Education Code — Part 6 | EDC — United States — California law | Esheria

Education Code

Part 6 of 57 · provisions 1,001–1,200

This section says the code is called the Education Code.

Jurisdiction
United States — California
Instrument
Code
Citation
EDC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
403(b) products AED maintenance AED procurement Apportionments Bond financing CEQA compliance COVID-19 temporary waiver CPR training Cal Grant CalFresh enrollment District formation District reorganization EEO planning Education Protection Account English acquisition English language development English language education English language instruction English language learning English language tutoring English learner instruction English learner reporting English learner services English learner support +8,535 more

Statute overview

About this statute

This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

Read the provisions Ask with citations

Legal text

Provisions of Education Code

Showing 200 of 11,236

  1. 16342.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For reorganized districts, the applicable parts of Article 2 starting at Section 16150 apply to determine the effect of school housing aid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16342. To determine the effect of school housing aid for reorganized districts, the applicable portions of Article 2 (commencing with Section 16150) of this chapter shall apply. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  2. 16343.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section validates certain final apportionments and related spending if the required certifications and deposit were made, and it bars bond-act funds from being spent without specific board authority.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16343. Whenever a conditional apportionment has, prior to January 1, 1980, been made to an applicant school district pursuant to this chapter and thereafter the county superintendent of schools of the county having jurisdiction over such district has certified to the board and the Controller that at an election called, held and conducted in the district for that purpose, the qualified electors of the district voting thereat authorized the governing board of the applicant school district, by the same majority vote required at a district bond election, to accept, expend and repay an apportionment under the provisions of this chapter, and whenever thereafter said county superintendent of schools has certified to the board and the Controller that the required contribution of the district has been placed on deposit in the state school building fund of the district and the board has certified to the Controller that the apportionment to the applicant school district has become final, such final apportionment is hereby confirmed, ratified, and validated, and any expenditure of money from the State School Building Aid Fund or the School Building Safety Fund according to the terms of such final apportionment is hereby confirmed, ratified, and validated. Notwithstanding any provision to the contrary, no funds authorized by any bond act for the purpose of this chapter shall be made available for expenditure without specific authority of the board or its delegated representative. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  3. 16344.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A qualifying school district may have the costs of modifying existing facilities counted for apportionment if it runs enough continuous school programs to house displaced students, subject to review and recommendation by the State Department of Education.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 6. State School Building Aid Law of 1952 [16000 - 16344] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 9. School Housing Aid for Rehabilitation and Replacement of Structurally Inadequate School Facilities [16310 - 16344] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16344. Notwithstanding the provisions of Section 16319, if a school district otherwise eligible to receive an apportionment under this article operates sufficient continuous school programs (as defined in Chapter 5 (commencing with Section 37600) of Part 22) to provide housing for students displaced from structurally inadequate facilities, the costs of modifying any existing facilities necessary for the implementation of any continuous school programs shall be eligible, upon the review and recommendation of the State Department of Education, for an apportionment under this article from the proceeds of bonds remaining from the authorization provided in the State School Building Aid Law of 1966. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  4. 16500.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the State Project Area School Construction Law.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16500. This chapter may be cited as the “State Project Area School Construction Law.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  5. 16501.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The state declares a policy to bear a proportionate share of school building construction costs in affected areas, as provided by this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16501. In recognition of the impact which certain major state construction projects have on local school district building needs in the areas in which the projects are constructed, the Legislature declares that it is the policy of the state to bear a proportionate share of the construction costs of school buildings in the area affected in the manner and to the extent provided by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  6. 16502.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter and gives the Governor power to designate certain major state construction projects as “state projects” if specified conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16502. As used in this chapter: (a) “State project” means any construction project undertaken by the state, or the state and federal government jointly, which will cause a sudden influx of people into the area affected and where sufficient housing, schools, and other community facilities are not available. For the purposes of this subdivision, the Governor is hereby empowered to proclaim any major construction project undertaken by the state as a “state project” and define the area affected or likely to be affected thereby if both of the following conditions are satisfied: (1) The Governor finds that the construction project will cause a sudden influx of people into the area. (2) The Governor is requested to do so by the county board of supervisors. The proclamation shall be in writing and shall take effect immediately. As soon thereafter as possible it shall be filed in the office of the Secretary of State. (b) “Board” means the State Allocation Board. (c) “Director” means the Director of Education for kindergarten and grades 1 to 12, inclusive. (d) “Project” means the purposes for which a school district has applied for an apportionment. (e) “Construction project” means the purposes for which a school district has applied for an apportionment at a given location. (f) “Grade level maintained by a district” means any of the following: (1) The kindergarten, if any, and grades 1 to 6, or grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district. (2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, maintained by a high school district or unified school district, but not more than one grade level shall be claimed by any district under any one of the paragraphs of this subdivision. (g) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. (h) “Project children” means children of parents who have come to the district subsequent to the start of the state project and who are employed by the State of California or the federal government in connection with a state project and children of parents employed by any contractor or subcontractor of a state project. (i) “Indirect project children” means children of parents who have come to the district subsequent to the start of the state project and who are not employed by a contractor or subcontractor of a state project but who are children in the area in addition to those which would be expected as a result of normal development and growth of the area as determined pursuant to regulations of the director which he or she is hereby authorized to adopt. (j) “Parent” includes a legal guardian or other person standing in loco parentis. (k) “Department” means the State Department of Education. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  7. 16503.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Director of General Services must administer this chapter and provide any assistance the board requires.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16503. The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  8. 16504.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A State Treasury fund called the State School Construction Fund is created, and its money is continuously appropriated for expenditures under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16500 - 16504] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16504. A fund in the State Treasury is hereby created, to be known as the State School Construction Fund. All money in the State School Construction Fund, including any money deposited in the fund from any source whatsoever after September 11, 1957, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  9. 16520.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School districts may receive apportionments from the State School Construction Fund for specified approved school-facility purposes, subject to board policies and stated conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16520. Apportionment from the State School Construction Fund to school districts shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board, for any of the following purposes: (a) The purchase and improvement of schoolsites which have been approved by the department. (b) The purchase of desks, tables, chairs, and equipment, as approved by the department. (c) The planning and construction, reconstruction, alteration of, and addition to, school buildings for facilities that are approved by the department as essential, all of which purposes are hereby declared to be, and are, public works. Where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance. However, in other respects the apportionments are eligible for payment under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  10. 16521.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may make apportionments to school districts for certain offsite construction, repair, attachment, or development work when it determines the work is necessary for the school facilities’ operation or functioning.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16521. In addition to the purposes for which apportionments may be made to school districts under Section 16520, apportionments may also be made to school districts for the construction, repair, attachment or development of offsite facilities, utilities or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  11. 16522.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A district acts as the state’s agent when applying for and spending apportionments under this chapter, and the board must transfer the property to the district after the district pays the amounts owed to the state.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16522. In making applications for, and in expending, apportionments of funds under this chapter, a district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. Upon the payment by the district of the amounts required to be paid by it to the state under this chapter, the board shall, in the name of the state, convey the property to the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  12. 16523.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may require school districts to insure state-owned sites, equipment, and buildings, and state funds apportioned under this chapter may not be used to pay the insurance premiums.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16523. The board may require school districts to insure for the benefit of the state all sites, equipment, and buildings which are the property of the state, against any risks and in any amounts that the board may deem necessary to protect the interests of the state. No state funds apportioned under this chapter shall be used to pay the premiums on the insurance. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  13. 16524.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A district is eligible for an apportionment under this chapter only if the listed student-count thresholds are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16524. A district shall be eligible to an apportionment under this chapter if the estimated number of project children and indirect project children who will be in average daily attendance in the schools of the district during the period of the state project is at least 25 and is at least 5 percent of the estimated number of all children who will be in average daily attendance in the schools of the district during the current fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  14. 16525.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Eligible school districts may apply for an apportionment for a grade level they maintain, but the application must include specified project information and supporting documents.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16525. Any eligible school district may make application for an apportionment for a grade level which it maintains by submitting through the governing board an application therefor in a form and number that the board shall prescribe. The application shall be addressed to the board and shall set forth a project for the construction of school facilities for the district in accordance with this section. (a) Each application and copy thereof shall contain and be supported by: (1) A description of the project and the site therefor, preliminary drawings of the school facilities to be constructed thereon, and any other information relating to the project that the board may require. (2) A statement of the estimated cost of the project certified by an architect or structural engineer. (3) Evidence that the district has or will have title to the site upon which the facilities as specified in the application will be constructed. (4) Assurance that the district will cause the work on the project to be commenced within a reasonable time and prosecuted to completion with reasonable diligence. (b) The board shall require any changes in the plans which an applicant school district submits with its application that the board determines is necessary or desirable to assure completion of the project with available funds of the district and the amount of the apportionment to which the district is entitled under this chapter. For that purpose the board may delegate to the director or the Director of General Services, according to whether the subject matter of the revision of the plans is subject to the jurisdiction and approval of the director or the Director of General Services, the authority to require any revision in the plans that the board deems necessary or desirable to accomplish the purposes of this subdivision. (c) Upon submission of an application for an apportionment under this chapter the Director of General Services shall do each of the following: (1) Transmit a copy of the application to the director who shall as promptly as possible prepare a report and recommendation with respect thereto. Thereupon the director shall transmit his or her report and recommendation to the Director of General Services who shall refer them to the board if he or she finds them in proper form and otherwise sufficient. If the Director of General Services finds the documents to be lacking in any respect as to any matter subject to the jurisdiction of the director or the department, he or she shall refer them to the director who shall take any action that may be necessary. (2) Determine the applicant district’s financial ability with funds apportioned under this chapter and funds devoted by the district to the project to meet the cost of the project and submit his or her report thereon as promptly as possible to the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  15. 16526.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must act on the application at its next regular meeting, and if it approves, it must apportion the requested funds or part of them. The apportionment is conditional, becomes final only after a favorable vote under Section 16527, and expires after nine months if it is not finalized.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16526. At the next regular meeting of the board following the submission of the reports and recommendations required by Section 16525, the board shall, subject to this chapter, approve or reject the application. If the board approves the application, it shall by resolution adopted by it, apportion to the district from the State School Construction Fund the amount applied for, or any portion thereof that the board determines proper. This shall be known as a conditional apportionment and shall become final only if the vote provided for in Section 16527 is favorable. The conditional apportionment shall remain in effect for a period of nine months from the date of the resolution of the board. If the apportionment does not become final within the time prescribed, it shall become void and the money so apportioned shall again become available for apportionment pursuant to this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  16. 16527.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district’s apportionment under this chapter does not become final, and a related Section 16528 agreement cannot be entered, unless district voters authorize it by a two-thirds vote at an election called by the governing board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16527. No apportionment to a school district under this chapter shall become final, nor shall any agreement authorized by Section 16528 be entered into, unless at an election called by the governing board of the district, two-thirds of the qualified electors of the district voting thereat have authorized the governing board to accept, expend, and repay an apportionment as provided in this chapter or, with respect to an agreement authorized by Section 16528, to obligate the district in an amount equal to or in excess of the maximum amount which the district could be obligated by the agreement, or by any act of its governing board, or for which it is responsible, contemplated, or permitted under the agreement. The election shall be called, held, and conducted in the same manner as are elections to authorize the issuance of district bonds, except that the ballot shall contain substantially the following words: “Shall the governing board of the district be authorized (1) to accept and expend an apportionment from the State of California under and subject to the provisions of the State Project Area School Construction Law, a portion of which amount is subject to repayment as provided by that law, or (2) to enter into an agreement or agreements with the state pursuant to Section 16528 of the Education Code, which will at the time of the agreement or agreements (or at the time of any subsequent act of the governing board, or for which it is responsible, contemplated or permitted thereby) commit the district to a total expenditure in connection with all of these agreements of not more than ____ dollars, or both. Yes ___ No ___.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  17. 16528.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may apportion funds, set standards with the State Department of Education, spend construction-fund money, and handle buildings and facilities, while eligible school districts may enter agreements with the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Apportionments [16520 - 16528] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16528. (a) In addition to the powers granted the board under this chapter, the board shall have authority to do each of the following: (1) Make apportionments to districts for the purchase of sites only, or for the construction or purchase of temporary or portable buildings, and for the cost of site preparation, including any necessary utility costs, in connection with their utilization. (2) Establish standards in conjunction with the State Department of Education pertaining to the sites and buildings as a condition for making the apportionment. In addition the board may also expend moneys from the State School Construction Fund directly for the construction, acquisition, storage, maintenance, and repair of the buildings, including administrative costs related thereto. In the latter event the board may lease, sell, or transfer under a lease-purchase agreement the buildings to school districts eligible for aid under this chapter, under the terms as it deems fit. Agreements pertaining thereto may provide for the payment by the state of site preparation costs, including any necessary utility costs, sufficient to permit their utilization. (b) Whenever the board deems it economically desirable to do so the board may dispose of any facilities acquired or constructed directly by it under this section to any public or private parties under the terms and in the manner as the board deems fit, save insofar as the disposal is inconsistent with any agreement under this section between the board and an affected district. The board is authorized to do any and all things necessary to effectuate the purposes of this section, and any eligible school district is authorized to enter into an agreement with the board to carry out the purposes hereof. (c) Any buildings leased for placement on the school property or under a purchase or a lease-purchase agreement shall be deemed the construction or alteration of a school building as those terms are defined in Sections 17280 to 17313, inclusive. (d) The consideration provided by any agreement between the state and districts pursuant to this section shall as nearly as possible reflect an amount which would return to the state a fair pro rata proportion of its capital investment and expenditures connected therewith in the light of the benefits conferred by the agreement. The consideration shall be paid by the districts promptly when due, and Section 16573 shall not be deemed applicable to reduce the consideration, provided that the amounts so repaid shall be redeposited in the State School Construction Fund. (e) No agreement shall be entered into under this section unless the department has, with respect thereto, or as a condition of making the agreement, approved each of the following items: (1) The property to be transferred, including any incidental construction pertaining thereto. (2) Whether the agreement shall be by lease or sale. (3) The term of the transfer, if less than a sale, including any contingent or indefinite term. “Sale” as used in this subdivision includes a lease-purchase transaction. The jurisdiction of the department shall not otherwise extend to the terms of the agreement. