a central food processing plant,
and of vending machines and their installation and housing, a charge
against cafeteria funds. If school district funds are expended for
the lease or purchase of additional cafeteria equipment for a central
food processing plant, or for the lease, purchase, installation, or
housing of vending machines, the governing board may at any time
within five years after the expenditure reimburse school district
funds from cafeteria funds.
The governing board of a school district may by resolution make
the cost of maintenance of the physical plant used in connection with
cafeterias, the cost of replacement of equipment and the cost of
telephone charges, water, electricity, gas, coal, wood, fuel oil, and
garbage disposal a charge against the funds of the school district.
The governing board of any school district, or of two or more
school districts governed by governing boards of identical personnel,
may also make the cost of the construction, alteration, or
improvement of a central food processing plant and the installation
of additional cafeteria equipment a charge against cafeteria funds.
If district funds are expended for these purposes, the governing
board also may at any time within five years after the expenditure
reimburse district funds from cafeteria funds.
38101. (a) The governing board of any school district may
authorize expenditures from the cafeteria fund or cafeteria account
only for those charges from that fund or account that are defined in
the California School Accounting Manual or are reported to the State
Department of Education on form J-380, as revised April 1990.
(b) A food service program shall not be charged more than once for
expenditures for the same service. If a food service program is
being charged for a service as a direct cost, the school district
shall not also allocate that cost as a direct support cost or
indirect cost.
(c) For purposes of this section, an "indirect cost" shall be
limited to the lesser of the school district's prior year indirect
cost rate as approved by the State Department of Education or the
statewide average approved indirect cost for the second prior fiscal
year.
(d) Any charges to, or transfers from, a food service program
shall indicate when the charge or transfer was made and shall be
accompanied by a written explanation of the purpose of, and basis
for, the expenditure.
(e) Nothing in this section authorizes a school district to charge
a food service program any charges prohibited by state or federal
law or regulation.
(f) If the State Department of Education and the Department of
Finance concur that a school district has violated this section, the
Superintendent of Public Instruction shall direct that school
district to transfer double the amount improperly transferred to the
district's general fund from that fund to the district's cafeteria
fund or cafeteria account for the subsequent fiscal year which is
then to be used for the improvement of the district's food service
program. If the school district fails to make that transfer as
directed, the superintendent shall reduce the school district's
regular apportionment determined pursuant to Section 42238 and
increase the district's child nutrition allowance determined pursuant
to Section 41350 by double the amount improperly transferred to the
district's general fund and that amount is then to be used for
improvement of the food service program.
(g) It is the intent of the Legislature in enacting this section
that responsible school district officials be held fully accountable
for the accounting and reporting of food service programs and that
minor and inadvertent instances of noncompliance be resolved in a
fair and equitable manner to the satisfaction of the Superintendent
of Public Instruction and the Department of Finance.
(h) The Superintendent of Public Instruction, with the approval of
the Department of Finance, may waive up to the full transfer amount
in subdivision (f) if he or she determines that the noncompliance
involved is minor or inadvertent, or both.
38102. The governing board of any school district operating
school cafeterias may establish and maintain a cafeteria fund reserve
for the purchase, lease, maintenance, or replacement of cafeteria
equipment, to be known as the cafeteria equipment reserve. The funds
for this reserve are to be derived from the sales of food in the
school cafeterias in an amount to be determined by the governing
board and may be accumulated from year to year until expended for
this purpose. Funds in the cafeteria equipment reserve shall only be
used for the purchase, lease, maintenance, or replacement of
cafeteria equipment.
Nothing in this section shall prohibit any school district from
replacing cafeteria equipment from district funds as provided in
Section 38100.
38103. The governing board of a school district shall employ
persons for food service positions as part of the classified service,
except that school districts may utilize the services of volunteers
for programs that provide meals for senior citizens as authorized
pursuant to Chapter 6 (commencing with Section 9500) of Division 8.5
of the Welfare and Institutions Code. Wages, salaries, and benefits,
including employer retirement contributions for food service
personnel, shall be paid from the general fund of the school district
or from the cafeteria fund, at the discretion of the governing board
and upon approval of the county superintendent of schools who has
responsibility for a countywide payroll/retirement system under
Sections 42646 and 85260. Expenses of the general fund under this
section for the costs of wages, salaries, and benefits, including
employer retirement contributions and other purposes classed as food
service, shall be excluded from the definition of "current expense of
education" as defined in Section 41372. The governing board may, at
any time, order reimbursement from the cafeteria fund or account to
the general fund of the district for payments under this section in
such amounts as it prescribes but not to exceed food service employee
salary, wage and benefit costs actually incurred.
Any reimbursements in excess of the amount actually required shall
be refunded to the cafeteria fund or account not later than the
close of the current fiscal year.
The reimbursements from the cafeteria fund or account shall be
considered expenses of the cafeteria fund or account, as the case may
be, and only those payments made from the general fund that are not
reimbursed from the cafeteria fund or account shall be considered
expenses of the general fund.
Accounting for those transactions shall be as prescribed in
Section 41010.
CHAPTER 4. MISCELLANEOUS PROVISIONS
Article 1. Apparatus and Supplies
38110. The county board of education shall on or before the first
day of February of each year establish rules and regulations under
which any school district in the county shall, except as provided in
Section 40002, purchase standard school supplies and equipment
through the county superintendent of schools, or when so directed by
him or her, through a county purchasing agent.
When the county superintendent of schools purchases standard
school supplies without directing their purchase through the county
purchasing agent or other county, city, or school district agent or
agency, he or she shall make such purchase from the lowest
responsible bidder who shall give such security as the county
superintendent of schools requires, or else reject all bids. For the
purpose of securing bids, the county superintendent of schools shall
publish at least once a week for two weeks in a newspaper of general
circulation published in the county, a notice calling for bids
stating where the list and specifications of standard school supplies
and equipment to be furnished may be obtained and the time when, and
the place where bids will be opened.
The county board of education shall list as standard school
supplies and equipment such supplies and equipment as can be
advantageously purchased in quantity. The list of standard school
supplies shall be accompanied by a table of specifications giving the
minimum grade, quality, substance, or other standard required for
the purchase of each item listed.
The cost of advertising for bids and the cost of preparation of a
table of specifications shall be paid from the county general fund.
The provisions of this section shall not apply to counties of the
first or second class containing no more than three districts with an
average daily attendance of less than 2,500.
38111. The governing board of each school district shall, except
as otherwise provided in this code, purchase school furniture,
including musical instruments, and apparatus, and such other articles
as are necessary for the use of schools, and may, in its discretion,
purchase uniforms and other regalia for the use of school bands,
orchestras and choirs, and including uniforms and equipment necessary
for the use of athletic teams. The provisions of Article 1 of
Chapter 4 of Division 5 of Title 1 of the Government Code shall not
apply to the purchase of musical instruments made pursuant to this
section. Any such articles purchased shall always remain the
property of the school district purchasing them. Only such books,
apparatus, uniforms, and equipment shall be purchased by the
governing board of an elementary school district, if the board is not
a city board of education, as have been adopted by the county board
of education having jurisdiction over the district.
