BILL NUMBER: AB 1292 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to amend Section 52853 of, and to add Sections 17070.756,
17584.4, and 52854 to, the Education Code, relating to school
facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 1292, as introduced, Evans. School facilities: air quality.
Existing law requires schoolsite councils, at schools
participating in school-based program coordination, to develop a
school plan including specified components.
This bill would require schoolsite councils to include in their
school plans guidelines for the improvement of indoor air quality.
This bill would require that the guidelines describe the actions that
district staff, teachers, and schoolsite staff plan to take to
assure good indoor air quality. This bill would require that, once
approved by the school district's governing board, the guidelines be
distributed to all teachers at the schoolsite and to members of the
public upon request.
Existing law, the Leroy F. Greene School Facilities Act of 1998
(the Greene Act of 1998), requires the State Allocation Board to
allocate to applicant school districts, prescribed per-unhoused-pupil
state funding for construction and modernization of school
facilities, including hardship funding, and supplemental funding for
site development and acquisition. Existing law requires the board to
require school districts that receive funding under the Greene Act of
1998 to establish a restricted account within the school district's
general fund and to deposit an amount equal to 3% of the school
district's general fund, including other financing uses, into the
account for maintenance of school facilities.
This bill would require school districts, as a condition to using
funds in the restricted accounts, to ensure that school facilities
have heating, ventilation and air-conditioning systems that meet the
minimum requirements of regulations enacted by the Division of
Industrial Safety that govern the quality of air provided to
employees in places of employment. This bill would require school
districts to use contractors who have been certified by a nationally
recognized organization for the implementation and maintenance of
heating, ventilation and air-conditioning systems.
Existing law authorizes the governing board of a school district
to establish a restricted deferred maintenance fund, provides for the
deposit of prescribed local funds, and provides for the deposit of
matching state funds. Existing law requires the State Allocation
Board to apportion to school districts the state matching funds for
deferred maintenance, and establishes the maximum required local
deferred maintenance budget.
This bill would require school districts, as a condition to using
funds in the restricted deferred maintenance funds, to ensure that
school facilities have heating, ventilation and air-conditioning
systems that meet the minimum requirements of regulations enacted by
the Division of Industrial Safety that govern the quality of air
provided to employees in places of employment. This bill would
require school districts to use contractors who have been certified
by a nationally recognized organization for the implementation and
maintenance of heating, ventilation and air-conditioning systems.
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. Section 52853 of the Education Code is amended to
read:
52853. (a) The schoolsite council shall develop a school plan
which shall include all of the following:(1) Curricula,
instructional strategies and materials responsive to the individual
needs and learning styles of each pupil.
(2) Instructional and auxiliary services to meet the special needs
of non-English-speaking or limited-English-speaking pupils,
including instruction in a language these pupils understand;
educationally disadvantaged pupils; gifted and talented pupils; and
pupils with exceptional needs.
(3) A staff development program for teachers, other school
personnel, paraprofessionals, and volunteers, including those
participating in special programs. Staff development programs may
include the use of program guidelines that have been developed by the
superintendent for specific learning disabilities, including
dyslexia, and other related disorders. The strategies included in the
guidelines and instructional materials that focus on successful
approaches for working with pupils who have been prenatally substance
exposed, as well as other at-risk pupils, may also be provided to
teachers.
(4) Ongoing evaluation of the educational program of the school.
(5) Other activities and objectives as established by the council.
(6) The proposed expenditures of funds available to the school
through the programs described in Section 52851. For purposes of
this subdivision, proposed expenditures of funds available to the
school through the programs described in Section 52851 shall include,
but not be limited to, salaries and staff benefits for persons
providing services for those programs.
(7) The proposed expenditure of funds available to the school
through the federal Improving America's Schools Act of 1994 (IASA)
(20 U.S.C. Sec. 6301 et seq.) and its amendments. If the school
operates a state-approved schoolwide program pursuant to Section 6314
of Title 20 of the United States Code in a manner consistent with
the expenditure of funds available to the school pursuant to Section
52851, employees of the schoolwide program may be deemed funded by a
single cost objective.
(8) Guidelines, adopted by January 1, 2007, and each year
thereafter, that describe the actions that district staff, teachers,
and schoolsite staff plan to take to ensure good indoor air quality
that meets the minimum requirements of indoor air quality regulations
enacted pursuant to Section 142.3 of the Labor Code.
(b) The schoolsite council shall annually review the school plan,
establish a new budget, and if necessary, make other modifications in
the plan to reflect changing needs and priorities.
SEC. 2. Section 17070.756 is added to the Education Code , to
read:
17070.756. (a) To utilize funds in the restricted account
established pursuant to Section 17070.75, a school district shall
ensure that facilities, including, but not limited to, classrooms for
pupils, have heating, ventilation and air-conditioning (HVAC)
systems that meet the minimum requirements of indoor air quality
regulations enacted pursuant to Section 142.3 of the Labor Code, in
order to prevent pupils from being exposed to poor indoor air quality
conditions.(b) In carrying out the requirements of subdivision (a),
a school district shall utilize contractors that have been certified
in providing for the inspection, maintenance, and repair of HVAC
systems by a nationally recognized organization.
SEC. 3. Section 17584.4 is added to the Education Code , to read:
17584.4. (a) To utilize funds appropriated pursuant to Section
17584, a school district shall ensure that facilities, including, but
not limited to, classrooms for pupils, have heating, ventilation and
air-conditioning (HVAC) systems that meet the minimum requirements
of indoor air quality regulations enacted pursuant to Section 142.3
of the Labor Code, in order to prevent pupils from being exposed to
poor indoor air quality conditions.(b) In carrying out the
requirements of subdivision (a), a school district shall utilize
contractors that have been certified in providing for the inspection,
maintenance, and repair of HVAC systems by a nationally recognized
organization.
SEC. 4. Section 52854 is added to the Education Code , to read:
52854. Upon approval of the guidelines for indoor air quality by
the school district's governing board, the guidelines should be
distributed to all teachers at the schoolsite. The indoor air quality
guidelines shall be made available to any member of the public upon
their request.