BILL NUMBER: AB 1022	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 27, 2009

   An act to amend Section 17217 of the Education Code, relating to
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1022, as introduced, Nava. School facilities.
   Existing law provides that the governing board of a school
district may acquire a site for a school building contiguous to the
boundaries of the district and that upon the acquisition of the site,
it shall become a part of the district.
   This bill would make a technical, nonsubstantive change to these
provisions.
   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 17217 of the Education Code is amended to read:

   17217.  (a) 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.
   (b) The site may not be acquired until all of the following
conditions are met:
   (1) A majority of the members of the governing board of the
acquiring school district approves a petition requesting approval of
the acquisition.
   (2) The petition is filed with the county superintendent of
schools with jurisdiction over the acquiring school district. If the
site is in a county that is not the county in which the acquiring
school district is located, the petition shall be filed with each of
the county superintendents of the counties concerned. Within 10
working days of the date the petition is filed, each superintendent
of schools of those counties shall notify the governing board of each
school district involved that the petition was filed.
   (3) The county committee on school district organization of the
county of the acquiring school district approves the petition. If the
site is in a county that is not the county in which the acquiring
school district is located, each of the county committees on school
district organization concerned shall approve the petition. The
county committees on school district organization shall approve or
disapprove a petition within 60 days from the day the governing board
filed the petition with the county superintendent of schools.
   (c) Notwithstanding subdivision (b), if each of the county
committees on school district organization does not approve the
petition as required by paragraph (3) of subdivision (b), the
petition may be submitted to the Superintendent  of Public
Instruction  for approval. If the Superintendent  of
Public Instruction  approves the petition, the governing
board may acquire the site.
   (d) In approving the acquisition of a site pursuant to this
section, the county committees on school district organization and
the Superintendent  of Public Instruction  shall
consider the extent to which the following are met:
   (1) The proposed site acquisition will not promote racial or
ethnic discrimination or segregation.
   (2) The proposed site acquisition will not result in any
substantial increase in costs to the state.
   (3) The proposed site acquisition will not significantly disrupt
the educational programs in the school districts affected by the
proposed site acquisition and will continue to promote sound
education performance in those school districts.
   (4) The proposed site acquisition will not result in a significant
increase in school housing costs.
   (5) The proposed site acquisition is not primarily designed to
result in a significant increase in property values causing financial
advantage to property owners because territory was transferred from
one school district to an adjoining school district.
   (6) The proposed site acquisition will not cause a substantial
negative effect on the fiscal management or fiscal status of any
school district affected by the proposed site acquisition.
   (e) The power of eminent domain may be used for the purposes of
this section.
   (f) 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.