38112. (a) Except as provided in subdivision (b), the governing
board of any school district may purchase any necessary school
supplies and equipment, including standard school supplies and
equipment listed by the county board of education, in the manner
provided in this chapter, or the governing board of any school
district may purchase such supplies and equipment directly from the
vendor. Such direct purchase may be as a single district or two or
more districts acting as a cooperative.
(b) An elementary school district having an average daily
attendance of less than 2,500 during the preceding fiscal year may
purchase standard school supplies and equipment directly from a
vendor only by means of a purchasing cooperative representing a total
average daily attendance in excess of 2,500 and then only if the
county superintendent of schools has on file a document certifying
the school district's membership in such a cooperative.
38113. The clerk of each district shall, under the direction of
the board of trustees, provide all school supplies authorized by this
chapter.
38114. The cost of maintaining schoolbuses may be paid out of any
funds of the district except funds derived from the sale of bonds
and funds required by law to be set aside for teachers' salaries.
38115. The superintendent of schools of each county may transfer
at the beginning of any school year from the funds of the school
districts of the county which elect to purchase equipment and
supplies in accordance with Section 38110, to the school supply
revolving fund, which fund is continued in existence, a sum not to
exceed 10 percent of the amount to be received during the school year
by each district from the State School Fund.
38116. If in any county a school supply revolving fund is not
established, payment for school supplies and equipment purchased
through the county superintendent of schools or through the county
purchasing agent shall be made by order of the governing board of the
school district purchasing them, in the same manner as other
payments are made from school district funds.
38117. The governing board of each school district throughout the
state shall provide for each schoolhouse under its control, a
suitable Flag of the United States, which shall be hoisted above each
schoolhouse during all school sessions and on school holidays,
weather permitting.
The governing board of each school district shall provide smaller
and suitable United States Flags to be displayed in each schoolroom
at all times during the school sessions.
The governing board of each school district shall enforce this
section.
38118. Writing and drawing paper, pens, inks, blackboards,
blackboard erasers, crayons, lead pencils, and other necessary
supplies for the use of the schools, shall be furnished under
direction of the governing boards of the school districts.
38119. The governing board of a school district may rent or lease
personal property needed for district purposes, including the
renting or leasing of caps and gowns for seniors who participate in
high school graduation ceremonies.
38120. The governing board of any school district may lend school
band instruments, music, uniforms, and other regalia to persons who
are or have been, during the prior school year, members of the school
band for use by them on excursions to foreign countries whether or
not such an excursion is sanctioned by the governing board.
The governing board may require the borrower to make a deposit or
take other measures to insure that the items borrowed will be
returned in usable condition.
Article 2. Use of School Property
38130. This article shall be known and may be cited as the Civic
Center Act.
38131. (a) There is a civic center at each and every public
school facility and grounds within the state where the citizens,
parent-teachers' associations, camp fire girls, boy scout troops,
farmers' organizations, school-community advisory councils, senior
citizens' organizations, clubs, and associations formed for
recreational, educational, political, economic, artistic, or moral
activities of the public school districts may engage in supervised
recreational activities, and where they may meet and discuss, from
time to time, as they may desire, any subjects and questions which in
their judgment pertain to the educational, political, economic,
artistic, and moral interests of the citizens of the communities in
which they reside.
(b) The governing board of any school district may grant the use
of school facilities or grounds as a civic center upon the terms and
conditions the board deems proper, subject to the limitations,
requirements, and restrictions set forth in this article, for any of
the following purposes:
(1) Public, literary, scientific, recreational, educational, or
public agency meetings.
(2) The discussion of matters of general or public interest.
(3) The conduct of religious services for temporary periods, on a
one-time or renewable basis, by any church or religious organization
that has no suitable meeting place for the conduct of the services,
provided the governing board charges the church or religious
organization using the school facilities or grounds a fee as
specified in subdivision (d) of Section 40043.
(4) Child care or day care programs to provide supervision and
activities for children of preschool and elementary school age.
(5) The administration of examinations for the selection of
personnel or the instruction of precinct board members by public
agencies.
(6) Supervised recreational activities including, but not limited
to, sports league activities for youths that are arranged for and
supervised by entities, including religious organizations or
churches, and in which youths may participate regardless of religious
belief or denomination.
(7) Other purposes deemed appropriate by the governing board.
38132. Notwithstanding Section 38134, the governing board of any
school district shall grant the use of school buildings, grounds, and
equipment to public agencies, including the American Red Cross, for
mass care and welfare shelters during disasters or other emergencies
affecting the public health and welfare. The governing board shall
cooperate with these agencies in furnishing and maintaining such
services as the governing board may deem necessary to meet the needs
of the community.
38133. The management, direction, and control of school
facilities under this article is vested in the governing board of the
school district which shall promulgate all rules and regulations
necessary to provide, at a minimum, for the following:
(1) Aid, assistance, and encouragement to any of the activities
authorized in Sections 40041 and 40041.5.
(2) Preservation of order in school facilities and on school
grounds, and protection of school facilities and school grounds,
including, if the governing board deems necessary, appointment of a
person who shall have charge of the school facilities and grounds for
purposes of their preservation and protection.
(3) That the use of school facilities or grounds is not
inconsistent with the use of the school facilities or grounds for
school purposes or interferes with the regular conduct of schoolwork.
38134. (a) The governing board of any school district shall
authorize the use of any school facilities or grounds under its
control, when an alternative location is not available, to nonprofit
organizations, and clubs or associations organized to promote youth
and school activities, including, but not limited to:
(1) Girl Scouts, Boy Scouts, Camp Fire, Inc.
(2) Parent-teachers' associations.
(3) School-community advisory councils.
This subdivision shall not apply to any group that uses school
facilities or grounds for fundraising activities that are not
beneficial to youth or public school activities of the district, as
determined by the governing board.
(b) Except as otherwise provided by law, the governing board may
charge an amount not to exceed its direct costs for use of its school
facilities. Each governing board that decides to levy these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs.
(c) The governing board of any school district may charge an
amount not to exceed its direct costs for use of its school
facilities by any entity, including a religious organization or
church, that arranges for and supervises sports league activities for
youths as described in paragraph (6) of subdivision (b) of Section
38131.
(d) The governing board of any school district that authorizes the
use of school facilities or grounds for the purpose specified in
paragraph (3) of subdivision (b) of Section 38131 shall charge the
church or religious denomination an amount at least equal to the
district's direct costs.
(e) In the case of entertainments or meetings where admission fees
are charged or contributions are solicited and the net receipts are
not expended for the welfare of the pupils of the district or for
charitable purposes, a charge shall be levied for the use of school
facilities or grounds which charge shall be equal to fair rental
value.