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  18. 16540.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must compute each applicant school district’s amount under this chapter and reduce it by certain federal funding amounts or by the federal share of project costs, whichever is greater.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16540. The board shall compute for each applicant school district the amount to which the district is entitled under this chapter in the manner prescribed by this article. The amount so computed shall be reduced by the amount received or to be received by the district under Public Law 815 of the 81st Congress, as amended, or any similar provisions of any other act of Congress, solely on account of the participation of the federal government in the state project or shall be reduced by the percentage of the cost of the project (as that term is defined in Section 41930) borne by the federal government, whichever is the greater amount. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  19. 16541.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may use state department or agency facilities and services when computing apportionments for applicant school districts, and may delegate duties or functions to officers or employees, except duties specifically assigned by this chapter to the director or department.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16541. In the computation of the apportionments to applicant school districts, the board may utilize the facilities and services of any department or agency of the state and may delegate the performance of any duties or functions, except those specifically delegated by this chapter to the director or department, to any officer or employee thereof as the board deems necessary and proper. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  20. 16542.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must calculate specified apportionment amounts by multiplying project-child counts by current construction cost per pupil measures, including a 55% factor for indirect project children.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16542. The board shall multiply: (a) The estimated number of project children in the district by the current construction cost per pupil in the area of the state project. (b) The estimated number of indirect project children in the district by the current construction cost per pupil in the area, multiplied by 55 percent. (c) “Current construction cost per pupil” as used in this section means the average per pupil cost of constructing complete school facilities for the grade level maintained by the district for which application for an apportionment is made under this chapter. (d) The total of the amounts computed pursuant to subdivisions (a) and (b) shall be apportioned to the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  21. 16543.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must determine the average per-pupil construction cost, and school districts must prepare child-count estimates under the director’s rules. Unapproved estimates cannot be used for apportionment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Apportionments, Computation [16540 - 16543] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16543. (a) The average per pupil cost of constructing complete school facilities in the area of the state project for the purposes of this article shall be determined by the board, after consultation with the department and the Department of General Services, on the basis of information obtained thereby and any other information that may be available to the department. (b) Estimates of the number of project children and indirect project children for the purpose of this article shall be made by the applicant school district in accordance with rules prescribed by the director and shall be made as of the time the greatest number of such children will attend the schools of the district as a result of the state project. The estimates shall be made on the basis of the best information available to the district at the time of the application. Approval of the estimates by the director, in whole or in part, shall be on the basis of the best information available to the director at the time of the approval. In the approval of estimates of the number of project children and indirect project children for the purposes of this article the director may utilize the facilities and services of any department or agency of the state as he or she deems necessary and proper. No estimate shall be used as a basis of an apportionment that has not been approved by the director. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  22. 16550.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The county superintendent of schools must prepare a duplicate certificate after the election result is determined, and send copies to the board and the Controller. The apportionment becomes final when the board receives the certificate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16550. Immediately after the result of the election required by Section 16527 has been determined, the county superintendent of schools shall make a certificate in duplicate stating whether the district has authorized the acceptance and expenditure of the apportionment. One copy of the certificate shall be sent to the board and one copy to the Controller. Upon the receipt by the board of the certificate, the apportionment shall become final. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  23. 16551.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may call and hold the election for an apportionment-related matter before or after the apportionment is made.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16551. The election by a school district upon the acceptance, expenditure, and repayment of an apportionment prescribed by Section 16527 may be called and held either before or after the making of an apportionment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  24. 16552.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Payment must follow a final apportionment, and certain reimbursements need a board special resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16552. Payment shall be made in accordance with the terms of a final apportionment, to a school district for expenditures, or commitments therefor, which have been made by the district subsequent to the date of the proclamation of the Governor proclaiming a state project in the area including the district, for any items approved by the board in the apportionment. However, if expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of the district containing the item was received by the board, payment or reimbursement for the item shall be made only upon authorization of the board by special resolution citing this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  25. 16553.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set the permitted purposes for district funds apportioned under this chapter, and its directions bind the district’s governing board unless the board changes them for good cause.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16553. The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it to a district under this chapter may be expended and the prescription shall be binding upon the governing board of the district except that it may be, for good cause, modified by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  26. 16554.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must certify each apportionment to the Controller, the Controller must draw a warrant on the State Treasury, and the Treasurer must pay the warrant from the State School Construction Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16554. Each apportionment made by the board under this chapter shall be certified by it to the Controller who shall thereupon draw his or her warrant on the State Treasury in favor of the county treasurer of the county having jurisdiction over the district. The warrant shall be paid by the Treasurer from the State School Construction Fund and is not subject to the provisions of Section 925.6 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  27. 16555.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    County treasurers must deposit money received under this chapter into the county treasury for the district’s state school construction fund, as apportioned by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16555. The county treasurer of each county shall pay all moneys received by him or her under this chapter into the county treasury to the credit of the state school construction fund of the district, which fund is hereby created, exactly as apportioned by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  28. 16556.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School district governing boards receiving an apportionment must use the state school construction fund only for the purpose the money was apportioned for, and they must file reports the board and Controller require.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16556. The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the state school construction fund of the district only for the purposes for which the moneys were apportioned to the district and for no other purpose and shall make any reports relating to the expenditure of the moneys that the board and the Controller shall require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  29. 16557.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Controller must audit the books and records of counties and school districts receiving apportionments under this chapter when the Controller thinks it is necessary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Apportionments, Payment [16550 - 16557] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16557. It shall be the duty of the Controller to make any audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, that he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes authorized by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  30. 16570.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district that receives an apportionment under this chapter must repay the principal amount as required by this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16570. Each school district to which an apportionment is made under this chapter shall repay the principal amount of the apportionment in the manner prescribed by this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  31. 16571.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For repayment calculations, a state project is treated as completed on June 30 of the fiscal year when it is completed and accepted by the state.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16571. For purposes of computing the repayment, the state project shall be deemed completed on June 30th of the fiscal year in which the state project is completed and accepted by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  32. 16572.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Controller must calculate each district’s annual repayment for an apportionment by the specified deadline and formula.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16572. The principal amount of the apportionment shall be computed and repaid in the manner prescribed in this article. (a) On or before the first day of January succeeding the completion of the state project, the Controller shall compute the annual repayment of each apportionment for each grade level maintained by the district, as follows: (1) He or she shall determine from the certification of the director the total amount of average daily attendance of project children, and the total amount of average daily attendance of indirect project children, in attendance in the grade level maintained by the district for the period commencing with the date of the proclamation of the Governor proclaiming the existence of a state project in the area including the district and ending on June 30th of the fiscal year in which the state project is completed. (2) He or she shall divide the average daily attendance of the project children by 30 and multiply the quotient by the amount determined by the board pursuant to Section 16543 as the average per pupil cost of construction in the area of the state project. (3) He or she shall multiply the average daily attendance of the indirect project children by 55 percent. The product shall be divided by 30 and the quotient multiplied by the amount determined by the board pursuant to Section 16543 as the average per pupil cost of construction in the area of the state project. (4) The total of the amounts computed pursuant to paragraphs (2) and (3) shall be subtracted from the amount of the apportionment to the district. The remainder shall be divided by 30 and the quotient shall constitute the amount of the annual repayment of the apportionment. (5) Upon application of the district and approval by the board, the total amount of the repayment may be paid in a lump sum or in fewer than 30 years. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  33. 16573.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If unused classroom space funded under this chapter exists when the project is completed, the board must reduce the district’s repayment amount proportionately, and no payment is required while the space remains unused.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16573. If on June 30th of the fiscal year in which the state project is completed there is classroom space constructed with funds apportioned under this chapter, that is not being used by the district, the board shall, upon application of the district, reduce the total amount to be repaid by the district on a proportionate basis until the time that the classroom space is used by the district. No payment shall be required by the district for the period during which the classroom space is not used by the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  34. 16574.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Controller must deduct each district’s annual repayment from the district’s February through May apportionment installments, and the deducted amount is transferred to the state General Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16574. The Controller shall, during the fiscal year in which he or she determines the annual repayment as provided in Section 16572, and for each subsequent fiscal year not exceeding 30, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund under Sections 46304, 46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, and, on order of the Controller, the amount so deducted shall be transferred to the General Fund of the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  35. 16575.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    When the Controller calculates a yearly deduction from district apportionments from the State School Fund, the Controller must notify the district’s governing board and the county auditor of the deduction amount.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16575. Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  36. 16576.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    County supervisors must levy an annual tax on district property to cover money the Controller withheld from the district’s State School Fund apportionments, and the collected tax must go to the county treasury for the district’s general fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16576. The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the next levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money withheld by the Controller during the fiscal year preceding that in which the tax is levied. The tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of the general fund of the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  37. 16577.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A district may ask to add the unpaid balance of a chapter apportionment to its principal apportionment under Sections 16000 to 16207, and that added amount is repaid under those sections without interest.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Apportionments, Repayment [16570 - 16577] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16577. Notwithstanding Section 16572 to the contrary, if on or before June 30th of the fiscal year in which the state project is completed the district has received a final apportionment under Sections 16000 to 16207, inclusive, or if at any time thereafter the district receives a final apportionment under Sections 16000 to 16207, inclusive, the amount of the apportionment to the district under this chapter then remaining unpaid shall, upon request of the district, be added to the principal amount of the apportionment made to the district under Sections 16000 to 16207, inclusive. Thereupon the apportionment made to the district under this chapter shall be deemed to be an apportionment made to the district under Sections 16000 to 16207, inclusive, and subject to repayment in the manner therein prescribed, except that no interest shall be charged or collected upon the amount which is added to the principal amount of the apportionment made to the district under Sections 16000 to 16207, inclusive. For the purposes of Section 16083, any amount added to the principal amount of an apportionment pursuant to this section shall be deemed to have become final and disbursed to the district on the date the state project is deemed completed pursuant to Section 16571. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  38. 16590.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 6. Miscellaneous [16590 - 16592] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must establish necessary procedures and policies, and adopt necessary rules and regulations, for administering this chapter and using funds for it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 6. Miscellaneous [16590 - 16592] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16590. In addition to any other powers and duties as are granted the board by this chapter, the board shall do each of the following: (a) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary and which are not in conflict with the powers and duties of the State Department of Education or of the director granted or imposed by this chapter. (b) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, that it may deem necessary. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  39. 16591.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 6. Miscellaneous [16590 - 16592] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board continues to exist for this chapter, and board members plus legislators meeting with the board receive no compensation but may be reimbursed for actual and necessary expenses from the State School Construction Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 6. Miscellaneous [16590 - 16592] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16591. The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the State School Construction Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  40. 16592.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 6. Miscellaneous [16590 - 16592] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If the Controller finds that school bond money was spent for unauthorized purposes or exceeded project costs, the Controller must notify specified local officials and the district and county treasurer must repay the amount to the State Treasury.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 7. School Construction Law of 1957 [16500 - 16592] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 6. Miscellaneous [16590 - 16592] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16592. Whenever the Controller determines that any money apportioned to a school district under this chapter has been expended by the district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by this chapter to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the State School Construction Fund, to be reapportioned by the board. The governing body and county treasurer shall make the payments to the Treasurer as provided in this section, and the Controller shall enforce the collection on behalf of the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  41. 16700.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section says the chapter may be cited as the “Urban School Construction Aid Law of 1968.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16700. This chapter may be cited as the “Urban School Construction Aid Law of 1968.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  42. 16701.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Legislature states that the state should aid urban school districts in reconstructing, modernizing, or replacing schoolsites and buildings for public school pupils housed in substandard schools built before 1943.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16701. The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to aid urban school districts of the state in reconstructing, modernizing, or replacing schoolsites and buildings for pupils of the public school system who are now housed in substandard schools constructed prior to 1943. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  43. 16702.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Board,” “Director,” “Project,” “Apportionment,” and “Urban district.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16702. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “Director” means the Director of Education. (c) “Project” means the purpose or purposes for which a school district has applied for an apportionment or apportionments. (d) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. (e) “Urban district” means any school district, the boundaries of which are substantially identical to or which encompass the boundaries of a city having a population in 1960 of not less than 50,000 persons. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  44. 16703.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Director of General Services must administer this chapter and provide any assistance the board requires.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16703. The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  45. 16704.