BILL NUMBER: SB 1432	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2010
	AMENDED IN SENATE  APRIL 7, 2010

INTRODUCED BY   Senator Hancock

                        FEBRUARY 19, 2010

   An act to amend Section 17070.80 of the Education Code, relating
to school facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1432, as amended, Hancock. School facilities.
   Existing law, 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 Greene Act requires all school
facilities purchased or newly constructed pursuant to the act for
use, in whole or in part, by pupils who are individuals with
exceptional needs, as defined, to be designed and located on the
schoolsite so as to maximize interaction between those individuals
with exceptional needs and other pupils as appropriate to the needs
of both.
   This bill would require, as a condition of receiving approval by
the State Department of Education for the project, the school
district to certify that the project includes the necessary
classrooms, toilet rooms, and medical therapy facilities for pupils
who are individuals with exceptional needs with due consideration for
identifying and planning for the least restrictive environment that
supports the education of these pupils or to certify and demonstrate
that the project site has dedicated acreage of sufficient size and in
an appropriate location to support the construction of classrooms,
toilet rooms, and medical therapy units in the future by the district
or the county office of education, unless the school district
certifies that the district and the county office of education or
special education local planning agency have  conferred and
determined that there are  no special education facilities
needs.
   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 17070.80 of the Education Code is amended to
read:
   17070.80.  (a) All school facilities purchased or newly
constructed pursuant to this chapter for use, in whole or in part, by
pupils who are individuals with exceptional needs, as defined in
Section 56026, shall be designed and located on the schoolsite so as
to maximize interaction between those individuals with exceptional
needs and other pupils as appropriate to the needs of both.
   (b) The governing board of each applicant school district and the
county office of education shall ensure that school facilities for
pupils who are individuals with exceptional needs are integrated with
other school facilities.
   (c) (1) As a condition of approval of a project by the State
Department of Education, the applicant school district or county
office of education shall do either of the following:
   (A) Certify that the project includes the necessary classrooms,
toilet rooms, and medical therapy facilities for pupils who are
individuals with exceptional needs with due consideration for
identifying and planning for the least restrictive environment that
supports the education of these pupils.
   (B) Certify and demonstrate that the project site has dedicated
acreage of sufficient size and in an appropriate location to support
the construction of classrooms, toilet rooms, and medical therapy
units in the future by the district or the county office of
education.
   (2) If the project does not include facilities and supporting
infrastructure for individuals with exceptional needs or the
dedicated acreage, the school district shall certify that the
district and the county office of education or special education
local planning agency have  conferred and determined that
consistent with the facility plans of the county office of education
or special education local planning agency there are  no special
education facilities needs for the project.
   (d) The board, after consultation with the State Department of
Education and representatives from county offices of education,
special education services regions, and school districts, shall
develop and adopt any regulations necessary to implement this
section.
   (e) Notwithstanding any other provision of law, the requirement
set forth in subdivision (a) may be waived, by the Superintendent,
only upon compliance with the following procedure:
   (1) The applicant school district or county superintendent of
schools shall file a written request for waiver that documents the
reasons for its inability to comply with the requirement.
   (2) The State Department of Education shall verify the reasons set
forth pursuant to paragraph (1), including the documentation
submitted, which verification shall be completed no later than 30
days after the filing of the request for waiver with the
Superintendent.
   (3) The Advisory Commission on Special Education, as established
under Section 33590, at its first scheduled meeting following the
verification conducted pursuant to paragraph (2), shall review the
request for waiver, accompanying documentation, and the verification
findings of the State Department of Education. No later than 15 days
following the date of that meeting, the commission shall submit its
written comments and recommendations regarding the request for waiver
to the Superintendent.
   (4) The Superintendent shall review the comments and
recommendations submitted by the Advisory Commission on Special
Education prior to approving or rejecting the request for waiver.
   (5) Any request for waiver, submitted in accordance with this
section, that is not rejected within 60 days of its receipt by the
State Department of Education, shall be deemed approved.