(f) If any group activity results in the destruction of school
property, the group may be charged for an amount necessary to repay
the damages, and further use of facilities may be denied.
(g) As used in this section, "direct costs" to the district for
the use of school facilities or grounds means those costs of
supplies, utilities, janitorial services, services of any other
district employees, and salaries paid school district employees
necessitated by the organization's use of the school facilities and
grounds of the district.
(h) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the school
facilities or grounds used for the duration of the activity
authorized.
(i) Any school district authorizing the use of school facilities
or grounds under subdivision (a) shall be liable for any injuries
resulting from the negligence of the district in the ownership and
maintenance of those facilities or grounds. Any group using school
facilities or grounds under subdivision (a) shall be liable for any
injuries resulting from the negligence of that group during the use
of those facilities or grounds. The district and the group shall
each bear the cost of insuring against its respective risks and shall
each bear the costs of defending itself against claims arising from
those risks. Notwithstanding any other provision of law, this
subdivision shall not be waived. Nothing in this subdivision shall
be construed to limit or affect the immunity or liability of a school
district under Division 3.6 (commencing with Section 810) of Title 1
of the Government Code, for injuries caused by a dangerous condition
of public property.
38135. Any use, by any individual, society, group, or
organization for the commission of any act intended to further any
program or movement the purpose of which is to accomplish the
overthrow of the government of the United States or of the state by
force, violence, or other unlawful means shall not be permitted or
suffered.
Any individual, society, group, or organization which commits any
act intended to further any program or movement the purpose of which
is to accomplish the overthrow of the government by force, violence,
or other unlawful means while using school property pursuant to the
provisions of this chapter is guilty of a misdemeanor.
38136. No governing board of a school district shall grant the
use of any school property to any person or organization for any use
in violation of Section 38135.
For the purpose of determining whether or not any individual,
society, group, or organization applying for the use of the school
property intends to violate Section 38135, the governing board shall
require the making and delivery to the governing board, by the
applicant of a written statement of information in the following
form:
STATEMENT OF INFORMATION
The undersigned states that, to the best of his or her knowledge,
the school property for use of which application is hereby made will
not be used for the commission of any act intended to further any
program or movement the purpose of which is to accomplish the
overthrow of the government of the United States by force, violence
or other unlawful means;
That ____, the organization on whose behalf he or she is making
application for use of school property, does not, to the best of his
or her knowledge, advocate the overthrow of the government of the
United States or of the State of California by force, violence, or
other unlawful means, and that, to the best of his or her knowledge,
it is not a Communist action organization or Communist front
organization required by law to be registered with the Attorney
General of the United States. This statement is made under the
penalties of perjury.
____________________
(Signature)
The school board may require the furnishing of additional
information as it deems necessary to make the determination that the
use of school property for which application is made would not
violate Section 38135.
Any person applying for the use of school property on behalf of
any society, group, or organization shall be a member of the
applicant group and, unless he or she is an officer of the group,
must present written authorization from the applicant group to make
the application.
The governing board of any school district may, in its discretion,
consider any statement of information or written authorization made
pursuant to the requirements of this section as being continuing in
effect for the purposes of this section for the period of one year
from the date of the statement of information or written
authorization.
38137. Written statements of information as required by Section
38136 need not be under oath, but shall contain a written declaration
that they are made under the penalty of perjury, and any person so
signing the statements who willfully states therein as true any
material matter which he or she knows to be false, is subject to the
penalties prescribed for perjury in the Penal Code.
38138. Notwithstanding the provisions of this article or any
other provisions of law, when a nonpartisan charitable organization
organized under the laws of this state has constructed or will
construct, subject to the provisions of Article 3 (commencing with
Section 39140) of Chapter 2 of this part, a school athletic and youth
center facility at no cost to a school district, upon a
school-district-owned site to be owned by and for the benefit of the
school occupying the site, the governing board of the school
district, in accepting the donation and prescribing the conditions
and restrictions with respect thereto, may permit the general use of
the facility under the provisions of this article for specified
supervised recreational activities which are sponsored by or
conducted by the donor organization, and may also permit the donor
organization to use the facility for this purpose at times when the
facility is not being used by the school district for the
educational program and related school activities of the designated
beneficiary school, unless the use and occupancy of the facility by
the donor organization would otherwise interfere with the regular
conduct of the school. Any use granted to the donor organization
shall, however, immediately and forever terminate if the donor
organization denies the use of the facility to any person because of
their race, religion, creed, national origin, ancestry, or sex.
This section shall apply only to elementary school districts in
San Diego County which had an average daily attendance of 425 or less
during the 1970-71 school year, and which, during the 1970-71 school
year, had a modified assessed valuation per pupil in average daily
attendance of between forty-five thousand dollars ($45,000) and fifty
thousand dollars ($50,000).
38139. (a) Public primary schools shall post at an appropriate
area restricted to adults information regarding missing children
provided by the Department of Justice pursuant to Section 11114.1 of
the Penal Code.
(b) Public secondary schools shall post at an appropriate area
information regarding missing children provided by the Department of
Justice pursuant to Section 11114.1 of the Penal Code.
Article 3. Farm Labor Driver Training Course
38150. The State Department of Education shall develop or approve
a course for the training of schoolbus, school pupil activity bus,
and farm labor vehicle drivers that will provide them with the skills
and knowledge necessary to prepare them for an examination for
certification pursuant to Sections 12517 and 12519 of the Vehicle
Code. The department shall seek the advice and assistance of the
Department of Motor Vehicles and the Department of the California
Highway Patrol in developing or approving such a course.
The department shall train or approve the necessary instructional
personnel to conduct the course. For schoolbus and school pupil
activity bus training, the department shall provide for and approve
the course outline and lesson plans used in the course. For farm
labor vehicle training, the department shall approve the course
outline and lesson plans used in the course.
Article 4. Specialized Vehicle Driver Training Courses
38155. (a) This article governs the minimum training required for
drivers to obtain or renew a certificate described in Section 12517,
12519, or 12804.6 of the Vehicle Code.
(b) As used in this article, "department" means the State
Department of Education.
38156. (a) The department shall develop or approve courses for
training school pupil activity bus (SPAB), transit bus, schoolbus,
and farm labor vehicle drivers that will provide them with the skills
and knowledge necessary to prepare them for certification pursuant
to Sections 12517, 12519, and 12804.6 of the Vehicle Code. The
department shall seek the advice and assistance of the Department of
Motor Vehicles and the Department of the California Highway Patrol in
developing or approving those courses.
(b) The department shall train or approve the necessary
instructional personnel to conduct the driver training courses. For
all schoolbus and school pupil activity bus (SPAB) driver instructor
training, the department shall provide for and approve the course
outline and lesson plans used in the course. For transit bus and
farm labor vehicle driver training, the department shall approve the
course outline and lesson plans used in the course.