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board is continued for this chapter. Board members and legislators meeting with the board get no compensation, but they are reimbursed for actual and necessary expenses from the Urban School Construction Aid Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16704. The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the Urban School Construction Aid Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  46. 16705.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set rules that prioritize funding for urban districts where children will benefit most from schoolhouse facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16705. The board by the adoption of rules shall give priority in allocating funds to urban districts to those districts where the children will benefit most from schoolhouse facilities. This priority shall be based upon the age of existing buildings and the acuteness of overcrowding at the school or schools where the construction or reconstruction will occur, the density of population in the attendance areas affected, or any other factors that will insure that the greatest need will be served. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  47. 16706.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set eligibility qualifications, administrative procedures and policies, and rules and regulations for this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16706. In addition to any other powers and duties that are granted the board by this chapter, the board shall: (a) Establish any qualifications not in conflict with other provisions of this chapter that it deems will best serve the purposes of this chapter for determining the eligibility of school districts to apportionments of funds under this chapter. (b) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary. (c) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, that it may deem necessary. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  48. 16707.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must issue disposal instructions for replaced property, and affected school districts must follow them.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16707. The board shall prescribe instructions specifying the manner in which property, real or personal, being replaced through the apportionment, shall be disposed of, and compliance with the instructions shall be a condition upon the making of the apportionment. The net proceeds derived from the disposition shall be contributed in reduction of any apportionment. Any school district affected shall comply with instructions prescribed by the board. The board may require a district to transfer to the state, by any instruments deemed appropriate by the board, title to the replaced property, whereupon, the board shall dispose of the property in any manner it deems appropriate to insure the highest return to the state, and apply the proceeds therefrom in reduction of apportionments to the district. The district affected shall do all things deemed necessary by the board to implement the disposition. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  49. 16708.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Fund apportionments are limited to urban districts and must be used only to reconstruct or replace existing substandard buildings built before 1943.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16708. Apportionments from the Urban School Construction Aid Fund created by Section 16728 shall be limited to urban districts and shall be made for the sole purpose of reconstructing or replacing existing substandard buildings constructed prior to 1943. The apportionments shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board for the following purposes: (1) The acquisition, by purchase or lease, and the installation and equipping portable classrooms for instructional purposes. (2) The acquisition and development of schoolsites. (3) The construction and equipping of permanent school buildings and facilities. (4) The reconstruction, renovation, or remodeling of existing school buildings and facilities. (5) Any combination of the above. As a part of these purposes, where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction, or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance, provided that in other respects the apportionments are eligible for payment under this chapter. A leasehold or use permit interest held by a school district in land owned in fee simple by the government of the United States may, for all purposes of this chapter, be deemed a purchase of land by the district and to vest title and ownership in the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  50. 16709.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board cannot make an apportionment for replacing inadequate school facilities unless it first investigates and finds rehabilitation would not be economical or good practice.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16709. The board shall not make any apportionment with respect to an application for replacing inadequate school facilities unless it has first investigated and made a finding that it would not be economical or good practice to rehabilitate the facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  51. 16710.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School districts may receive apportionments for certain offsite facilities, utilities, or improvements needed for school facilities, if the board determines they are necessary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16710. In addition to the purposes for which apportionments may be made to school districts under Section 16708, apportionments may also be made to school districts for the construction, repair, attachment, or development of offsite facilities, utilities, or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  52. 16711.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section says school districts using these funds act as state agents, the state owns the funded property interests, and the Director of General Services must file and later release or disclaim certificates about the state’s interest.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16711. (a) In making applications for, and in expending apportionments of funds under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. (b) The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds apportioned under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall as to any party thereafter acquiring real property or any interest therein in the county from the school district have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. That effect shall commence upon recordation and continue until the certificate is discharged or released as provided herein. (c) Upon request, the Director of General Services shall issue either of the following: (1) A release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under this chapter, provided that delivery of the release may be subject to any conditions that may be prescribed by the board to protect the state’s interest. (2) A disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under this chapter, provided that the delivery of the disclaimer may be subject to any conditions that the board deems appropriate to protect the interests of the state, including conditions relating to the amount of consideration to be received from the disposition if the board asserts an interest in the proceeds of the disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder. (d) Upon payment by the district of all amounts required to be paid by it or on its behalf to the state under this chapter both of the following shall occur: (1) The Director of General Services shall file with the recorder a release of any certificate. The release shall be recorded and indexed in the same index as the certificate. (2) The title to personal property purchased by such school district with funds apportioned under this chapter shall revert thereto without further action by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  53. 16712.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may not spend money apportioned under this chapter unless the related contracts were awarded through competitive bidding under the code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16712. A school district shall not expend money apportioned under this chapter unless the contracts under which the funds are expended have been let after competitive bids thereafter pursuant to this code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  54. 16713.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School districts seeking an apportionment must file an application through their governing board, include certified cost and project plans, and keep cost estimates within the stated limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16713. Each school district which desires an apportionment shall submit through its governing board to the board an application therefor in the form and number of copies as the board shall prescribe. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire construction project for which the district desires an apportionment. Estimates of costs for new construction or equipment appearing in an application shall not exceed typical current costs of comparable new construction or equipment by school districts in the same area not receiving an apportionment under this chapter, as determined by the Director of General Services, or if there has been no new construction by school districts in the area, the estimates of costs shall not exceed the reasonable current cost of similar construction or equipment in the area as determined by the Director of General Services. A school district may at any time file an application or amend or supplement an application. Upon receipt of any application, the Director of General Services shall as promptly as possible prepare a report and recommendation with respect to the application after having received recommendations from the director in respect to any matter which is subject to the jurisdiction or approval of the director or State Department of Education. The board shall, subject to the provisions of this chapter, approve, in whole or in part, or reject each application referred to it by the Director of General Services. If the board approves of the application, either in whole or in part, it shall, by a resolution adopted by it, apportion to the district from the Urban School Construction Aid Fund the amount applied for, or a portion thereof as the board may determine appropriate. However, it may order that the apportionment or any part thereof shall be paid in progressive installments at times and under conditions as it may then prescribe. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  55. 16714.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may approve school district applications and make conditional or additional apportionments, but not above the stated limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16714. The board may approve, in whole or in part, an application submitted by a school district under Section 19263 and in any amount, not exceeding the amount applied for, that the board may deem appropriate. The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make a conditional apportionment or conditional apportionments not exceeding in the aggregate the total amount approved in the application of the district by the board to the applicant school district from the Urban School Construction Aid Fund for any portion or portions of the project that the board determines the district is ready to proceed with. If the board has approved an application and made an apportionment as to a portion or portions of a project, the board may approve the remaining portion or portions of the project and make an additional apportionment or apportionments as it deems appropriate. If the board determines that the actual cost is in excess of the estimated cost of the specific school plant facilities or sites for which an apportionment to a district has been made, or for which a district’s application has been approved in whole or in part pursuant to this section, the board may make an additional apportionment to the district in an amount equal to the excess even though the additional apportionment will result in the total apportionments to the district exceeding the amount of the application originally approved by the board. Approval of an application under this section shall not be construed as creating or implying any obligation, commitment or promise on the part of the board or the state to make apportionments under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  56. 16715.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    No apportionment may be made for new construction if its area exceeds the area of the unsafe buildings it replaces; the board prescribes how school building area is computed uniformly.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16715. No apportionment shall be made for new construction, the area of which exceeds the area of the unsafe buildings being replaced under Section 16708. The area of school buildings shall be computed in a uniform manner as prescribed by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  57. 16716.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Payment or reimbursement to a school district must follow the terms of an apportionment for approved items, and some earlier expenditures or work need board authorization by special resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16716. Payment shall be made in accordance with the terms of an apportionment, either directly or by way of reimbursement, to a school district for expenditures, or commitments therefor, which have been made by the district subsequent to the effective date of this chapter for any items approved by the board in the apportionment. However, if expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of the district containing the item was received by the board, payment or reimbursement for the item, either with state funds or with district funds which the district is required to contribute by the apportionment, shall be made only upon authorization of the board by special resolution citing this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  58. 16717.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set the interest rate paid by districts for apportioned sums, but only with approval from the Director of General Services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16717. Notwithstanding any provision to the contrary, the board, with the approval of the Director of General Services, shall, pursuant to this section, fix the rate of interest to be paid by the districts on the sums apportioned during that fiscal year. Beginning each fiscal year the board shall compute the average of the rates of interest which the state pays upon the state school reconstruction and replacement bonds, sold at the three sales of state school reconstruction and replacement bonds occurring immediately prior to that fiscal year, or, if the board so determines, at all of the sales of the bonds occurring in the two years immediately prior thereto, giving effect to the price at which the state school reconstruction and replacement bonds sold at the sales, and the premium, if any paid, thereon. If an apportionment is made prior to the sale of state school reconstruction and replacement bonds, the board shall use the computed average rate of interest which the state paid on the last sale of state school building bonds. The average rate shall be adjusted to the next highest one-tenth of 1 percent to cover the cost of sale and issuance of the bonds and costs of administration. The adjusted average rate shall be the rate paid by districts on apportionments received during that fiscal year, and shall be compounded annually through the 30th day of June of each year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  59. 16718.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Apportionments and disbursements from the Urban School Construction Aid Fund may be made even if the fund does not have enough money on hand, but some money cannot be disbursed if it must be transferred to the General Fund or if the Controller deems it needed for other appropriations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16718. Apportionments may be made irrespective of whether there is on deposit at the time thereof a sufficient amount in the Urban School Construction Aid Fund to permit the payment of the apportionments. Disbursements may be made under any apportionment from any funds in the Urban School Construction Aid Fund irrespective of whether there exists at the time of the disbursement a sufficient amount in the fund to permit the payment in full of all apportionments previously made. However, no disbursements shall be made from any funds in the Urban School Construction Aid Fund required by law to be transferred to the General Fund, or from any moneys therein which the Controller deems necessary to satisfy appropriations from the fund for purposes other than apportionments. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  60. 16719.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A district cannot receive apportionment for school construction work if its overall building-program plans do not meet the code’s construction requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16719. No apportionment shall be made to a district for the construction, reconstruction, or alteration of, or addition to, school buildings if the requirements prescribed by this code for the construction of school buildings are not met by the plans for the entire building program of the district in connection with which the district applied for an apportionment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  61. 16720.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Districts receiving an apportionment must repay the principal and interest in 30 equal annual payments, and the Controller determines the repayment amount and can grant deferments when the district board certifies the payment exceeds the tax-based threshold.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16720. Each district to which an apportionment or apportionments has been made under this chapter shall repay a portion or all of the principal amount of such apportionment or apportionments and the accrued interest thereon in 30 equal annual payments, as shall be determined by the Controller pursuant to this section. If more than one apportionment is made the annual amount payable shall be the sum of the amounts which would be payable on each apportionment if computed separately. The Controller shall determine the portion of the principal amount of the apportionment or apportionments made to each district to be repaid by the district by diminishing the principal amount by the product of the ratio which the assessed valuation of the district per unit of average daily attendance of pupils in the grades maintained by the district during the preceding fiscal year bears to the assessed valuation per unit of average daily attendance in the same type of districts in the state and one-half of the principal amount of the apportionment or apportionments, except that the amount to be repaid shall not exceed the amount of the principal apportionment or apportionments. The Controller shall make the computation to determine the annual repayment due in the next fiscal year following the fiscal year in which the apportionment is made. In any year prior to the 1980–81 fiscal year in which the annual repayment exceeds the amount which may be raised by a three-cent ($0.03) tax rate per one hundred dollars ($100) of assessed valuation in the district, the governing board of the school district shall so certify to the Controller whereupon the Controller shall grant a deferment of the annual repayment which is in excess of the amount that would be produced by a tax rate of three cents ($0.03) per one hundred dollars ($100) of assessed valuation of the district. In any year, beginning with the 1981–82 fiscal year, in which the annual repayment exceeds the amount which may be raised by a levy of 0.0075 percent of the full value in the district, the governing board of the school district shall so certify to the Controller whereupon the Controller shall grant a deferment of the annual repayment which is in excess of the amount that would be produced by a tax of 0.0075 percent of the full value of the district. The amount deferred shall be added to the annual repayment for the next succeeding fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  62. 16721.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Controller must deduct each district’s annual repayment from February through May State School Fund installments and transfer the deducted money to the Urban School Construction Aid Fund; those funds may be used only for transfer to the General Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16721. The Controller shall, during the next fiscal year following that in which he determines the annual repayment as herein provided, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund and, on order of the State Controller, the amount so deducted shall be transferred to the Urban School Construction Aid Fund. All money transferred to the Urban School Construction Aid Fund under this section shall be available only for transfer to the General Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  63. 16722.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Controller must keep a record of amounts due the state for each district apportionment and compute interest on state-disbursed amounts at the rate fixed by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16722. The Controller shall determine and maintain a record of the amount due the state in connection with each apportionment made to a district under this chapter. He or she shall compute interest, at the rate fixed by the board, on each amount disbursed by the state pursuant to the apportionment, from the date of issuance of the Controller’s warrant covering the payment to the county treasurer of the amount until the first day of July of the fiscal year next succeeding that in which the warrant was issued. Thereafter, interest shall accrue to and be compounded as a part of the principal amount due the state pursuant to the apportionment, through the 30th day of the following June of each year, until the principal and interest have been paid. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  64. 16723.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    After calculating the deduction amount in a fiscal year, the Controller must notify the district’s governing board and the county auditor.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16723. Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the succeeding fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  65. 