BILL NUMBER: SB 334	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 8, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  JULY 15, 2009
	AMENDED IN ASSEMBLY  JUNE 30, 2009
	AMENDED IN SENATE  MAY 6, 2009
	AMENDED IN SENATE  APRIL 23, 2009

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, 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 grant amounts. If an
increase to the per-unhoused-pupil grant amounts differentiates among
the pupil groups based on whether the pupils are elementary, middle,
or high school pupils, the bill would require the Office of Public
School Construction to recommend to the board a methodology to adjust
those amounts for pupils who are qualifying individuals with
exceptional needs so that they reflect these increases.


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 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 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) 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), on or after January 1, 2010, including, but not
limited to, those made pursuant to Section 17072.11 on or after
January 1, 2010, also shall be made to the per-unhoused-pupil who is
a qualifying individual with exceptional needs grant amounts
established pursuant to this subdivision. If an increase to the
per-unhoused-pupil grant amounts differentiates among the pupil
groups based on whether the pupils are elementary, middle, or high
school pupils, the Office of Public School Construction shall
recommend to the board, within 60 days of that increase, a
methodology to adjust the per-unhoused-pupil grant amount for pupils
who are qualifying individuals with exceptional needs so that those
adjustments appropriately reflect the increases.
   (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 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.