(c) All courses of study and training activities required by this
article shall be approved by the department and given by, or in the
presence of, an instructor in possession of a valid school pupil
activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle
driver instructor certificate of the appropriate class.
(d) As an alternative to subdivisions (a), (b), and (c),
instructors who have received a certificate from the Transportation
Safety Institute of the United States Department of Transportation
indicating that they have completed the Mass Transit Instructor
Orientation and Training (Train-the-Trainer) course may approve
courses of instruction and train transit bus drivers in order to meet
the requirements for certification pursuant to Section 12804.6 of
the Vehicle Code.
38157. (a) An original applicant for a certificate to drive a
schoolbus, as defined by Section 545 of the Vehicle Code, shall have
successfully completed a minimum 40-hour course of instruction. The
course shall include at least 20 hours of classroom instruction in,
but not limited to, all units of the Instructor's Manual for
California's Bus Driver's Training Course. All classroom instruction
shall be given by, or in the presence of, a state-certified
instructor of the appropriate class. The course shall also include
at least 20 hours of applicant behind-the-wheel training in all
sections of the Instructor's Behind-the-Wheel Guide for California's
Bus Driver's Training Course. Applicant behind-the-wheel training
shall include driving vehicles comparable to those vehicles that will
be driven by the applicant to transport pupils. All
behind-the-wheel training shall be given by a state-certified
instructor of the appropriate class or the delegated behind-the-wheel
trainer as designated pursuant to Section 38160.
(b) Except as provided in subdivision (c), a driver who is holding
a driver certificate or endorsement described in Section 38158, and
is seeking a schoolbus certificate of the appropriate class, shall
have successfully completed a minimum of five hours of classroom
instruction, including, but not limited to, schoolbus laws and
regulations, defensive driving, student loading and unloading, and
the exceptional child. All classroom instruction shall be given by,
or in the presence of, a state-certified instructor of the
appropriate class. The driver shall also complete at least three
hours of behind-the-wheel training in defensive driving practices,
lane control, railroad grade crossing procedures, and student
loading and unloading.
(c) A driver who has received training by an instructor who has
received a certificate as described in subdivision (d) of Section
38156 may not be certified to drive a schoolbus in the manner
described in subdivision (b).
38158. An original applicant for a certificate to drive any bus
defined by Section 546 or 642 of the Vehicle Code shall have
successfully completed a minimum 35-hour course of instruction. The
course shall include at least 15 hours of classroom instruction,
including, but not limited to, all units of the Instructor's Manual
for California's Bus Driver's Training Course, or other classroom
curricula which the department has certified meets or exceeds the
standards in its curricula. All classroom instruction shall be given
by, or in the presence of, a state-certified instructor of the
appropriate class, except that an instructor who has received a
certificate as described in subdivision (d) of Section 38156 may
provide the training for an original applicant for a certificate to
drive a bus defined by Section 642 of the Vehicle Code. The course
shall also include at least 20 hours of applicant behind-the-wheel
training in all sections of the Instructor's Behind-the-Wheel Guide
for California's Bus Driver's Training Course, or at least 20 hours
of other behind-the-wheel training or driving experience which the
department has certified meets or exceeds the standards of its
training course. Applicant behind-the-wheel training shall include
driving vehicles comparable to those vehicles that will be used to
transport passengers. All behind-the-wheel training for a
certificate to drive a bus defined by Section 546 of the Vehicle Code
shall be given by a state-certified instructor of the appropriate
class or the delegated behind-the-wheel trainer as designated
pursuant to Section 38160. All behind-the-wheel training for a
certificate to drive a bus defined by Section 642 of the Vehicle Code
shall be given by a state-certified instructor of the appropriate
class or the delegated behind-the-wheel trainer as designated
pursuant to Section 38160, or the delegated behind-the-wheel trainer
as designated by the instructor certified pursuant to subdivision (d)
of Section 38156.
This section shall become operative on January 1, 1993.
38159. An original applicant for a certificate to drive a farm
labor vehicle shall have successfully completed a minimum 20-hour
course of instruction. The course shall include at least 10 hours of
classroom instruction, including, but not limited to, all units of
the Instructor's Manual for California's Bus Driver's Training
Course. All classroom instruction shall be given by, or in the
presence of, a state-certified instructor of the appropriate class.
The course shall also include at least 10 hours of applicant
behind-the-wheel training in all sections of the Instructor's
Behind-the-Wheel Guide for California's Bus Driver's Training Course.
Applicant behind-the-wheel training shall include driving vehicles
comparable to those that will be driven by the applicant to transport
farm passengers. All behind-the-wheel training shall be given by a
state-certified instructor of the appropriate class or the delegated
behind-the-wheel trainer as designated pursuant to Section 38160.
38160. (a) All behind-the-wheel training required to obtain
certificates pursuant to Sections 12517 and 12519 of the Vehicle Code
shall be performed by a state-certified instructor or by a delegated
behind-the-wheel trainer who has been certified or approved by the
department to conduct the required training.
(b) A delegated behind-the-wheel trainer is a person selected to
assist a state-certified instructor in the behind-the-wheel training
of drivers. Selected persons shall be trained by state-certified
instructors and approved by the department prior to conducting any
behind-the-wheel training. The minimum standards for the selection
of a delegated behind-the-wheel trainer are as follows:
(1) One year experience as a driver of the appropriate type and
size vehicle immediately preceding the date of selection as a
delegated behind-the-wheel trainer.
(2) Possession of the appropriate license, certificates, and
endorsements needed to drive and train in a particular type and size
vehicle.
(3) A high school diploma or general education development
equivalent.
(4) A driving record with no chargeable accidents within the past
three years immediately preceding the date of selection.
(5) Successful completion of all training in the latest edition of
the Instructor's Behind-the-Wheel Training Guide for California's
Bus Driver's Training Course given by, and in the presence of, a
state-certified instructor of the appropriate class.
(6) Successful completion of a written assessment test on current
laws, regulations, and policies given by, and in the presence of, a
state-certified instructor of the appropriate class.
(7) Successful completion of a driving test and a behind-the-wheel
training performance test on all phases of behind-the-wheel and
vehicle inspection training. The test shall be given by, and in the
presence of, a state-certified instructor of the appropriate class.
(c) The state-certified instructor shall train and document the
qualifications and competence of each delegated behind-the-wheel
trainer to be utilized in training. All training required by this
section shall be documented on the State Department of Education
Training Certificate T-01, and signed by a state-certified school
pupil activity bus (SPAB), transit bus, schoolbus, or farm labor
vehicle driver instructor of the appropriate class, and by the
delegated behind-the-wheel trainer. The signatures shall certify
that the instruction was given to, and received by, the delegated
behind-the-wheel trainer and that the delegated behind-the-wheel
trainer displayed a level of competency necessary to train drivers to
drive authorized vehicles in a safe and competent manner. The
completed State Department of Education Training Certificate T-01
shall be submitted to the department in Sacramento, along with all
other required documents, when requesting approval of a delegated
behind-the-wheel trainer.