16724.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    County supervisors must levy a tax on district property if state school fund money will be withheld from the district, and the collected tax must go into the county treasury for the district’s general fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16724. The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money to be withheld by the Controller during the fiscal year in which the tax is levied. The tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of the general fund of the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  66. 16725.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must specify how apportioned money may be spent, and it may later change or modify that prescription for any cause it sees fit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16725. The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it or which it requires the district to contribute toward, or in reduction of the cost of a project, may be expended, and the prescription shall be binding upon the governing board of the district, except that it may be changed or modified by the board for any cause that it sees fit. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  67. 16726.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    An urban school construction fund is created in each county treasury for each school district, and the county treasurer must deposit covered moneys into that fund as apportioned by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16726. An urban school construction fund is hereby created in the county treasury in each county for each school district in the county. The county treasurer of each county shall pay into the urban school construction fund of each school district, exactly as apportioned by the board, all moneys received by him or her under this chapter with respect to each school district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  68. 16727.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Interest earned on certain deposits must be paid into the Urban School Construction Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16727. Interest earned on those portions of deposits in an urban school construction fund representing allocations from the proceeds of state school reconstruction and replacement bonds received by the county treasurer for the benefit of a school district under this chapter shall be paid into the Urban School Construction Fund created by Section 16728. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  69. 16728.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Creates the Urban School Construction Aid Fund in the State Treasury and makes all money in it continuously appropriated for spending under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16728. A fund in the State Treasury is hereby created, to be known as the Urban School Construction Aid Fund. All money in the Urban School Construction Aid Fund, including any money deposited the fund from any source whatsoever is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under the provisions of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  70. 16729.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district governing board that has received an apportionment must spend the urban school construction fund only as apportioned and only for the approved purposes, and must make any reports the board and Controller require.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16729. The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the urban school construction fund of the school district exactly as apportioned by the board and only for the purposes for which the moneys were apportioned to the district, and for no other purpose, and shall make the reports relating to the expenditure of the moneys that the board and the Controller shall require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  71. 16731.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Controller must audit the books and records of counties and school districts receiving apportionments under this chapter when the Controller considers it necessary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16731. It shall be the duty of the Controller to make any audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, that he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes and under the conditions authorized by this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  72. 16732.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If the Controller finds school bond money was spent for unauthorized purposes or over the approved project cost, notice must be sent and the district must repay the amount.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16732. Whenever the Controller determines that any money apportioned to a school district has been expended by the school district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by this chapter to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the Urban School Construction Aid Fund, to be reapportioned by the board. It shall be the duty of the governing body and the county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. If the district fails to make the payment specified within one year after written notice of the amount due, the Controller shall deduct the amount thereof with interest from date of the notice from the February payment made to the district under Section 14041 in the next succeeding fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  73. 16733.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines three district terms and says when boundary-change or reorganization dates count for this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16733. (a) As used in this chapter: (1) “State-aided district” means a district to which an apportionment has been made under this chapter. (2) “Acquiring district” means a district in which all or a part of, a state-aided district or an applicant district has been included. (3) “Original district” means a state-aided or applicant district included in whole or in part in an acquiring district. (b) For the purposes of this article as it applies to an original district or to an acquiring district, the effective date of any change of boundaries, annexation, formation of a new district, or other reorganization shall be the date the action became effective for the purposes of Section 4060. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  74. 16734.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If a state-aided district is included in another district after an apportionment, the acquiring district takes over the project-related duties and powers, receives the fund balances and payments, and assumes repayment obligations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 8. Urban School Construction Aid Law of 1968 [16700 - 16734] ( Chapter 8 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [16700 - 16734] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 16734. Whenever, subsequent to the date of an apportionment to a district, the state-aided district is included in whole or in part in another district, the acquiring district in which a state-aid project is located shall, on the effective date of the inclusion, succeed to and be vested with all of the duties, powers, purposes, jurisdiction, and responsibilities of the state-aided district with respect to any apportionment or apportionments for such project and the property acquired or to be acquired from funds provided thereby, and all funds in the urban school construction fund of the state-aided district shall be transferred to the urban school construction fund of the acquiring district. All amounts which would, after the effective date of the inclusion, have been otherwise paid to the state-aided district under the terms of or pursuant to the apportionment, shall be paid to the acquiring district. In addition, the acquiring district shall, on the effective date of the inclusion of the state-aided district in the acquiring district become liable for the annual repayments and other payments due the state under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  75. 1700.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section states the Legislature’s purpose for county school service fund programs: county superintendents should coordinate educational programs and provide assistance to school districts and community college districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1700. The Legislature hereby declares that it is in the interest of the state and of the people for the office of the county superintendent of schools, through the county school service fund, to provide coordination of the educational program among school districts and community college districts in the territory under his or her jurisdiction and to provide professional and financial assistance to school districts and community college districts which otherwise, because of size or location, would not be able to furnish a satisfactory program of education for their children. That assistance is a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state. In adopting this chapter, the Legislature considers that the coordination of the educational program constitutes the greatest continuing need to be met through the county school service fund. To meet this need the necessity is recognized to provide professional services to coordinate courses of study, guidance services, health services, school library services, special education, and attendance activities. As an additional need, the Legislature recognizes the necessity to provide professional services in districts too small to supply services for themselves economically and effectively, such as, (a) to prepare courses of study; (b) to supervise instructional practices; (c) to provide direct guidance services, health services, and attendance services normally provided in an educational program; (d) to provide for the purchase, distribution, and use of supplementary instructional materials and equipment; and (e) to provide educational opportunity to normal and special pupils who would otherwise be denied it. It is recognized further that providing for professional service is a transitory function of the county school service fund to be assumed by school districts and community college districts when, through growth or reorganization, they will be able to perform the services for themselves. It is the further intent of the Legislature that: (a) Services involving the coordination of the educational program which have among others the purposes of (1) enforcing minimum standards, (2) improving the educational program, and (3) promoting order and reasonable uniformity in the educational program shall be provided, except as may be specifically authorized, at the district level, reserving to the district the opportunity and responsibility for internal improvement, and that those services will be provided in a manner that recognition will be given to the responsibilities placed upon school districts and community college districts, by the Legislature to determine and administer their own educational program. (b) Services to school districts and community college districts, which do not constitute coordination among districts shall be provided in a manner that impetus will be given to strengthening school districts and community college districts, and to improving district organization to the end that more effective programs of education may be offered, and that the provision of services through the county school service fund shall not act to deter or delay any school districts and community college districts, from furnishing the services for themselves. (c) Services to school districts and community college districts, shall be cooperatively provided by two or more county superintendents of schools without regard for county boundaries whenever a particular service may be so provided with economy and effectiveness. (d) The direct operation of an educational program by the county superintendent of schools shall, except as specifically authorized by the Legislature, be limited to those emergency cases where children would otherwise be denied an opportunity for education. (Amended by Stats. 1990, Ch. 1372, Sec. 32.)
  76. 17000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section says the chapter may be cited as the “Leroy F. Greene State School Building Lease-Purchase Law of 1976.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17000. This chapter may be cited as the “Leroy F. Greene State School Building Lease-Purchase Law of 1976.” (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  77. 17001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board may set criteria for allocating funds to reconstruct nonconforming school buildings, and those funds may not exceed 75% of facility replacement cost.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17001. (a) The Legislature hereby declares that it is in the interest of the state and the people thereof for the state to reconstruct, remodel, or replace existing school buildings that are educationally inadequate or that do not meet present-day structural safety requirements, and to acquire new schoolsites and buildings for the purpose of making them available to local school districts for the pupils of the public school system, that system being a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state. (b) In order to expedite the elimination of the use of nonconforming school buildings that are used or designed to be used for instructional purposes or intended to be entered by pupils, the State Allocation Board may establish criteria that considers special circumstances under which funds may be allocated for the reconstruction of nonconforming buildings. The funds allocated in accordance with this section shall not exceed 75 percent of the cost of facility replacement. (c) It is the intent of the Legislature that all construction projects be designed and constructed to maximize the use of educational technology, as set forth in subdivision (b) of Section 17002. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  78. 17002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines key terms used in this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17002. The following terms wherever used or referred to in this chapter, shall have the following meanings, respectively, unless a different meaning appears from the context: (a) “Apportionment” means a reservation of funds necessary to finance the cost of any project approved by the board for lease to an applicant school district. (b) “Board” means the State Allocation Board. (c) “Cost of project” includes, but is not limited to, the cost of all real estate property rights, and easements acquired, and the cost of developing the site and streets and utilities immediately adjacent thereto, the cost of construction, reconstruction, or modernization of buildings and the furnishing and equipping, including the purchase of educational technology hardware, of those buildings, the supporting wiring and cabling, and the technological modernization of existing buildings to support that hardware, the cost of plans, specifications, surveys, and estimates of costs, and other expenses that are necessary or incidental to the financing of the project. For purposes of this section, “educational technology hardware” includes, but is not limited to, computers, telephones, televisions, and video recording equipment. (d) (1) “Good repair” means the facility is maintained in a manner that assures that it is clean, safe, and functional as determined pursuant to a school facility inspection and evaluation instrument developed by the Office of Public School Construction and approved by the board or a local evaluation instrument that meets the same criteria. Until the school facility inspection and evaluation instrument is approved by the board, “good repair” means the facility is maintained in a manner that assures that it is clean, safe, and functional as determined by the interim evaluation instrument developed by the Office of Public School Construction or a local evaluation instrument that meets the same criteria as the interim evaluation instrument. The school facility inspection and evaluation instrument and local evaluation instruments that meet the minimum criteria of this subdivision shall not require capital enhancements beyond the standards to which the facility was designed and constructed. In order to provide that school facilities are reviewed to be clean, safe, and functional, the school facility inspection and evaluation instrument and local evaluation instruments shall include at least the following criteria: (A) Gas systems and pipes appear and smell safe, functional, and free of leaks. (B) Mechanical systems, including heating, ventilation, and air-conditioning systems, satisfy the following: (i) Are functional and unobstructed. (ii) Appear to supply adequate amount of air to all classrooms, work spaces, and facilities. (iii) Maintain interior temperatures within normally acceptable ranges. (C) Doors and windows are intact, functional, and open, close, and lock as designed, unless there is a valid reason they should not function as designed. (D) Fences and gates are intact, functional, and free of holes and other conditions that could present a safety hazard to pupils, staff, or others. Locks and other security hardware function as designed. (E) Interior surfaces, including walls, floors, and ceilings, are free of safety hazards from tears, holes, missing floor and ceiling tiles, torn carpet, water damage, or other cause. Ceiling tiles are intact. Surfaces display no evidence of mold or mildew. (F) Hazardous and flammable materials are stored properly. No evidence of peeling, chipping, or cracking paint is apparent. No indicators of mold, mildew, or asbestos exposure are evident. There is no apparent evidence of hazardous materials that may pose a threat to the health and safety of pupils or staff. (G) Structures, including posts, beams, supports for portable classrooms and ramps, and other structural building members appear intact, secure, and functional as designed. Ceilings and floors are not sloping or sagging beyond their intended design. There is no visible evidence of severe cracks, dry rot, mold, or damage that undermines structural components. (H) Fire sprinklers, fire extinguishers, emergency alarm systems, and all emergency equipment and systems appear to be functioning properly. Fire alarm pull stations are clearly visible. Fire extinguishers are current and placed in all required areas, including every classroom and assembly area. Emergency exits are clearly marked and unobstructed. (I) Electrical systems, components, and equipment, including switches, junction boxes, panels, wiring, outlets, and light fixtures, are securely enclosed, properly covered and guarded from pupil access, and appear to be working properly. (J) Lighting appears to be adequate and working properly. Lights do not flicker, dim, or malfunction, and there is no unusual hum or noise from light fixtures. Exterior lights onsite appear to be working properly. (K) No visible or odorous indicators of pest or vermin infestation are evident. (L) Interior and exterior drinking fountains are functional, accessible, and free of leaks. Drinking fountain water pressure is adequate. Fountain water is clear and without unusual taste or odor, and moss, mold, or excessive staining is not evident. (M) Restrooms and restroom fixtures satisfy the following: (i) Are functional. (ii) Appear to be maintained and stocked with supplies regularly. (iii) Appear to be accessible to pupils during the schoolday. (iv) Appear to be in compliance with Section 35292.5. (N) The sanitary sewer system controls odor as designed, displays no signs of stoppage, backup, or flooding, in the facilities or on school grounds, and appears to be functioning properly. (O) Roofs, gutters, roof drains, and downspouts appear to be functioning properly and are free of visible damage and evidence of disrepair when observed from the ground inside and outside the building. (P) The school grounds do not exhibit signs of drainage problems, such as visible evidence of flooded areas, eroded soil, water damage to asphalt playgrounds or parking areas, or clogged storm drain inlets. (Q) Playground equipment and exterior fixtures, seating, tables, and equipment are functional and free of significant cracks, trip hazards, holes, deterioration that affects functionality or safety, and other health and safety hazards. (R) School grounds, fields, walkways, and parking lot surfaces are free of significant cracks, trip hazards, holes, deterioration that affects functionality or safety, and other health and safety hazards. (S) Overall cleanliness of the school grounds, buildings, common areas, and individual rooms demonstrates that all areas appear to have been cleaned regularly and are free of accumulated refuse and unabated graffiti. Restrooms, drinking fountains, and food preparation or serving areas appear to have been cleaned each day that the school is in session. (2) (A) On or before January 1, 2007, the Office of Public School Construction shall develop the school facility inspection and evaluation instrument and instructions for users. The school facility inspection and evaluation instrument and local evaluation instruments that meet the minimum criteria of this subdivision shall include a system that will evaluate each facility, based on the criteria listed in paragraph (1), on a scale of “good,” “fair,” or “poor,” as developed by the Office of Public School Construction, and provide an overall summary of the conditions at each school on a scale of “exemplary,” “good,” “fair,” or “poor.” (B) On or before July 1, 2007, the Office of Public School Construction, in consultation with county offices of education, shall define objective criteria for determining the overall summary of the conditions of schools. (C) For purposes of this paragraph, “users” means local educational agencies that participate in either of the programs established pursuant to this chapter, Chapter 12.5 (commencing with Section 17070.10), or Section 17582. (e) “Lease” includes a lease with an option to purchase. (f) “Project” means the facility being constructed or acquired by the state for rental to the applicant school district and may include the reconstruction or modernization of existing buildings, construction of new buildings, the grading and development of sites, acquisition of sites therefor and any easements or rights-of-way pertinent thereto or necessary for its full use including the development of streets and utilities. (g) “Property” includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this chapter. (Amended by Stats. 2009, Ch. 88, Sec. 20. (AB 176) Effective January 1, 2010.)
