BILL NUMBER: SB 334	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Ducheny

                        FEBRUARY 25, 2009

   An act to amend Section 17072.10 of the Education Code, relating
to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 334, as introduced, Ducheny. School facilities: new
construction grant eligibility: special education pupils.
   The Leroy F. Greene School Facilities Act of 1998 requires the
State Allocation Board to allocate to applicant school districts,
prescribed per-unhoused-pupil state funding for construction and
modernization of school facilities, including hardship funding, and
supplemental funding for site development and acquisition.
   The act requires the board to determine maximum total new
construction grant eligibility of an applicant under a specified
calculation that includes certain per-unhoused-pupil grant amounts,
and authorizes the board to adjust the per-unhoused-pupil grant
amounts by regulation for qualifying individuals with exceptional
needs.
   This bill would require an increase made to the per-unhoused-pupil
grant amounts also to be made to the per-unhoused-pupil who is a
qualifying individual with exceptional needs amounts.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17072.10 of the Education Code is amended to
read:
   17072.10.  (a) The board shall determine the  applicant's
 maximum total new construction grant eligibility  of an
applicant  by multiplying the number of unhoused pupils
calculated pursuant to Article 3 (commencing with Section 17071.75)
in each school district with an approved application for new
construction, by the per-unhoused-pupil grant as follows:
   (1) Five thousand two hundred dollars ($5,200) for elementary
school pupils.
   (2) Five thousand five hundred dollars ($5,500) for middle school
pupils.
   (3) Seven thousand two hundred dollars ($7,200) for high school
pupils.
   (b) The board  shall  annually  shall 
adjust the per-unhoused-pupil apportionment to reflect construction
cost changes, as set forth in the statewide cost index for class B
construction as determined by the board.
   (c)  Any regulations   Regulations 
adopted by the board prior to July 1, 2000, that adjust the amounts
identified in this section for qualifying individuals with
exceptional needs, as defined in Section 56026, as amended after July
1, 2000, in consideration of the recommendations provided pursuant
to Section 17072.15, shall continue in effect.  An increase made
to the per-unhoused-pupil grant amounts set forth in subdivision (a),
including, but not limited to, those made pursuant to Section
17072.11, also shall be made to the per-unhoused-pupil who is a
qualifying individual with exceptional needs amounts established
pursuant to this subdivision. 
   (d) The board may establish a single supplemental
per-unhoused-pupil grant in addition to the amounts specified in
subdivision (a) based on the statewide average marginal difference in
costs in instances where a project requires multilevel school
facilities due to limited acreage. The  district's 
application  of a school district  shall demonstrate that a
practical alternative site is not available.
   (e) For a school district having an enrollment of 2,500 or less
for the prior fiscal year, the board may approve a supplemental
apportionment of up to seven thousand five hundred dollars ($7,500)
for any new construction project assistance. The amount of the
supplemental apportionment authorized pursuant to this subdivision
shall be adjusted in 2008 and every year thereafter by an amount
equal to the percentage adjustment for class B construction. 

   (f) This section is operative January 1, 2008.