(d) The department may disapprove the eligibility of a delegated
behind-the-wheel trainer for any of the following causes:
(1) The state-certified instructor authorizing the competency of
the delegated behind-the-wheel trainer has requested disapproval.
(2) The employer of the delegated behind-the-wheel trainer has
requested disapproval.
(3) The delegated behind-the-wheel trainer has voluntarily
requested disapproval.
(4) The delegated behind-the-wheel trainer failed to comply with
Section 40087.
(5) The delegated behind-the-wheel trainer failed to comply with
Section 40084.5.
(6) The delegated behind-the-wheel trainer does not possess a
valid driver's license, appropriate endorsements, or special driver's
certificate of the appropriate class.
(7) The delegated behind-the-wheel trainer's driver's license or
special driver's certificate has been suspended or revoked.
(e) A delegated behind-the-wheel trainer may be limited in
behind-the-wheel training as determined by the department.
38161. Applicants seeking to renew a certificate to drive a
schoolbus as defined in Section 545 of the Vehicle Code or a school
pupil activity bus as defined in Section 546 of the Vehicle Code
shall have successfully completed at least 10 hours of original or
renewal classroom instruction, or behind-the-wheel or in-service
training during each 12 months of certificate validity. In-service
training credit may be given by a state-certified driver instructor
of the appropriate class to an applicant for attending or
participating in appropriate driver training workshops, driver safety
meetings, driver safety conferences, and other activities directly
related to passenger safety and driver training. During the last 12
months of the special driver certificate validity, the 10 hours
required shall consist of classroom instruction covering, but not
limited to, current laws and regulations, defensive driving, accident
prevention, emergency procedures, and passenger loading and
unloading. Failure to successfully complete the required training
during any 12-month period of certificate validity is cause for the
Department of Motor Vehicles to cancel the busdriver certificate.
All training required by Section 38166 may be accepted in lieu of the
requirements of this section.
38162. Applicants seeking to renew a certificate to drive a
transit bus as defined in Section 642 of the Vehicle Code shall have
successfully completed at least eight hours of original or renewal
classroom instruction, or behind-the-wheel or in-service training
during each 12 months of certificate validity. In-service training
credit may be given by a state-certified driver instructor of the
appropriate class, or an instructor certified pursuant to subdivision
(d) of Section 38156, to an applicant for attending or participating
in appropriate driver training workshops, driver safety meetings,
driver safety conferences, and other activities directly related to
passenger safety and driver training. During the last 12 months of
the validity of the certificate, the eight hours required shall
consist of classroom instruction covering, but not limited to,
current laws and regulations, defensive driving, accident prevention,
emergency procedures, and passenger loading and unloading. Failure
to successfully complete the required training during any 12-month
period of certificate validity is cause for the Department of Motor
Vehicles to cancel the busdriver certificate. All training required
by Section 38166 may be accepted in lieu of the requirements of this
section.
This section shall become operative on January 1, 1993.
38163. Applicants seeking to renew a certificate to drive a farm
labor vehicle shall have successfully completed two hours of
classroom instruction for each 12 months of certificate validity
covering, but not limited to, current laws and regulations, accident
prevention, and defensive driving. Failure to successfully complete
the required training during any 12-month period of certificate
validity is cause for the Department of Motor Vehicles to cancel the
farm labor vehicle driver license or certificate. All training
required in Section 38166 may be accepted in lieu of the requirements
of this section.
38164. (a) Except as provided in subdivision (b), driver training
required by this article shall be properly documented on the State
Department of Education Training Certificate T-01, and signed by a
state-certified school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor of the appropriate
class, and by the driver or applicant. The signatures certify that
the instruction was given to, and received by, the applicant or
driver, and that the applicant or driver displayed a level of
competency necessary to drive the vehicle in a safe and competent
manner. The applicant or driver shall present the completed State
Department of Education Training Certificate T-01, to the examining
state agency when applying for an endorsement or certificate, or, for
renewal of an endorsement or certificate.
(b) Driver training provided by an instructor certified pursuant
to subdivision (d) of Section 38156 shall be documented on a form
developed by the Department of Motor Vehicles, with the consultation
of the department. The form shall be signed by the instructor and by
the applicant or driver. The signatures certify that the instruction
was given to, and received by, the applicant or driver, and that the
applicant or driver displayed a level of competency necessary to
drive the vehicle in a safe and competent manner. The applicant or
driver shall present the completed form to the Department of Motor
Vehicles when applying for a certificate or for renewal of a
certificate.
38165. (a) An applicant for a school pupil activity bus (SPAB),
transit bus, schoolbus, or farm labor vehicle driver instructor
certificate shall successfully complete the appropriate instructor
course given or approved by the department.
(b) An applicant for the course shall possess:
(1) A valid driver's license and endorsement valid for driving the
vehicles for which the driver instructor rating is sought.
(2) A certificate or endorsement valid for driving the vehicles
for which the driver instructor rating is sought.
(3) Five years of experience as a driver in the appropriate
vehicle category, or two years experience of that driving experience
and three years equivalent experience driving vehicles that require a
class A or B driver's license.
(4) A high school diploma or General Education Development (GED)
equivalent.
(5) A driving record with no chargeable accidents within the past
three years preceding the date of application for the instructor
certificate.
The department may waive any or all of the requirements of this
subdivision as it determines is necessary to ensure that there are an
adequate number of state-certified instructors in the state.
(c) (1) A state-certified schoolbus driver instructor of the
appropriate class may instruct all applicants for a schoolbus, school
pupil activity bus (SPAB), transit bus, or farm labor vehicle driver'
s certificate.
(2) A state-certified school pupil activity bus (SPAB) driver
instructor of the appropriate class may instruct all applicants for a
school pupil activity bus (SPAB), transit bus, or farm labor vehicle
driver's certificate, but not a schoolbus certificate.
(3) A state-certified transit bus instructor of the appropriate
class may instruct all applicants for a transit bus or farm labor
driver's certificate, but not a school pupil activity bus (SPAB) or a
schoolbus certificate.
(4) A state-certified farm labor vehicle driver instructor may
instruct applicants only for a certificate to drive a farm labor
vehicle.
(d) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor certificate shall be valid
until suspended, revoked, or canceled if it is accompanied by a valid
driver's license and a special driver's certificate or valid driver'
s license and endorsement of the appropriate class or is limited to
classroom or in-service training only.
(e) The department may suspend or revoke a school pupil activity
bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver
instructor certificate for any of the following causes:
(1) The certificate holder failed to comply with Section 38164.
(2) The certificate holder failed to comply with Section 38160.
(3) The certificate holder has committed an act listed in Section
13369 of the Vehicle Code or Section 13370 of that code.
(f) The department shall revoke a schoolbus, school pupil activity
bus (SPAB), transit bus, or farm labor vehicle driver instructor
certificate if the certificate holder falsified a State Department of
Education Training Certificate T-01, T-02, or T-03.