  79. 17002.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines “construction” broadly and says deferred maintenance funding may be approved under this chapter even if related project funding is prohibited under Section 17021.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17002.1. As used in this chapter, construction shall include, but not be limited to, reconstruction, modernization, and replacement of facilities, and the performance of deferred maintenance activities on facilities pursuant to rules and regulations regarding those activities as may be adopted by the board. Funding for deferred maintenance activities for a facility may be approved under this chapter without regard to whether project funding for the reconstruction, modernization, or replacement of the facility is prohibited under Section 17021. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  80. 17003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The Director of General Services must administer this chapter and provide assistance to the board when required.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17003. The Director of General Services shall administer this chapter and shall provide such assistance to the board as it may require. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  81. 17004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board continues to exist for this chapter, and board members and legislators meeting with the board receive no compensation but may be reimbursed for actual and necessary expenses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17004. The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid as an administrative expense referred to herein. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  82. 17005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board has power to set eligibility qualifications, make administration rules and procedures, control projects, and fix or change project-related charges.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17005. In addition to all other powers and duties as are granted the board by this chapter, other statute, or the Constitution, the board shall have power to: (a) Establish any qualifications not in conflict with other provisions of this chapter, as it deems will best serve the purposes of this chapter, for determining the eligibility of school districts to lease projects under this chapter. (b) Establish any procedures and policies in connection with the administration of this chapter as it deems necessary. (c) Adopt any rules and regulations for the administration of this chapter, requiring any procedure, forms, and information, as it may deem necessary. (d) Construct and control any project. (e) Fix rates, rents, or other charges for the use of any project acquired, constructed, rehabilitated, equipped, furnished, or for services rendered in connection with that project, and to alter, change, or modify the same at its pleasure, subject to any contractual obligation that may be entered into by the board with respect to the fixing of the rates, rents, or charges. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  83. 17005.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must approve an annual plan by June 30 each year, specifying how much money will be set aside for deferred maintenance and how it will be allocated to applicant districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17005.1. On or before June 30, 1981, and on or before June 30 of each year thereafter, the board shall approve a plan specifying (a) the amount of funds to be allocated in the forthcoming fiscal year for the purposes of deferred maintenance activities and (b) the manner in which such funds shall be allocated to applicant districts. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  84. 17005.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Some school districts may apply for a loan, but the loan cannot be used to buy real property and must be repaid within five years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17005.3. (a) Any school district with an average daily attendance of less than 2,501 pupils may apply to the board for a loan to cover the project activities of the first or second phase, as those phases were defined on July 1, 1993, of a project funded under this chapter. The loan shall not be utilized for the purchase of real property and shall be repaid by the school district either through a dedication of fees or charges levied pursuant to Section 17620 until the loan is repaid or upon receiving the project funding at the construction phase, but, in any event, the loan shall be repaid within five years from the date on which the board makes the loan. In addition to the other methods of repayment specified in this subdivision, the board may also notify the Controller if a school district is 90 days late in making loan repayments, in which case the Controller shall reduce the apportionments to which the school district is otherwise entitled under Section 42238 as necessary to recover past due payments and any current payments. (b) The board may make loans under this section to the extent that the board determines that funds are available for that purpose. The total annual maximum funds that may be loaned under this section is ten million dollars ($10,000,000) per fiscal year. (c) The board may make loans under this section only for those projects and phases that have met all of the eligibility standards of the board and receive approval for an apportionment, but for which apportionment funds are not available. In any event, the amount of the loan shall not exceed the amount that would have been eligible for apportionment. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  85. 17005.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may make loans to school districts from bond-sale proceeds if the fund has the money and the loan conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17005.5. The board may provide a loan to any school district from the proceeds of the sale of bonds pursuant to the School Facilities Bond Act of 1992, and the 1992 School Facilities Bond Act, to provide aid for school districts in accordance with this chapter, when those proceeds are available in the State School Building Lease-Purchase Fund. In order to provide a loan, both of the following conditions shall be met: (a) The amount of the loan shall not exceed the amount set forth in legislation enacted that specifies the loan amount. (b) The loan shall be repaid pursuant to a schedule set forth in legislation enacted that specifies a loan repayment schedule. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  86. 17006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may not enter a lease for replacing inadequate school facilities unless it first investigates and makes a finding. A self-certifying district must keep documentation of its investigation and finding.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17006. (a) The board shall not enter into any lease with respect to an application for replacing inadequate school facilities unless it first has investigated and made a finding, or the governing board of a self-certifying district, as applicable, first certifies that it has investigated and made a finding, consistent with guidelines adopted by the board, that one or both of the following conditions exists: (1) It would not be economical or good practice to rehabilitate those facilities. (2) The school facilities are inadequate due to their susceptibility to repeated flooding. The board shall develop and adopt regulations that define inadequacy of school facilities on the basis of susceptibility to repeated flooding. The building area of any facility found to be inadequate pursuant to this subdivision shall be excluded, for the purposes of any application for the replacement of any facility, from the calculation under this chapter of the area of adequate school construction existing in the applicant school district. (b) The self-certifying district shall maintain documentation of each investigation and finding it conducts pursuant to subdivision (a) as may be required by the board, and the investigation and finding shall be subject to subsequent audit as the board may direct. (c) For purposes of this chapter, a “self-certifying district” as to any project to be funded under this chapter, is an applicant district that provides 50 percent or more of the cost of the project from funding sources other than any state program administered by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  87. 17007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State School Building Finance Committee continues in existence for this chapter, and related officials and legislative members have specified service, assistance, advisory, and legal-adviser roles.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17007. The State School Building Finance Committee, created by Section 15909 and composed of the Governor, Controller, Treasurer, Director of Finance, and Director of Education, all of whom shall serve thereon without compensation and a majority of whom shall constitute a quorum, is continued in existence for the purpose of this chapter. Two Members of the Senate appointed by the Senate Committee on Rules, and two Members of the Assembly appointed by the Speaker, shall meet with and advise the committee to the extent that the advisory participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this chapter the Members of the Legislature shall constitute an interim investigation committee on the subject of this chapter and as an interim investigating committee shall have the powers and duties imposed upon interim investigating committees by the Joint Rules of the Senate and the Assembly. The Director of General Services shall provide any assistance to the committee that it may require. The Attorney General shall be the legal adviser of the committee. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  88. 17008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Creates the State School Building Lease-Purchase Fund and makes its money continuously appropriated for this chapter; the State Allocation Board may apportion those funds to school districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17008. A fund is hereby created in the State Treasury to be known as the State School Building Lease-Purchase Fund. All money in the State School Building Lease-Purchase Fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated for expenditure pursuant to this chapter. The State Allocation Board may apportion funds to school districts for the purposes of this chapter from funds transferred to the State School Building Lease-Purchase Fund from any source. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  89. 17008.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may create and fund a revolving loan account, lend to eligible school districts for advance planning costs, and recover unpaid amounts through apportionment reductions or withholding.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17008.3. (a) The board may establish a revolving loan account within the State School Building Lease-Purchase Fund, and may allocate from the fund to that account those amounts it determines to be necessary for the purposes of this section. (b) The board may apportion to any school district that submits to the board a statement of its intent to subsequently file a project application under this chapter, a loan for the purpose of advance planning and related administrative costs pursuant to the preparation of that application. The loan amount shall not exceed 3 percent of the estimated project cost, as determined pursuant to the building cost standards established under this chapter. (c) If, within a period of 24 months following the receipt of any loan amounts under this section, the project for which those advance planning funds were provided has not been found by the board to be qualified for funding under this chapter, the board shall so notify the Controller, who shall reduce the apportionments to which the district is otherwise entitled under Section 42238 as necessary to repay the amount of all loans provided under this section, over such period of time as the board finds to be reasonable. The Controller shall transfer the amount of all apportionment reductions imposed under this subdivision to the revolving loan account established under this section. (d) The repayment of loan amounts received under this section by school districts other than those described under subdivision (c) shall be accomplished by the withholding, as determined by the board, of apportionment funds that would be available to the district for purposes of the project for which the district received funding approval under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  90. 17008.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may approve projects and make apportionments only within specified funding limits, and disbursements cannot be made from funds that must be transferred to the General Fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17008.5. The board may approve projects and make apportionments in amounts not exceeding those funds on deposit in the State School Building Lease-Purchase Fund plus any amount of bonds authorized by the State School Building Finance Committee but not yet sold by the Treasurer. Disbursements may be made under any apportionment made from any funds in the State School Building Lease-Purchase Fund, irrespective of whether there exists at the time of the disbursement a sufficient amount in the State School Building Lease-Purchase Fund to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  91. 17009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    County education officials may receive certain state bond funds for special education facilities if they have filed the required regionalized facility plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17009. (a) The county superintendent of schools or county office of education shall be eligible to receive any funds from the portion of the proceeds of the sale of any state bonds that are set aside for the construction, reconstruction, or modernization of, or deferred maintenance on facilities to house special education pupils who are defined as severely handicapped and eligible pursuant to Section 17047. (b) Subdivision (a) is only applicable if the county superintendent of schools or county office of education has filed with the State Allocation Board a regionalized facility plan, as developed and approved by the State Department of Education, that covers the county or special education local planning agency area of responsibility. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  92. 17009.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may not approve projects under this chapter on or after November 4, 1998.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17009.3. The board may not approve any projects pursuant to this chapter on and after November 4, 1998. (Added by Stats. 1998, Ch. 407, Sec. 2. Effective August 27, 1998.)
