BILL NUMBER: SB 1380	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	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   5  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  
5  years of use and would specify criteria by which to evaluate
the waiver request.  This bill would require the governing board
of school districts with projects approved by the board, as
specified, to meet the evaluation criteria. 
   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)  (1)    School facilities
constructed or modernized pursuant to this article shall be used for
career technical education purposes for a minimum of  10
  five  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
  five  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) 
    (A)  Enrollment changes in the school district. 

   (2) 
    (B)  Enrollment changes in the career technical
education program. 
   (3) 
    (C)  Changes in labor market demands. 
   (4) 
    (D)  Inability to hire teaching staff with the proper
credentials. 
   (5) 
    (E)  The fiscal conditions of the school district.

   (6) 
    (F)  Other factors presented by the governing board, as
deemed appropriate and relevant by the department and board. 
   (2) The governing board of a school district with projects
approved by the State Allocation Board pursuant to Section 101012 on
or after January 1, 2011, shall meet the requirements specified in
paragraph (1). 
   (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 equipment.