(g) The department may cancel the driver instructor certificate
for any of the following causes:
(1) The certificate holder has voluntarily requested cancellation.
(2) The certificate holder has his or her driving privilege
suspended or revoked.
(3) The certificate holder has failed to meet the provisions
required for retention of the driver instructor certificate. This
includes failure to meet the instructor training requirements
prescribed by Section 38166.
(4) The certificate holder does not possess a valid driver's
license, endorsement, or special driver's certificate of the
appropriate class.
(h) The department shall by regulation adopt an instructor
certificate appeals procedure for subdivisions (e), (f), and (g).
(i) The Department of Motor Vehicles or the Department of the
California Highway Patrol may disallow the driver training
documentation provided pursuant to Section 38164 signed by any driver
instructor certified pursuant to Section 38156 if either of those
departments finds that the instructor's certificate would have been
suspended, revoked, or canceled for any of the reasons designated in
subdivision (e), (f), or (g).
38166. (a) A school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor with no
instructional limitations shall conduct at least 20 hours of
instruction each 12 months that includes at least 10 hours of
behind-the-wheel and 10 hours of classroom training, which need not
be given in a single session. A school pupil activity bus (SPAB),
transit bus, schoolbus, or farm labor vehicle driver instructor
limited to either classroom or behind-the-wheel training only shall
conduct at least 10 hours of instruction each 12 months that includes
at least 10 hours of behind-the-wheel or classroom training
depending on the limitation. The training need not be given in a
single session. A school pupil activity bus (SPAB), transit bus,
schoolbus, or farm labor vehicle driver instructor limited to
in-service training only shall conduct at least 10 hours of
in-service training each 12 months. All school pupil activity bus
(SPAB), transit bus, schoolbus, and farm labor vehicle driver
instructor training conducted by department staff may be accepted in
lieu of the requirements of this subdivision.
(b) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor may be limited to classroom
instruction, behind-the-wheel training or in-service training only,
and prohibited from recording, documenting, or signing for any
training required by this article, as determined by the department.
(c) A school pupil activity bus (SPAB), transit bus, schoolbus, or
farm labor vehicle driver instructor shall be limited to
behind-the-wheel instruction in vehicles that the instructor is
qualified to drive.
(d) All school pupil activity bus (SPAB), transit bus, schoolbus,
or farm labor vehicle driver instructor training required by
subdivision (a) shall be properly documented on a State Department of
Education Training Certificate T-01, and signed by the
state-certified instructor at the end of each 12-month training
period. The signature certifies that the required instruction
was conducted during the
12-month training period. Upon renewal of the instructor driver's
license, endorsement, or certificate, the completed instructor
training record, recorded on the State Department of Education
Training Certificate, shall be submitted to the department in
Sacramento.
38167. The department may assess fees to any instructor applicant
who will be training drivers of any vehicle as defined in Section
642 of the Vehicle Code. The fee shall not be more than necessary to
offset the department's reasonable costs.
38168. Employers shall take all action necessary to make
available to every transit busdriver required to be trained pursuant
to Section 38158 or 38162 the opportunity to be trained without the
loss of wages or benefits.
SEC. 6. Part 23 (commencing with Section 39001) of the Education
Code is repealed.
SEC. 7. Section 53080 of the Government Code is repealed.
53080. (a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any development project within the boundaries of the
district, for the purpose of funding the construction or
reconstruction of school facilities, subject to any limitations set
forth in Chapter 4.9 (commencing with Section 65995) of Division 1 of
Title 7. This fee, charge, dedication, or other requirement may be
applied to construction only as follows:
(A) To new commercial and industrial construction. The chargeable
covered and enclosed space of a commercial or industrial development
project, as defined in Section 65995, shall not be deemed to include
the square footage of any structure existing on the site of that
development project as of the date the first building permit is
issued for any portion of that development project.
(B) To new residential construction.
(C) To other residential construction, only if the resulting
increase in assessable space, as defined in Section 65995, exceeds
500 square feet. The calculation of the "resulting increase in
assessable space" for this purpose shall reflect any decrease in
assessable space in the same residential structure that also results
from that construction. Where authorized under this paragraph, the
fee, charge, dedication, or other requirement is applicable to the
total resulting increase in assessable space.
(2) For purposes of this section, "development project" means any
project undertaken for the purpose of development, and includes a
project involving the issuance of a permit for construction or
reconstruction, but not a permit to operate.
(3) For purposes of this section, "construction or reconstruction
of school facilities" does not include any item of expenditure for
any of the following:
(A) The regular maintenance or routine repair of school buildings
and facilities.
(B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
(C) The purposes of deferred maintenance described in Section
39618 of the Education Code.
(4) The appropriate city or county may be authorized, pursuant to
contractual agreement with the governing board, to collect and
otherwise administer, on behalf of the school district, any fee,
charge, dedication, or other requirement levied under this
subdivision. In the event of any agreement authorizing a city or
county to collect that fee, charge, dedication, or other requirement
in any area within the school district, the certification requirement
set forth in subdivision (b) or (c), as appropriate, is deemed to be
complied with as to any residential development project within that
area upon receipt by that city or county of payment of the fee,
charge, dedication, or other requirement imposed on that project.
(5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001. In addition,
an amount not to exceed, in any fiscal year, 3 percent of the fees
collected in that fiscal year pursuant to this section may be
retained by the school district, city, or county, as appropriate, for
reimbursement of the administrative costs incurred by that entity in
collecting the fees. When any city or county is entitled, under an
agreement as described in paragraph (4), to compensation in excess
of that amount, the payment of that excess compensation shall be made
from other revenue sources available to the school district.
(b) No city or county, whether general law or chartered, may issue
a building permit for any development absent certification by the
appropriate school district of compliance by that development project
with any fee, charge, dedication, or other requirement levied by the
governing board of that school district pursuant to subdivision (a),
or of the district's determination that the fee, charge, dedication,
or other requirement does not apply to the development project.
(c) If, pursuant to subdivision (c) of Section 53080.1, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007, the
restriction set forth in subdivision (b) of this section does not
apply. In that event, however, no city or county, whether general
law or chartered, may conduct a final inspection or issue a
certificate of occupancy, whichever is later, for any residential
development project absent certification by the appropriate school
district of compliance by that development project with any fee,
charge, dedication, or other requirement levied by the governing
board of that school district pursuant to subdivision (a).
(d) Neither subdivision (b) nor (c) shall apply to a city or
county as to any fee, charge, dedication, or other requirement as
described in subdivision (a), or as to any increase in that fee,
charge, dedication, or other requirement, except upon the receipt by
that city or county of notification of the adoption of, or increase
in, the fee or other requirement in accordance with subdivision (c)
of Section 53080.1.
SEC. 8. Section 53080.1 of the Government Code is repealed.
