BILL NUMBER: SB 1432	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2010
	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
 (Greene Act)  , 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  or county office of education  to  demonstrate
that each has conferred with the other, as specified, and 
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   facilities  in the future by the
district or the county office of education, unless the  applicant
 school district  or county office of education 
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   designed to
support the policy goal of the least restrictive environment as it
pertains to elementary and secondary school facilities that will
serve the pupils of the community  .
   (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   Demonstrate that each has
conferred with the other regarding the need for special education
facilities within the project application and 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   Demonstrate
that each has conferred with the other regarding the need for special
education facilities within the project application and certify
 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
  facilities  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  
applicant school district or county office of education  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  school district or  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.