  93. 17009.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section limits new school facilities project funding to Chapter 12.5 after November 4, 1998, with specific treatment for certain already-approved projects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 1. General Provisions [17000 - 17009.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17009.5. (a) Except as set forth in Section 17052, on and after November 4, 1998, the board shall only approve and fund school facilities construction projects pursuant to Chapter 12.5 (commencing with Section 17070.10). (b) A school district with a first priority project that has received a construction approval by the Department of General Services, Division of the State Architect, or a joint-use project approval by the board, prior to November 4, 1998, for growth or modernization pursuant to this chapter shall receive funding pursuant to this chapter for all unfunded approved project costs as it would have received under this chapter, and the increased capacity assigned to the project shall be included in calculating the district’s capacity pursuant to Chapter 12.5 (commencing with Section 17070.10). Funds received for projects described in this subdivision shall constitute the state’s final and full contribution to these projects. The board shall not consider additional project funding except when otherwise authorized under Chapter 12.5 (commencing with Section 17070.10). (c) A school district with a second priority project that has received a construction approval by the Department of General Services, Division of the State Architect prior to November 4, 1998, for growth or modernization pursuant to this chapter shall elect to do either of the following: (1) Withdraw the application under this chapter, submit an initial report and application pursuant to Chapter 12.5 (commencing with Section 17070.10), and receive per pupil allocations as set forth in Chapter 12.5 (commencing with Section 17070.10). If the district withdraws the application, any funds previously allocated under this chapter for the project shall be offset from the first grant to the district under Chapter 12.5 (commencing with Section 17070.10). (2) Convert the second priority project approved under this chapter to a first priority status and receive funds in accordance with this chapter. (d) Notwithstanding priorities established pursuant to Chapter 12.5 (commencing with Section 17070.10), projects authorized for funding as set forth in this section shall be funded by the board pursuant to this chapter prior to funding other projects pursuant to Chapter 12.5 (commencing with Section 17070.10). (e) For purposes of funding priority for modernization grants under Chapter 12.5 (commencing with Section 17070.10), a district that applies under subdivision (b) or paragraph (1) of subdivision (c) shall retain its original project approval date. (f) Notwithstanding Section 17017.1, West Contra Costa Unified School District shall be eligible for state facilities funds beginning November 4, 1998. (g) The State Allocation Board shall adopt regulations to ensure that an appropriate offset is made from funds approved pursuant to this chapter, for funds awarded to school districts pursuant to Chapter 12 (commencing with Section 17000) prior to November 4, 1998. (Amended by Stats. 2000, Ch. 753, Sec. 1. Effective January 1, 2001.)
  94. 1701.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain county superintendent services must comply with the budget and other restrictions in Section 14052 and any other applicable sections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1701. Any services of the county superintendent of schools authorized by this chapter which relate to the coordination of the educational program or coordination of the course of study among districts under his jurisdiction, the preparation of courses of study, the development of courses of study or curricula materials, or research or development studies in connection with the curricular and special services of the county superintendent of schools are subject to the budget and other restrictions of Section 14052 and any other applicable sections. (Enacted by Stats. 1976, Ch. 1010.)
  95. 17010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may build projects, buy needed property, and, in joint work with a public body or the United States, pass its share of project costs to that public body for spending on the project.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17010. The board may construct any project, and may acquire all property necessary therefor, on any terms and conditions as it may deem advisable. When any part of the work is to be done or performed by any public body or the United States jointly or in conjunction with the board, the portion of the cost of the project to be borne by the board may be turned over to the government of the United States or to any other public body, to be expended by it in the acquisition, construction or completion of the project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  96. 17011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may use available funds and bond proceeds to pay for the costs of acquiring, constructing, or completing a project.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17011. The board may use for the payment of the costs of acquisition, construction or completion of any project any funds made available to the board by the State of California or any other funds provided by the board from any source, to be expended for accomplishing the purposes set forth in this chapter, together with the proceeds of bonds issued and sold pursuant to the State School Building Lease-Purchase Bond Law of 1976. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  97. 17012.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board has control over authorized projects and may begin the work right away.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17012. The board has full charge of the acquisition, construction, completion, and control of all projects authorized by them and may proceed with such work forthwith. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  98. 17013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Property acquired, constructed, or improved by the board, and the related revenues and income, are owned by California and are exempt from taxation by state and local public bodies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17013. Title to all property acquired, constructed, or improved by the board and the revenues and income therefrom, is in the State of California. All such property, and the income therefrom are exempt from all taxation by the State of California or by any county, city and county, city, district, political subdivision or public corporation thereof. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  99. 17014.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must require school districts and applicants to fund and maintain school projects, including repairs, a restricted maintenance account, and an annual maintenance plan.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17014. (a) The board shall require the school district to make all necessary repairs, renewals, and replacements to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the school district. (b) In order to ensure compliance with subdivision (a) and encourage applicants to maintain all buildings under their control, the board shall require the applicant to do all of the following prior to the approval of a project: (1) Establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for regular maintenance and routine repair of school buildings, according the highest priority to funding for the purpose set forth in subdivision (a). (2) Agree to deposit into the account established pursuant to paragraph (1), in each fiscal year for the term of the lease agreements of all projects constructed under this chapter, a minimum amount equal to or greater than 2 percent of the general fund budget of the applicant district for that fiscal year. This paragraph is applicable only to the following districts: (A) High school districts with average daily attendance greater than 300. (B) Elementary school districts with average daily attendance greater than 900. (C) Unified school districts with average daily attendance greater than 1,200. (c) For each project funded after July 1, 1998, the board shall require the applicant school district governing board to certify, as part of the annual budget process of the school district and beginning in the fiscal year in which the project is funded by the state, that a plan has been prepared for completing major maintenance, repair, and replacement requirements for the project. For purposes of this subdivision, the term “major maintenance, repair, and replacement” means roofing, siding, painting, floor and window coverings, fixtures, cabinets, heating and cooling systems, landscaping, fences, and other items designated by the governing board of the school district. The board shall require the school district’s governing board to certify that the plan includes and is being implemented as follows: (1) Identification of the major maintenance, repair, and replacement needs for the project. (2) Specification of a schedule for completing the major maintenance, repair, and replacement needs. (3) Specification of a current cost estimate for the scheduled major maintenance, repair, and replacement needs. (4) Specification of the school district’s schedule for funding a reserve to pay for the scheduled major maintenance, repair, and replacement needs. (5) Review of the plan annually, as a part of the annual budget process of the school district, and update, as needed, the major maintenance, repair, and replacement needs, the estimates of expected costs, and any adjustments in funding the reserve. (6) Availability for public inspection of the original plan, and all updated versions of the plan, at the office of the superintendent of the school district during the working hours of the school district. (7) Provision in the annual budget of the school district of a provision that states the total funding available in reserve for scheduled major maintenance, repair and replacement needs as specified in the updated plan, and an explanation if this amount is less than that specified in the updated plan. The reserve shall be maintained in the restricted account established pursuant to subdivision (b). (d) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2004, Ch. 900, Sec. 4. Effective September 29, 2004.)
  100. 17015.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must require the school district to insure against public liability or property damage for any project.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17015. The board shall require the school district to insure against public liability or property damage in connection with any project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  101. 17016.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may set priorities for project construction and leasing, may make exceptions when pupils would benefit, and must require proof that certain leased portable classrooms are used only for a county community school.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17016. (a) The board, by the adoption of rules, may establish priorities for the construction and leasing of projects to those school districts the pupils of which will benefit most. The board may make exceptions from established priorities when it determines that to do so will benefit the pupils affected. (b) The board may adopt rules establishing priorities for the acquisition and leasing of portable classrooms to county superintendents of schools that will most benefit pupils needing a county community school. The board shall require each county superintendent of schools who leases portable classrooms pursuant to Section 17017.2 to demonstrate that the portable classrooms are utilized solely for operation of a county community school. (Amended by Stats. 1998, Ch. 485, Sec. 45. Effective January 1, 1999.)
  102. 17017.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School districts seeking to lease a project must apply through their governing board, and the board must apply cost standards before approval.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017. Each school district that desires to lease a project for a grade level maintained by it, shall submit through its governing board an application therefor to the board in the form and number of copies that the board may prescribe. Immediately upon receipt of an application in the prescribed form accompanied by the required estimate of cost, a copy thereof shall be transmitted by the board to the Director of General Services. Each copy of the application shall be accompanied by a statement of the estimated cost of the project certified by an architect or structural engineer, and by layout plans showing the entire construction project. Before the board approves an application for a construction project, it shall establish cost standards for all new construction included therein. The cost standards shall not exceed typical comparable new construction by school districts in the same area, or if there has been no new construction by school districts in the area, the cost standards shall not exceed the reasonable current cost of similar construction in the area. The board shall determine such typical current costs or such reasonable current costs. In applying cost standards the board shall take into account the size and type of the construction proposed and may make any deviations that in its judgment are justified. When a standard has been set by the board to cover any individual apportionment, no project shall be approved by the board in excess of the standard, unless the board shall find that in view of a subsequent increase in building costs an adjustment is warranted. No contract shall be let for a construction project which has been approved by the board if the cost exceeds the construction cost standards fixed by the board under this section for the new construction. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  103. 17017.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    West Contra Costa Unified School District is generally barred from state school facilities funding for a limited period, with specific exceptions and board-controlled funding rules for certain projects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017.1. (a) The West Contra Costa Unified School District shall be ineligible for any state school facilities funding for a period of five years from June 30, 1993, or until the date of the final payment on its entire debt to the state, including both principal and interest, whichever is later. Notwithstanding the above, the school district may continue to receive funding for deferred maintenance activities and for those purposes specified in subdivision (b). (b) The State Allocation Board shall approve funding for only those Richmond Unified School District State School Building Lease-Purchase Program projects which were approved for Phase II apportionments on or before April 1, 1993. All West Contra Costa Unified School District projects may be considered for funding by the State Allocation Board either in five years or after the complete repayment of the loan established under Section 41471, whichever is later. (c) In the event that the State Allocation Board approves the replacement of the existing Belding Elementary School with funds currently allocated for the modernization of the Harry Ells Middle School and the Samuel Gompers Middle School, that approval shall be considered allowable exemption under subdivision (b). Authority for this exemption is repealed on November 1, 1993, if approval of Phase III construction apportionment for the replacement of the existing Belding Elementary School has not occurred. In allowing for the possibility of this exemption, it is not the intent of the Legislature to interfere in any way with the decisionmaking authority and process of the State Allocation Board. It is the intent of the Legislature that a proposal to replace the existing Belding Elementary School with funds currently allocated to the modernization of the Harry Ells Middle School and the Samuel Gompers Middle School be submitted to the State Allocation Board under its existing procedures and policies. The State Allocation Board’s decision shall be based on the merits of the proposal, not this exemption authority. Specifically, this subdivision may not be used as justification for approval of a project to replace the Belding Elementary School. (d) Any properties or facilities designated by the school district to be used for other than school purposes to generate capital to repay the outstanding debt shall be ineligible for deferred maintenance funding. Should any facilities receive funding for those purposes after the enactment of this legislation, and later be declared available for purposes intended to repay the debt, the value of state funding received for deferred maintenance at that facility shall be deducted from ongoing or future deferred maintenance projects in the district. If no projects are available for offset of apportionments, the value of the deferred maintenance performed will be added to the outstanding loan balance. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  104. 17017.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may provide portable classrooms for county community schools, but must set land-acquisition standards and may not make a classroom available unless the county superintendent shows no feasible alternative facility is available.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017.2. (a) The board may own, have maintained, and lease portable classrooms to any county superintendent of schools who provides a county community school program, as defined in Section 1986. These portable classrooms shall be adequately equipped to meet the educational needs of these pupils, including, but not limited to, sinks and restroom facilities. (b) The board, with the advice of the Superintendent of Public Instruction, may have portable classrooms constructed, furnished, or equipped, and may otherwise require whatever work is necessary to place portable classrooms for county community schools where needed, including the acquisition and preparation of sites. The board shall, in consultation with the Superintendent of Public Instruction, establish standards for the acquisition of land, with land acquisition limited to no more than 10,000 square feet per portable classroom, waivable by the board only as needed to meet local zoning and land use requirements or health and safety considerations. (c) A county superintendent of schools who desires to lease portable classrooms shall have prepared for the board’s use performance specifications for portable classrooms and bids for their construction that can be solicited from more than one responsible bidder. (d) No portable classroom shall be made available to a county superintendent of schools unless the county superintendent of schools furnishes evidence, satisfactory to the board, that the county superintendent of schools has no other facility available for rental, lease, or purchase in the geographic service area that is economically or otherwise feasible. (e) If at any time the board determines that a lessee’s need for particular portable classrooms that were made available to the lessee pursuant to this chapter has ceased, the board may take possession of the portable classrooms and may lease them to other county superintendents of schools or, if there is no longer a need for portable classrooms, the board may dispose of them to public or private parties in the manner it deems to be in the best interest of the state. (f) This section does not limit the authority of a county superintendent of schools to provide facilities without assistance from the board for pupils who are enrolled in a county community school. (Added by Stats. 1997, Ch. 893, Sec. 84. Effective January 1, 1998.)