53080.1. (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 53080, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7, with Section 54994.1, and
with the procedures for mailed notice set forth in Section 54992.
The adoption, increase, or imposition of any fee, charge, dedication,
or other requirement pursuant to Section 53080 shall not be subject
to Division 13 (commencing with Section 21000) of the Public
Resources Code. The adoption of, or increase in, the fee, charge,
dedication, or other requirement shall be effective no sooner than 60
days following the final action on that adoption or increase, except
as specified in subdivision (b).
(b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote
of the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions
may be granted.
(c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement. The school district governing board shall
specify, pursuant to that notification, whether or not the collection
of the fee or other charge is subject to the restriction set forth
in subdivision (a) of Section 66007.
(d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 53080 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020,
except that the procedures set forth in Section 66021 are deemed to
apply, for this purpose, to commercial and industrial development, as
well as to residential development.
(e) In the case of any commercial or industrial development, the
following procedures shall also apply:
(1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001, do all of the following:
(A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
(B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation
estimates shall be based upon commercial and industrial factors
within the district or upon, in whole or in part, the applicable
employee generation estimates set forth in the January 1990 edition
of "San Diego Traffic Generators," a report of the San Diego
Association of Governments.
(C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
(2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed pursuant to Section
53080 on the basis of a category of commercial or industrial
development, as described in paragraph (1), the governing board shall
provide a process that permits the party against whom the fee,
charge, dedication, or other requirement is to be imposed the
opportunity for a hearing to appeal that imposition. The grounds for
that appeal include, but are not limited to, the inaccuracy of
including the project within the category pursuant to which the fee,
charge, dedication, or other requirement is to be imposed, or that
the employee generation or pupil generation factors utilized under
the applicable category are inaccurate as applied to the project.
The party appealing the imposition of the fee, charge, dedication, or
other requirement shall bear the burden of establishing that the
fee, charge, dedication, or other requirement is improper.
SEC. 9. Section 53080.15 of the Government Code is repealed.
53080.15. (a) No fee, charge, dedication, or other requirement
may be levied by any school district pursuant to Section 53080 upon
any greenhouse or other space that is covered or enclosed for
agricultural purposes, unless and until the district first complies
with subdivisions (b) and (c).
(b) The school district governing board shall make a finding,
supported by substantial evidence, of both of the following:
(1) The amount of the proposed fees or other requirements and the
location of the land, if any, to be dedicated, bear a reasonable
relationship and are limited to the needs of the community for
elementary or high school facilities caused by the development.
(2) The amount of the proposed fees or other requirements does not
exceed the estimated reasonable cost of providing for the
construction or reconstruction of the school facilities necessitated
by the development projects from which the fees or other requirements
are to be collected.
(c) In determining the amount of the fees or other requirements,
if any, to be levied on the development of any structure as described
in subdivision (a), the school district governing board shall
consider the relationship between the proposed increase in the number
of employees, if any, the size and specific use of the structure,
and the cost of the construction. No fee, charge, dedication, or
other form of requirement, as authorized under Section 53080, shall
be applied to the development of any structure described in
subdivision (a) where the governing board finds either that the
number of employees is not increased as a result of that development,
or that housing has been provided for those employees, to the extent
of any increase, by their employer, against which housing a fee,
charge, or dedication, or other form of requirement has been applied
under Section 53080. In developing the finding described in this
section, the governing board shall consult with the county
agricultural commissioner or the county director of the cooperative
extension service.
SEC. 10. Section 53080.2 of the Government Code is repealed.
53080.2. (a) In the event the fee authorized pursuant to Section
53080 is levied by two nonunified school districts having common
territorial jurisdiction, in a total amount that exceeds the maximum
fee authorized under Section 65995, the fee revenue for the area of
common jurisdiction shall be distributed in the following manner:
(1) The governing boards of the affected school districts shall
enter into an agreement specifying the allocation of fee revenue and
the duration of the agreement. A copy of that agreement shall be
transmitted by each district to the State Allocation Board.
(2) In the event the affected school districts are unable to reach
an agreement pursuant to paragraph (1), the districts shall jointly
submit the dispute to a three-member arbitration panel composed of
one representative chosen by each of the districts and one
representative chosen jointly by both of the districts. The decision
of the arbitration panel shall be final and binding upon both
districts for a period of three years.
(b) For purposes of the calculation of the district matching share
under Section 17705.5 of the Education Code, the fee revenue
allocated to the applicant district pursuant to subdivision (a) is
deemed to be, as to that district, the maximum fee authorized under
Section 53080, or Chapter 4.7 (commencing with Section 65970) of
Division 2 of Title 7, or both.
SEC. 11. Section 53080.3 of the Government Code is repealed.
53080.3. (a) Any school district that has imposed or, subsequent
to the operative date of this section, imposes, any fee, charge,
dedication, or other requirement under Section 53080 against any
development project that subsequently meets the description set forth
in subdivision (b), shall repay or reconvey, as appropriate, that
fee, charge, dedication, or other requirement to the person or
persons from whom that fee, charge, dedication, or other requirement
was collected, less the amount of the administrative costs incurred
in collecting and repaying the fee, charge, dedication, or other
requirement.
(b) This section applies to any development project for which the
building permit, including any extensions, expires on or after
January 1, 1990, without the commencement of construction, as defined
in subdivision (c) of Section 65995.
(c) Where the amount of a local matching share required of any
school district pursuant to Section 17705.5 of the Education Code
includes the amount of a fee or other consideration imposed against a
development project that is entitled to reimbursement under this
section, the local matching share shall be reduced by the amount of
that fee or other consideration.
SEC. 12. Section 53080.4 of the Government Code is repealed.
53080.4. (a) Notwithstanding any other provision of law, any fee,
charge, dedication, or other form of requirement levied by the
governing board of a school district under Section 53080 may apply,
as to any manufactured home or mobilehome, only pursuant to
compliance with all of the following conditions:
(1) The fee, charge, dedication, or other form of requirement is
applied to the initial location, installation, or occupancy of the
manufactured home or mobilehome within the school district.
(2) The manufactured home or mobilehome is to be located,
installed, or occupied on a space or site on which no other
manufactured home or mobilehome was previously located, installed, or
occupied.
(3) The manufactured home or mobilehome is to be located,
installed, or occupied on a space in a mobilehome park, or on any
site or in any development outside a mobilehome park, on which the
construction of the pad or foundation system commenced after
September 1, 1986.
(b) Compliance on the part of any manufactured home or mobilehome
with any fee, charge, dedication, or other form of requirement, as
described in subdivision (a), or certification by the appropriate
school district of that compliance, shall be required as a condition
of the following, as applicable:
(1) The close of escrow, where the manufactured home or mobilehome
is to be located, installed, or occupied on a mobilehome park space,
or on any site or in any development outside a mobilehome park, as
described in subdivision (a), and the sale or transfer of the
manufactured home or mobilehome is subject to escrow as provided in
Section 18035 or 18035.2 of the Health and Safety Code.
