BILL NUMBER: SB 1380	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 15, 2010

INTRODUCED BY   Senator Hancock

                        FEBRUARY 19, 2010

   An act to add Section 17078.73 to the Education Code, relating to
school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1380, as amended, Hancock. School facilities: construction.
   Existing law establishes the Career Technical Education Facilities
Program as a part of the Leroy F. Greene School Facilities Act of
1998 for the purpose of providing funding to qualifying local
educational agencies for constructing new facilities or reconfiguring
existing facilities, including purchasing equipment with an average
useful life expectancy of at least 10 years, to enhance educational
opportunities for pupils in existing high schools.
   This bill would require school facilities constructed or
modernized with specified bond funds set aside for career technical
education purposes to be used for career technical education purposes
for a minimum of 10 years. The governing board of an applicant
school district would be required to adopt a resolution stating the
intent to use those facilities for career technical education
purposes and provide certification regarding that use during the
first year of occupation. The bill would authorize the governing
board of a school district to seek a waiver of the career technical
education use requirement from the State Allocation Board if the
facility or educational program of the school district changes during
the initial 10 years of use  and would specify criteria by which
to evaluate the waiver request  .
   The bill would encourage school districts applying for a career
technical education grant to include teachers of career technical
education and members of the local career technical education
advisory committee in the design and planning process.
   The bill would authorize up to 25% of the funds provided for
equipment to be used for the purchase of items or equipment with a
life expectancy of at least 5 years.
   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 17078.73 is added to the Education Code, to
read:
   17078.73.  (a) School facilities constructed or modernized
 using funds received pursuant to paragraph (4) of
subdivision (a) of Section 101012   pursuant to this
article  shall be used for career technical education purposes
for a minimum of 10 years. The governing board of an applicant school
district shall submit a resolution adopted by the governing board
stating the intent to use the facilities built or modernized with
funds received pursuant to paragraph (4) of subdivision (a) of
Section 101012 for career technical education purposes and shall
provide certification regarding this use during the first year of
occupation of the school facility. If the facility or educational
program of the school district changes during the initial 10 years of
use, the governing board may seek a waiver of the career technical
education use requirement from the board.  The department shall
evaluate the waiver request pursuant to the following criteria and
recommend to the board whether or not to grant the waiver:  

   (1) Enrollment changes in the school district.  
   (2) Enrollment changes in the career technical education program.
 
   (3) Changes in labor market demands.  
   (4) Inability to hire teaching staff with the proper credentials.
 
   (5) The fiscal conditions of the school district.  
   (6) Other factors presented by the governing board, as deemed
appropriate and relevant by the department and board. 
   (b) A school district applying for a career technical education
grant is encouraged to include teachers of career technical education
and members of the local career technical education advisory
committee in the design and planning process leading to the
submission of an application that is a request for full funding or a
reservation of funds.
   (c) Qualifying equipment purchased with funds received pursuant to
paragraph (4) of subdivision (a) of Section 101012 shall have a life
expectancy of at least 10 years, except that up to 25 percent of the
funds provided for equipment may be used for the purchase of items
or equipment with a life expectancy of at least five years.  A
school district is encouraged to purchase energy efficient and
environmentally preferable equip   ment.