  105. 17017.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section lets the board approve school district applications and fund projects, but sets limits and requires certain supporting documents and plans.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017.5. (a) The board may approve, in whole or in part, an application submitted by a school district under Section 17017 or 17020 in an amount not exceeding the amount applied for as the board may deem appropriate. (b) The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make apportionments of project funding not exceeding in the aggregate the total amount determined by the board under subdivision (a) for the portion or portions of the project for which the board determines the district is ready to proceed. Subsequent to the board’s approval of a project, any requirement imposed by the board that the compliance of the project with building cost or area standards and related guidelines adopted by the board be established as a condition of the apportionment of funds under this chapter shall be satisfied, as to a project for a self-certifying district, by the certification by the district of that compliance. In addition, the board shall not require that estimates of average daily attendance be updated as to that project more often than once every 12 months subsequent to the board’s approval of the project. The self-certifying district shall maintain documentation of the compliance certified pursuant to this subdivision as may be required by the board, and that compliance shall be subject to subsequent audit as the board may direct. (c) Whenever a district files an application, the board shall require the district to submit to the board and the State Department of Education a five-year plan for construction and rehabilitation of school facilities, and to obtain the written approval of the department that the plan complies with standards that are established by the department for this purpose to ensure that the applicant district has adequately anticipated its school facilities needs and identified funding sources as necessary to meet those needs. The plan may be adjusted to reflect adjusted growth targets. (d) The board shall not approve any application under this chapter after January 1, 1990, unless accompanied by a study examining the feasibility of implementing in the district a year-round multitrack educational program that is designed to increase pupil capacity in the district or in overcrowded high school attendance areas by at least 20 percent. (e) The board may waive subdivision (d) or the requirements of Section 17017.7, or both, if a school district demonstrates that these requirements will result in a particular educational or financial hardship to the district. Further, the board shall waive subdivision (d), if it finds that there is clear hardship to a district due to declining enrollment or no growth. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  106. 17017.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section limits the existing “substantial enrollment” definition to elementary and unified school districts, and sets special high-school-district rules for multitrack year-round schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017.6. Notwithstanding Section 17017.7, the definition of “substantial enrollment” set forth in that section shall apply only to elementary and unified school districts. For a high school district, “substantial enrollment in multitrack year-round schools,” for the purposes of Section 17017.7, means that at least 30 percent of the pupils enrolled in the high school district are enrolled in multitrack year-round schools, or that 40 percent of the pupils enrolled in public school in kindergarten and grades 1 to 12, inclusive, within the boundaries of the high school attendance area for which the school district is applying for new facilities are enrolled in multitrack year-round schools. In addition, a high school district shall be deemed to have a substantial enrollment in multitrack year-round schools for purposes of Section 17017.7 if, at the option of the district, the entire high school to be constructed is to operate on a multitrack year-round basis. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  107. 17017.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section sets funding-approval priorities for new school construction, giving first priority to certain multitrack year-round school projects and defining key terms used in that priority system.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017.7. (a) Notwithstanding any other provision of this chapter, priority for the approval of project funding for new construction under this chapter, shall be as follows: (1) First priority for construction funds shall be given to school districts with a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project that would be constructed to operate on a multitrack year-round basis. (2) Second priority shall be for school districts with a substantial enrollment in multitrack year-round schools requesting state funding for the entire cost of a project that would be constructed to operate on a multitrack year-round basis. (3) Third priority shall be for school districts without a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project to operate on a multitrack year-round basis. (4) Fourth priority shall be for school districts without a substantial enrollment in multitrack year-round schools requesting state funding for the entire cost of a project that would be constructed to operate on a multitrack year-round basis. (5) Fifth priority shall be for school districts with a substantial enrollment in multitrack year-round schools requesting state funding for 50 percent of the cost of a project that would not operate on a multitrack year-round basis. (6) Sixth priority shall be for school districts with a substantial enrollment in multitrack year-round schools requesting state funding for the entire cost of a project that would not operate on a multitrack year-round basis. (b) The board shall not restrict the availability of funding for construction of multitrack year-round schools, from any funding source available to the State School Building Lease-Purchase Fund, but shall make approval of project funding for those projects the first priority in accordance with this section. (c) “Substantial enrollment,” for the purposes of this section, means enrollment of at least 30 percent of district pupils in kindergarten and grades 1 to 6, inclusive, or 40 percent of pupils in kindergarten and grades 1 to 12, inclusive, in the high school attendance area for which the school district is applying for new facilities. The calculation set forth in this subdivision, as to a self-certifying district, shall be made by the district, in accordance with any standards governing that calculation that are adopted by the board. The calculation shall be certified by the district to the board and used by the board for the purposes of this section. The self-certifying district shall maintain documentation of the calculation as may be required by the board, and the calculation shall be subject to subsequent audit as the board may direct. If a self-certifying district is found by the board to have materially misrepresented its pupil enrollment pursuant to this subdivision, the board may impose either or both of the penalties set forth in paragraphs (1) and (2) of subdivision (b) of Section 17041.2, in accordance with that section. (d) “Multitrack year-round school,” for purposes of this section, means a school for which the applicant district demonstrates that both of the following criteria are satisfied: (1) The pupils are divided into three or more groups or tracks, which rotate attendance so that, for a majority of schooldays during the school year, at least one group or track is not attending the school while all other groups or tracks are in attendance. (2) The operation of the school on a multitrack year-round basis has resulted in an increase in enrollment capacity. (e) Notwithstanding any other provision of this section, the State Allocation Board may continue to implement any year-round school priority provisions for hardships adopted prior to September 1, 1990. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  108. 17017.9.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district can get priority project status if it documents high bonded indebtedness and agrees to use bonding capacity and certain fees toward project costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17017.9. (a) Notwithstanding any other provision of law, a project shall be accorded, subject to subdivision (b), the priority status that otherwise is accorded under Section 17017.7 to a project for which state funding is requested for only 50 percent of the cost, if all of the following conditions are met: (1) The applicant district documents to the satisfaction of the board that it has incurred bonded indebtedness in an amount not less than 95 percent of the bonding capacity of the district. “Bonded indebtedness” for the purposes of this section includes, but is not limited to, funding provided pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. (2) The applicant district agrees that up to 95 percent of the unexpended bonding capacity of the district, existing on or after the date of the district’s first application for project funding pursuant to this section, shall apply toward the cost of projects. (3) Either of the following apply: (A) The applicant district agrees that developer fees imposed pursuant to Section 17620 shall apply toward the cost of projects for which the district requests state funding pursuant to this chapter, not to exceed 50 percent of the cost of any project. Fees needed for interim housing for capital outlay purposes for modernization and new construction projects, school district administration capital outlay projects, and capital outlay projects for transportation needs, are exempt from this requirement. (B) The applicant is a school district with an average daily attendance of 2,500 or less. (b) An applicant district qualifying for the priority status described in subdivision (a) as to any project shall continue to be accorded that status for all subsequent projects under this chapter until the time that the bonding capacity of the district determined for purposes of that subdivision increases by 20 percent. (c) The condition set forth in paragraph (2) of subdivision (a) shall apply until either the applicant district’s eligibility under this section terminates pursuant to subdivision (b), or funding for the district is approved and apportioned under this chapter for a project for which 50 percent or more of the cost is provided by the district from funding sources other than any state program administered by the board, whichever occurs first. (d) Notwithstanding any other provision of law, as to any project for which priority status is accorded pursuant to subdivision (a), the estimate of average daily attendance for the applicant district may be calculated, upon request of the district, in the manner set forth in subdivision (a) of Section 17040.3. (e) The board may recalculate program allowances and apportionments pursuant to this section. (Amended by Stats. 1998, Ch. 957, Sec. 1. Effective January 1, 1999.)
  109. 17018.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must encourage energy-conserving facility design when approving applications, and it may raise cost allowances in certain cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17018. In approving applications pursuant to this chapter, the board shall encourage the design and construction of facilities which will conserve unreplenishable energy resources by consideration of alternate design and insulation concepts as well as unconventional energy sources. In so doing, the board may increase cost allowances to reflect the difference between conventional and unconventional concepts when the board is satisfied that the life cycle cost of the project is not expected to exceed the life cycle cost of a conventionally designed project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  110. 17018.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must approve certain cost-sharing applications for school facility projects, but only under this section’s requirements and only when the school district would be eligible under the normal process.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17018.5. (a) The Legislature intends for the board to encourage school districts to utilize alternative methods to fund school facilities. (b) The board shall approve applications pursuant to the requirements of this section that request the board to share a portion of the cost of projects constructed pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth by Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. The board shall disregard the fact that structures have been constructed in accordance with that act, and neither consider nor approve any application for cost sharing until the time that the applicant school district would have become eligible for approval of its application during the normal process established for considering and approving applications. (c) The board shall approve applications for cost sharing based on both of the following factors: (1) Estimates of average daily attendance at the time the application is considered. (2) The amount of cost sharing requested. (d) The costs shared by the board shall be an amount equal to the cost that would have been allowed for the project had it been originally approved pursuant to this chapter less 5 percent per year depreciation, exclusive of land, for each year that the project was constructed in advance of the application approval, but no more than the lesser of an amount equal to 75 percent of the allowable cost of the project or the principal amount of any outstanding callable bonds and other debts incurred to finance the project under the Mello-Roos Community Facilities Act of 1982. (e) If the board utilizes a point system to prioritize applications for funding, the computation of priorities for an application pursuant to this section shall be increased by 4 percent for each year from the date of construction of the project to the date of approval of the cost-sharing application. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  111. 17018.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A qualifying school district may apply for funding to build a gymnasium or multipurpose room, and the board may approve it if the site lacks adequate facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17018.7. (a) Notwithstanding any other provision of law to the contrary, a school district that has, within the previous 24-month period, constructed or otherwise acquired school facilities with 100 percent local funding, may apply for funding for the construction of a gymnasium or multipurpose room on the site where it constructed or otherwise acquired school facilities with 100 percent local funding. (b) If the State Allocation Board determines that the schoolsite does not have adequate gymnasium or multipurpose room facilities, the board may approve the application pursuant to this section. (c) For an application approved pursuant to this section, the board shall grant the school district a credit against its local matching share requirement of up to 50 percent of the costs of the project or the total local funds expended by the school district on any school facilities funded by 100 percent local funds within the immediately preceding 24-month period, whichever is less. (d) For an application approved under this section, the project shall be accorded the priority status that is otherwise accorded under Section 17017.7 to a project for which state funding is requested for only 50 percent of the costs. (e) As used in this section “100 percent local funding” includes construction or acquisition of a school facility with 40 percent funding from the general fund of the school district and with the remainder of the local funding from the sale of surplus school property. (Added by Stats. 1998, Ch. 941, Sec. 1. Effective January 1, 1999.)
  112. 17019.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set and periodically review cost and quality standards for furniture and equipment before approving certain school projects, and it may approve only part of the amount requested.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17019. Before the board approves any project that includes the acquisition of furniture or equipment, it shall establish current cost and quality standards for furniture and equipment, including, but not limited to, educational technology hardware. The standards shall not exceed the cost and quality of furniture and equipment for comparable facilities purchased by school districts in the same area. The standards shall consist of furniture and equipment costs for each type of classroom or pupil station having different cost criteria. The standards shall be reviewed quarterly by the board and adjustments made in accordance with actual current costs. When cost and quality standards have been adopted by the board, the standards shall not be exceeded unless a subsequent increase in actual current costs warrants an adjustment. Before the board approves a project for the replacement, reconstruction, or alteration of, or addition to, a school building, full consideration shall be given to all usable furniture and equipment existing in the applicant district. The board may approve all or a portion of the amount applied for. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  113. 17019.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    An applicant school district may hire a firm for construction project management services, but building contractors must be required to provide a performance bond, and the board must approve, reject, or modify the final-phase contract portion within 15 business days or it is deemed approved.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17019.3. (a) Any applicant school district may contract with a firm, as defined in Section 4525 of the Government Code, for construction project management services to assist in the development or implementation of a project for which the district has applied for funding under this chapter, subject to the requirement that a performance bond be required from all building contractors hired to construct the project in order to ensure the completion of performance under the contract. (b) That portion of any contract, as described in subdivision (a), concerning the final phase of construction of the project, shall be submitted by the applicant district to the board for approval. If the board does not approve, reject, or recommend modifications to, that contract portion within 15 business days after receiving that contract information, that portion of the contract shall be deemed to be approved by the board. (c) From the amount of funding approved by the board under this chapter for any project, the board shall authorize the expenditure of funds for the costs of construction project management services provided to the project, as described in subdivision (a), where the board finds that the contracting for those services was necessary and appropriate to the school district’s development or implementation of that project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  114. 17019.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For small school districts, the board may approve supplemental apportionments for certain projects, subject to building cost standards and amount caps.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17019.5. For a school district having an average daily attendance of 2,500 or less for the prior fiscal year, the board may approve, subject to the building cost standards established under this chapter, a supplemental apportionment up to five thousand five hundred dollars ($5,500) for any new construction project, and up to one thousand three hundred twenty dollars ($1,320) for any other project approved under this chapter, as reimbursement for administrative expenses incurred by the district in filing the application for the project. The amount of the supplemental apportionments shall be adjusted in 1990, and every two years thereafter, by the board at its January meeting, which adjustment shall be in an amount equal to the amount of the adjustment for inflation set forth in the statewide cost index for class D construction. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  115. 1702.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county school service fund must be used to pay for authorized county superintendent services and other purposes specifically authorized in Section 1500.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1702. The county school service fund shall be used to pay for those services provided by the county superintendent of schools that are authorized by this chapter, and for such other purposes as are specifically authorized in Section 1500. (Enacted by Stats. 1976, Ch. 1010.)