(2) The approval of the manufactured home or mobilehome for
occupancy pursuant to Section 18551 or 18613 of the Health and Safety
Code, in the event that paragraph (1) does not apply.
(c) No fee or other requirement levied under Section 53080 shall
be applied to any of the following:
(1) Any manufactured home or mobilehome located, installed, or
occupied on a space in a mobilehome park on or before September 1,
1986, or on any date thereafter, if construction on that space,
pursuant to a building permit, commenced on or before September 1,
1986.
(2) Any manufactured home or mobilehome located, installed, or
occupied on any site outside of a mobilehome park on or before
September 1, 1986, or on any date thereafter if construction on that
site pursuant to a building permit commenced on or before September
1, 1986.
(3) The replacement of or addition to a manufactured home or
mobilehome located, installed, or occupied on a space in a mobilehome
park, subsequent to the original location, installation, or
occupancy of any manufactured home or mobilehome on that space.
(4) The replacement of a manufactured home or mobilehome that was
destroyed or damaged by fire or any form of natural disaster.
(5) A manufactured home or mobilehome accessory structure, as
defined in Section 18008.5 or 18213 of the Health and Safety Code.
(6) The conversion of a rental mobilehome park to a subdivision,
cooperative, or condominium for mobilehomes, or its conversion to any
other form of resident ownership of the park, as described in
Section 50561 of the Health and Safety Code.
(d) Where any fee or other requirement levied under Section 53080
is required as to any manufactured home or mobilehome that is
subsequently replaced by a permanent residential structure
constructed on the same lot, the amount of that fee or other
requirement shall apply toward the payment of any fee or other
requirement under Section 53080 applied to that permanent residential
structure.
(e) Notwithstanding any other provision of law, any school
district that, on or after January 1, 1987, collected any fee,
charge, dedication, or other form of requirement from any
manufactured home, mobilehome, mobilehome park, or other development,
shall immediately repay the fee, charge, dedication, or other form
of requirement to the person or persons who made the payment to the
extent the fee, charge, dedication, or other form of requirement
collected would not have been authorized under subdivision (a). This
subdivision shall not apply, however, to the extent that, pursuant
to Section 16 of Article I of the California Constitution, it would
impair the obligation of any contract entered into by any school
district, on or before the effective date of this section.
(f) For purposes of this section, "manufactured home,"
"mobilehome," and "mobilehome park" have the meanings set forth in
Sections 18007, 18008, and 18214, respectively, of the Health and
Safety Code.
(g) (1) Whenever a manufactured home or a mobilehome owned by a
person 55 years of age or older who is also a member of a lower
income household as defined by Section 50079.5 of the Health and
Safety Code, and which has been moved from a mobilehome park space
located in one school district, where the mobilehome owner has
resided, to a space or lot located in a mobilehome park or a
subdivision, cooperative, or condominium for mobilehomes or
manufactured homes located in another school district, is subject to
any fee or other requirement under Section 53080, this section, and
Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7,
the district in which the manufactured home or mobilehome has been
newly located may waive the fee or other requirement under Section
53080, this section, and Chapter 4.9 (commencing with Section 65995)
of Division 1 of Title 7, or otherwise shall be required to grant the
homeowner the necessary approval for occupancy of the home, and
permission to pay the amount of the fee or other requirement
thereafter, in installments, over a period totaling no less than 36
months. A school district may require that the installments be paid
monthly, quarterly, or every six months during the 36-month period,
and that the fee be secured as a lien perfected against the
mobilehome or manufactured home pursuant to Section 18080.7 of the
Health and Safety Code.
(2) Costs of filing the lien and reasonable late charges or
interest may be added to the amount of the lien. This subdivision
does not apply where a school facilities fee, charge, or other
requirement is imposed pursuant to Section 65995.2.
SEC. 13. Section 53080.6 of the Government Code is repealed.
53080.6. (a) A fee, charge, dedication, or other requirement
authorized under Section 53080, whether or not allowable under
Chapter 6 (commencing with
Section 66010) of Division 1 of Title 7, may not be applied to the
reconstruction of any residential, commercial, or industrial
structure that is damaged or destroyed as a result of a disaster,
except to the extent the square footage of the reconstructed
structure exceeds the square footage of the structure that was
damaged or destroyed. That square footage comparison shall be made,
in the case of a commercial or industrial structure, on the basis of
chargeable covered and enclosed space, as defined in Section 65995,
or, in the case of a residential structure, on the basis of
assessable space, as defined in Section 65995.
(b) The following definitions apply for the purposes of this
section:
(1) "Disaster" means a fire, earthquake, landslide, mudslide,
flood, tidal wave, or other unforeseen event that produces material
damage or loss.
(2) "Reconstruction" means the construction of property that
replaces, and is equivalent in kind to, the damaged or destroyed
property.
SEC. 14. Section 53081 of the Government Code is repealed.
53081. A school district that imposes any fees on construction
within the school district may use those fees to pay any bonds,
notes, loans, leases or other installment agreements including, but
not limited to, bonds issued by the authority or loans, leases or
other installment agreements that secure bonds issued by the
authority. The authority may issue bonds, in accordance with Section
17883, to finance projects for one or more participating school
districts that have imposed fees on construction within the district,
which bonds may be payable from and secured by those fees in whole
or in part. For this purpose, participating school districts may
pledge and assign all or any part of those fees to the authority, and
the fees so pledged and assigned to the authority, and any income
thereon, may be pledged and assigned by the authority to the payment
of bonds issued by the authority to finance projects for those
participating school districts. While it is the intent of the
Legislature that the amount of financing provided to a participating
school district pursuant to this section shall be reasonably related,
in the judgment of the authority, to the amount of fees on
construction expected by the authority to be derived from or
attributable to that participating school district, nothing in this
section or any other provision of law shall be deemed to require a
proportionate or other relationship between the amount of the
financing actually provided to a participating school district
pursuant to this section and the amount of fees on construction
actually derived from or attributable to that participating school
district pursuant to this section or used by the authority to secure
or pay any bonds of the authority issued pursuant to this section.
SEC. 15. To the extent that the provisions of this act are
substantially the same as existing statutory provisions relating to
the same subject matter, the provisions shall be construed as
restatements and continuations of existing statutory provisions and
not as a new enactment.
SEC. 16. The Legislature finds and declares that the enactment of
this act, in view of the nonsubstantive statutory changes made, will
not result in new or additional costs to local agencies charged with
any duties or responsibilities in connection therewith.
SEC. 17. Any section of any act enacted by the Legislature during
the 1996 calendar year prior to, or subsequent to, the enactment of
this act, that amends, amends and renumbers, adds, repeals and adds,
or repeals a section, article, chapter, or part, that is amended,
amended and renumbered, added, repealed and added, or repealed by
this act, shall prevail over this act.
SEC. 18. The provisions of this act are severable. If any
provisions of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.