Amended in Senate April 22, 2014

Amended in Senate March 27, 2014

Senate Bill No. 1067

Introduced by Senator Beall

February 18, 2014

An act to amend Section 17251 of, and to add Section 17212.3 to, the Education Code, relating to schoolsites.

LEGISLATIVE COUNSEL’S DIGEST

SB 1067, as amended, Beall. Schoolsites: selection: entry/exit access: acquisition and plans review.

(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.

This bill would require all new schoolsites acquired by the governing board of a school district begin insert or the governing body of a charter school end insert to have at least 2 points of entry and exit onto the schoolsite begin insert that are safely accessible by pupils walking and bicycling to the schoolsite and that can be used for purposes of emergency access end 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, begin delete as specified. end delete begin insert and after a review of available plots, give the governing board a written list of the recommended locations in the order of their merit, considering especially the matters of educational merit, safety, reduction of traffic hazards, and conformity to the land use element in the general plan of the entity having jurisdiction. Existing law authorizes the governing board of a school district to purchase a site deemed unsuitable for school purposes by the department only after reviewing the department’s report on proposed sites at a public hearing. Existing law requires the department to develop standards for use by a school district in the selection of schoolsites, in accordance with specified objectives. Existing law requires the department to establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate and promote school safety. Existing law requires the department to investigate complaints of noncompliance with site selection standards and to notify the governing board of the school district of the results of the investigation. Existing law requires the governing board of the school district to discuss the findings of the investigation in a public hearing if the notification is received prior to the acquisition of the site. end insert 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 begin insert , make a survey of the building needs of the district, advise the governing board concerning the building needs, and suggest plans for financing a building program to meet the needs end insert .

This bill would instead require the department to advise the governing board of a school district begin insert or the governing body of a charter school end insert on the acquisition of new schoolsites, begin delete as specified, and to review plans and specifications for school buildings in the school district. end delete begin insert and would require the department to also consider especially the matters of proximity to residential areas, access for pupils walking and bicycling to the schoolsite, efficient use of public resources through joint use of existing and new facilities, and conforming to the mobility element in the general plan of the entity having jurisdiction. The bill would also authorize the governing body of a charter school to purchase a schoolsite deemed unsuitable for school purposes only after reviewing the department’s report on proposed schoolsites at a public hearing. The bill would require the department to review and update at least every 10 years the standards for use by a school district or charter school in the selection of schoolsites, in accordance with specified objectives. The bill would require the department to also establish standards for use by school districts and charter schools to ensure that the design and construction of school facilities promote walking or bicycling access to the schoolsite to reduce traffic risks to pupils and joint use of public facilities. The bill would require the governing body of a charter school to discuss the findings of a department investigation, as described above, in a public hearing if the notification is received before the acquisition of the schoolsite. The bill would require the department, also upon the request of the governing body of a charter school, to review plans and specifications for school buildings of the charter school, make a survey of the building needs of the charter school, advise the governing body of the charter school concerning the building needs, and suggest plans for financing a building program to meet the needs. end insert The bill would also make nonsubstantive changes to this provision.

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 17212.3 is added to the Education Code,
to read:

17212.3.  

All new schoolsites acquired by the governing board
of a school district begin insert or the governing body of a charter school end insert shall
have at least two points of entry and exit onto the schoolsite begin insert that
are safely accessible by pupils walking and bicycling to the
schoolsite and that can be used for purposes of emergency access end insert .

SEC. 2.  

Section 17251 of the Education Code is amended to
read:

17251.  

The department shall:

(a) Advise the governing board of a school district begin insert or the
governing body of a charter school end insert on the acquisition of new
schoolsites and, after a review of available plots, give the governing
board of the school district begin insert or the governing body of the charter
school end insert , in writing, a list of the recommended locations in the order
of their merit, considering especially the matters of educational
merit, safety, begin insert proximity to residential areas, access for pupils
walking and bicycling to the schoolsite, efficient use of public
resources through joint use of existing and new end insert begin insert facilities, end insert reduction
of traffic hazards, and conformity to the land use begin delete element end delete begin insert and
mobility end insert begin insert elements end insert in the general plan of the city, county, or city
and county having jurisdiction. The governing board of the school
district begin insert or the governing body of the charter school end insert may purchase
a schoolsite deemed unsuitable for school purposes by the
department only after reviewing the department’s report on
proposed schoolsites at a public hearing. The department shall
charge the school district begin insert or charter school end insert a reasonable fee for
each schoolsite reviewed not to exceed the actual administrative
costs incurred for that purpose.

(b) Develop standards for use by a school district begin insert or charter
school end insert in the selection of schoolsites, in accordance with the
objectives set forth in subdivision (a) begin insert , and review and update the
standards at least every 10 years end insert . The department shall investigate
complaints of noncompliance with schoolsite selection standards
and shall notify the governing board of the school district begin insert or the
governing body of the charter school end insert of the results of the
investigation. If that notification is received before the acquisition
of the schoolsite, the governing board of the school district begin insert or the
governing body of the charter school end insert shall discuss the findings of
the investigation in a public hearing.

(c) Establish standards for use by school districts begin insert and charter
schools end insert to ensure that the design and construction of school
facilities are educationally appropriate and promote school begin delete safety. end delete
begin insert safety, walking or bicycling access to the schoolsite to reduce
traffic risks to pupils, and joint use of public facilities. end insert

(d)  begin delete Review end delete begin insert Upon the request of the governing board of a school
district or the governing body of a charter school, review end insert begin insert end insert plans
and specifications for school buildings begin delete in end delete begin insert of end insert the school district begin insert or
charter school end insert . The department shall charge the governing board
of the school district begin insert or the governing body of the charter school end insert ,
for the review of plans and specifications, a reasonable fee not to
exceed the actual administrative costs incurred for that purpose.

(e) Upon the request of the governing board of begin delete any end delete begin insert a end insert school
district begin insert or the governing body of a charter school end insert , make a survey
of the building needs of the school district begin insert or the charter school end insert ,
advise the governing board of the school district begin insert or the governing
body of the charter school end insert concerning the building needs, begin insert and end insert
suggest plans for financing a building program to meet the needs.
The department shall charge the school district begin insert or charter school end insert ,
for the cost of the survey, a reasonable fee not to exceed the actual
administrative costs incurred for that purpose.

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