BILL NUMBER: SB 1432	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2010
	PASSED THE ASSEMBLY  AUGUST 12, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	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, 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 provide written
confirmation or documentation that each has conferred with the other,
as specified, and certify that the project includes appropriate
facilities, which may include, but are not limited to, 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 certify that the project
site has dedicated acreage of sufficient size and in an appropriate
location to support the construction of appropriate facilities, which
may include, but are not limited to, classrooms, toilet rooms, and
medical therapy 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 have conferred and determined that there are no
special education facilities needs.


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 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) Provide written confirmation or documentation that each has
conferred with the other regarding the need for special education
facilities within the project application and certify that the
project includes appropriate facilities, which may include, but are
not limited to, 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) Provide written confirmation or documentation 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 appropriate
facilities, which may include, but are not limited to, classrooms,
toilet rooms, and medical therapy 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 applicant school district or county office of
education shall certify that the district and the county office of
education have conferred and determined that, consistent with the
facility plans of the school district or county office of education,
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 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.