Amended in Senate March 27, 2014

Senate BillNo. 1067


Introduced by Senator Beall

February 18, 2014


An act to amend Sectionbegin delete 35292.5end deletebegin insert 17251end insert ofbegin insert, and to add Section 17212.3 to,end insert the Education Code, relating to begin deleteschool maintenance. end deletebegin insertschoolsites.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1067, as amended, Beall. begin deleteSchool maintenance: restrooms. end deletebegin insertSchoolsites: selection: entry/exit access: acquisition and plans review.end insert

begin insert

(1) Existing law requires the governing board of a school district, prior to acquiring any site on which it proposes to construct any school building, as defined, to have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only.

end insert
begin insert

This bill would require all new schoolsites acquired by the governing board of a school district to have at least 2 points of entry and exit onto the schoolsite.

end insert
begin insert

(2) Existing law requires the State Department of Education, upon the request of the governing board of any school district, to advise the governing board on the acquisition of new schoolsites, as specified. Existing law requires the department, upon the request of the governing board of any school district, to review plans and specifications for school buildings in the district.

end insert
begin insert

This bill would instead require the department to advise the governing board of a school district on the acquisition of new schoolsites, as specified, and to review plans and specifications for school buildings in the school district. The bill would also make nonsubstantive changes to this provision.

end insert
begin delete

Existing law, with certain exceptions, requires every public and private school, as provided, to have restroom facilities that are open as prescribed during school hours, and at all times to keep every restroom maintained and cleaned regularly, fully operational, and stocked with soap and paper supplies.

end delete
begin delete

This bill would make nonsubstantive changes to that law and delete obsolete cross-references.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 17212.3 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert17212.3.end insert  

All new schoolsites acquired by the governing board
4of a school district shall have at least two points of entry and exit
5onto the schoolsite.

end insert
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 17251 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
7read:end insert

8

17251.  

Thebegin delete State Department of Educationend deletebegin insert departmentend insert shall:

9(a) begin deleteUpon the request of the governing board of any school
10district, advise end delete
begin insertAdvise end insertthe governing boardbegin insert of a school districtend insert on
11the acquisition of new schoolsites and, after a review of available
12plots, give the governing boardbegin insert of the school district,end insert in writingbegin insert,end insert
13 a list of the recommended locations in the order of their merit,
14considering especially the matters of educational merit, safety,
15reduction of traffic hazards, and conformity to the land use element
16in the general plan of the city, county, or city and county having
17jurisdiction. The governing boardbegin insert of the school districtend insert may
18purchase abegin delete siteend deletebegin insert schoolsiteend insert deemed unsuitable for school purposes
19by thebegin delete State Department of Educationend deletebegin insert departmentend insert only after
20reviewing the department’s report on proposedbegin delete sitesend deletebegin insert schoolsitesend insert
21 at a public hearing. The department shall charge the school district
22a reasonable fee for each schoolsite reviewed not to exceed the
23actual administrative costs incurred for that purpose.

24(b) Develop standards for use by a school district in the selection
25of schoolsites, in accordance with the objectives set forth in
26subdivision (a). The department shall investigate complaints of
P3    1noncompliance withbegin delete siteend deletebegin insert schoolsiteend insert selection standards and shall
2notify the governing boardbegin insert of the school districtend insert of the results of
3the investigation. If that notification is receivedbegin delete prior toend deletebegin insert beforeend insert the
4acquisition of thebegin delete site,end deletebegin insert schoolsite,end insert the governing boardbegin insert of the school
5districtend insert
shall discuss the findings of the investigation in a public
6hearing.

7(c) Establish standards for use by school districts to ensure that
8the design and construction of school facilities are educationally
9appropriate and promote school safety.

10(d) begin deleteUpon the request of the governing board of any school
11district, review end delete
begin insertReview end insertplans and specifications for school buildings
12in thebegin insert schoolend insert district.begin insert The department shall charge the governing
13board of the school district, for the review of plans and
14specifications, a reasonable fee not to exceed the actual
15administrative costs incurred for that purpose.end insert

begin delete

16The department shall charge governing boards of school districts,
17for the review of plans and specifications, a reasonable fee not to
18exceed the actual administrative costs incurred for that purpose.

end delete

19(e) Upon the request of the governing board of any school
20district, make a survey of the building needs of thebegin insert schoolend insert district,
21advise the governing boardbegin insert of the school districtend insert concerning the
22building needs, suggest plans for financing a building program to
23meet the needs. The department shall charge thebegin insert schoolend insert district,
24for the cost of the survey, a reasonable fee not to exceed the actual
25administrative costs incurred for that purpose.

26(f) Provide information relating to the impact or potential impact
27upon any schoolsite of hazardous substances, solid waste, safety,
28hazardous air emissions, and other information as the department
29may deem appropriate.

begin delete
30

SECTION 1.  

Section 35292.5 of the Education Code is
31amended to read:

32

35292.5.  

(a) Every public and private school maintaining any
33combination of classes from kindergarten to grade 12, inclusive,
34shall comply with all of the following:

35(1) Every restroom shall at all times be maintained and cleaned
36regularly, fully operational, and stocked at all times with toilet
37paper, soap, and paper towels or functional hand dryers.

38(2) The school shall keep all restrooms open during school hours
39when pupils are not in classes, and shall keep a sufficient number
40of restrooms open during school hours when pupils are in classes.

P4    1(b) Notwithstanding subdivision (a), a school may temporarily
2close any restroom as necessary for pupil safety or as necessary
3to repair the facility.

4(c) A school district that operates a public school that is in
5violation of this section as determined by the State Allocation
6Board, is ineligible for state deferred maintenance fund matching
7apportionments if the school district has not corrected the violation
8within 30 days after receipt of a written notice of the violation
9 from the board. Prior to determining that the school district is
10ineligible, the board shall provide the school district with a
11reasonable opportunity to cure the violation. The board shall notify
12the Superintendent regarding a school district found to be in
13violation of this section. The Superintendent shall notify the
14Controller to withhold apportionments otherwise due the school
15district.

end delete


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