  116. 17020.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may apply first for a project limited to land purchase and plans/specifications, and may later apply for additional projects to finish the school facility.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17020. (a) Notwithstanding other provisions of this chapter, in order to expedite a total school facility a school district may first apply for a project which includes only the advance purchase of the land and preparation of plans and specifications. The acquisition of the site and the plans preparation shall be based on the justification documents for the total school facility. The school district may apply for a subsequent project or projects to complete the total school facility. (b) Any application filed pursuant to this section shall be subject to all provisions of this chapter generally applicable to project applications, to the extent not in conflict with this section. (c) Any estimate of average daily attendance made by an applicant district for the purpose of justifying an application pursuant to this section may be made for up to and including two years longer than the period of time permitted by Section 17040. (d) Beginning in the fifth fiscal year following the fiscal year in which any apportionment is made to a school district pursuant to this section, the district shall repay the apportionment, with interest, in 10 equal annual installments, unless and until the district has qualified for an apportionment pursuant to an application for utilization of the site under this chapter. These repayments shall constitute rent, and shall be in addition to any other rents or fees for which the district is obligated under Section 17032. The board may waive any obligation of repayment under this subdivision to the extent that the board finds that the obligation will result in an extreme hardship upon the district. (e) The school district may apply for a subsequent project or projects to complete the total school facility. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  117. 17021.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A project may not be approved for work on a school building if the building was built or rebuilt less than 30 years ago, or less than 20 years ago for a portable classroom.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17021. No project shall be approved for the reconstruction, modernization, or replacement of any school building that was constructed or reconstructed less than 30 years, or, in the case of any portable classroom, as defined in subdivision (e) of Section 17042.5, less than 20 years, prior to the date of approval of the project applied for under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  118. 17021.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section defines “modernization” or “renovation” and sets approval conditions for school facility modernization projects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17021.3. (a) For purposes of this chapter, “modernization” or “renovation” means any modification of an existing structure, the costs of which do not exceed 25 percent of the replacement cost of that structure. (b) No project shall be approved for the modernization of any school facility unless and until both of the following are demonstrated to the satisfaction of the board: (1) The project will enhance the capacity of the facility to achieve one or more educational purposes. (2) The resulting pupil capacity of the facility, as measured in units of average daily attendance, will equal or exceed 80 percent of the facility’s maximum capacity as determined under the board standards established under this chapter. (c) No project shall be approved for the modernization of any school facility that was constructed less than 30 years prior to the date of the approval of the project applied for under this chapter. (d) The State Allocation Board may waive the requirement in subdivision (c) if the building has been declared by the Office of the State Architect to be, or is in imminent danger of becoming, a health or safety hazard to the pupils. This determination may only be made in the case of a natural disaster, for example, fire, flood, or earthquakes, or as a result of a determination by a qualified engineer, and agreed to in writing by the Office of the State Architect. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  119. 17021.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section allows certain modernization or renovation project costs to go above 25% of replacement cost if the extra amount is paid by the district from non-state-program sources, and it sets caps of 50% or 75% in specified cases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17021.4. Notwithstanding the limitation set forth in subdivision (a) of Section 17021.3, the costs of a modernization or renovation project funded under this chapter may exceed 25 percent of the replacement cost of an existing structure where the costs in excess of that amount are funded by the district exclusively from sources other than any state program administered by the board. For each project, the total costs of the modernization or renovation project, as supplemented pursuant to this section, may not exceed 50 percent of the replacement cost of the existing structure except to the extent of those costs funded by the district, from sources other than any state program administered by the board, that are expended to conform that structure to current building standards, in which event the total costs of the project may not exceed 75 percent of the replacement cost of the structure. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  120. 17022.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may not approve new school facilities unless it first determines the applicant will use existing facilities and sites as much as is economically and practically feasible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17022. Except as provided in Section 17041, the board shall not approve any new school facilities for any applicant school district or county superintendent of schools until it first has made a determination that the applicant will utilize all existing facilities and sites to the extent economically and practically feasible. The board may also require the applicant to explore cooperative efforts with adjacent districts or, in the case of county superintendents of schools, with adjacent county superintendents of schools, in order that all existing or planned facilities in the general area of need shall be utilized. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  121. 17022.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Funding for approved school district reconstruction projects must include specified components, but the total funding cannot exceed the project cost or 75% of replacement cost, whichever is less.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17022.7. (a) The funding for any reconstruction project approved by the board pursuant to this chapter that meets the requirements set forth in subdivision (b) shall include all of the following, not to exceed the total cost of the reconstruction project or 75 percent of the replacement cost of the facility to be reconstructed, whichever is less: (1) Twenty-five percent of the replacement cost of the facility. (2) A funding entitlement to the extent that the reconstruction will result in an increased capacity of the facility to house pupils, calculated pursuant to the cost standards for new construction established by the board under Section 17017. (3) Any costs incurred by the district as required to ensure that the facility, as reconstructed, complies with applicable structural safety standards for school buildings pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) of Chapter 2 of Part 10.5, and Article 7 (commencing with Section 81130) and Article 8 (commencing with Section 81160) of Chapter 1 of Part 49. (b) In order to qualify for the funding entitlement set forth in subdivision (a), a school district reconstruction project shall be required to meet all of the following conditions: (1) The facility to be reconstructed is at least 30 years old as of the date the application is filed. (2) The cost of the reconstruction project exceeds 25 percent of the replacement cost of the facility. (3) The reconstruction will result in an increased capacity of the facility to house pupils. (c) No reconstruction project shall be approved under this chapter for which the total cost exceeds 75 percent of the replacement cost of the facility to be reconstructed. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  122. 17023.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section says the chapter does not change the powers and duties of the Department of Education or the Department of General Services regarding schoolsites and school building construction.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17023. Nothing contained in this chapter shall be construed as changing the powers and duties of the Department of Education or the Department of General Services in respect to schoolsites and the construction of school buildings as contained in Chapter 1 (commencing with Section 17211) and Chapter 2 (commencing with Section 17251) of Part 10.5. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  123. 17024.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may not approve certain schoolsite or construction lease-purchase projects unless the district has written approval from the State Department of Education. Self-certifying districts must certify compliance, keep documentation, and may be audited; material inaccuracies can trigger notice, repayment, and a temporary loss of self-certifying authority.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17024. (a) The board shall not authorize the selection of any schoolsite, or a contract for the construction of any new school building, or for any addition to, or alteration of, any existing building, for lease-purchase to any school district, unless the applicant district has obtained the written approval of the State Department of Education that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251. (b) A self-certifying district shall comply with subdivision (a) by certifying to the State Department of Education and the board that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251. The self-certifying district shall maintain documentation of the determinations made pursuant to this subdivision as required by the board. Those determinations shall be subject to subsequent audit by the State Department of Education in accordance with this section. (c) The State Department of Education shall conduct random audits of the information certified by self-certifying districts pursuant to subdivision (b), using generally accepted auditing principles, at any time to ensure compliance with the law. (d) If any information certified by a self-certifying district pursuant to subdivision (b) is found by the department to contain any material inaccuracy, the department shall so notify the board. The board shall thereupon impose both of the following penalties: (1) Pursuant to a repayment schedule approved by the board of no more than five years, the district shall repay to the board, for deposit in the State School Building Lease-Purchase Fund, an amount equal to the amount of project funding allocated under this chapter to acquire any site that was selected in material violation of the standards adopted by the department pursuant to subdivision (b) of Section 17251, together with interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. The amount of any repayment owing under this paragraph for any fiscal year, which is not repaid otherwise by the district, shall be withheld by the board from any project funding that otherwise would be allocated to that district under this chapter in that fiscal year. As to any repayment obligation remaining for that fiscal year, the board shall notify the Superintendent of Public Instruction, who shall withhold the amount of that remaining obligation from the apportionments to be made to the district from the State School Fund in that fiscal year. (2) The board shall prohibit the district from exercising the self-certifying authority under subdivision (b) under any subsequent applications for project funding for a period of up to five years following the date of the finding of a material inaccuracy, or until the district’s repayment of the entire amount owing under paragraph (1), whichever occurs later. (e) Any school district against which the board imposed the penalties under paragraphs (1) and (2) of subdivision (d) may submit for binding determination by an arbitrator the issue of whether the penalties imposed are disproportionate to the inaccuracy certified by the district. Except as otherwise provided by this chapter, the procedure governing the arbitration shall be as set forth in Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (f) It is the intent of the Legislature that audits as described in this section not interfere with the application and construction process under this chapter unless one or more violations are discovered. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  124. 17024.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If a school district requests it, the State Department of Education must provide assistance on evaluating and using existing school facilities and on showing the need for schoolsites, new facilities, and replacing or rehabilitating existing facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17024.5. Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities and the justification of the need for schoolsites, new facilities, and the rehabilitation or replacement of existing facilities, in accordance with board regulations. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  125. 17025.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may not authorize certain school construction lease-purchase contracts unless the applicant district has submitted plans to the Department of General Services and obtained written approval.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17025. (a) The board shall not authorize a contract for the construction of any new school, or for the addition to, or reconstruction or alteration of, any existing building, for lease-purchase to any school district unless the applicant district has submitted plans therefor to the Department of General Services and obtained the written approval of the department pursuant to Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. (b) The board, or the self-certifying district, as applicable, shall certify the compliance of a project with Sections 17212, 17212.5, and 17213, with Division 13 (commencing with Section 21000) of the Public Resources Code, and with any other law that applies to that project, but may require documentation of compliance only as to requirements that are applicable under this chapter. Notwithstanding any other law, for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, the applicant district shall be deemed to be the “lead agency” with regard to any project funded for that district under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  126. 17029.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must authorize the applicant school district to act as its agent for approved project tasks, and it may use or replace submitted appraisal results under the section’s conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17029. (a) The board shall authorize the applicant school district to act as its agent in the performance of acts specifically approved by the board and all acts required pursuant to Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. That authorization shall include, but is not limited to, the selection of schoolsites, the securing of appraisals, the contracting for architectural services, the advertisement for construction bids and the entering into of contracts therefor and the purchase of furniture and equipment. (b) If, pursuant to the authority granted under subdivision (a), a self-certifying district submits to the board two or more independent appraisals and certifies to the board that the appraisals were performed by appraisers licensed or certified in accordance with Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code and were obtained in accordance with standards and procedures imposed by the board for that purpose, the district shall not be required to document its compliance with those standards and procedures except as specified in Section 17041.2. In addition, the board shall use any of those appraisals, including an appraisal that is not the highest bid appraisal, for the purposes of this section, except that the board may substitute, for the results of those appraisals, the results of one or more independent appraisals, which may include an appraisal performed by the Department of General Services, obtained by the board for that purpose. (c) If, pursuant to the authority granted under subdivision (a), any bid reported to the board by a self-certifying district as the lowest responsible bid for a construction contract does not exceed the cost limit established by the board for that purpose, and the district certifies to the board that the bid was obtained in accordance with standards and procedures imposed by the board for that purpose, the district shall not be required to document its compliance with those standards and procedures except as specified in Section 17041.2. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  127. 17029.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Board funding of school-district contracts does not, by itself, make the board liable for damages; the school district remains liable for its own torts and contract breaches.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17029.5. Notwithstanding any other provisions of this chapter, the funding by the board of contracts entered into by a school district pursuant to this chapter shall not, in itself, make the board liable for any tort, breach of contract, or any other action for damages caused by a school district arising from those contracts. These contracts include, but are not limited to, contracts between the school district and its construction contractors, construction managers, architects, or engineers. The school district shall be liable for all torts, breaches of contract, or any other actions for damages caused by the school district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  128. 1703.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may employ qualified personnel for listed coordination and service functions, but only with county board approval and under regulations the Superintendent may adopt.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1703. The county superintendent of schools may, with the approval of the county board of education and in accordance with regulations of the Superintendent that the Superintendent is authorized to adopt, employ qualified personnel to provide for the coordination of courses of study, guidance services, health services, school library services, special education, and attendance activities among the school districts under the county superintendent’s jurisdiction. The regulations of the Superintendent adopted pursuant to this section shall be adopted with the advice of an advisory committee to include county superintendents of schools, which the Superintendent may by this provision appoint. (Amended by Stats. 2021, Ch. 666, Sec. 1. (AB 486) Effective January 1, 2022.)
  129. 17030.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    When a school district spends project funds under this chapter, it acts as an agent of the state, and the Director of General Services must file or issue certain property-related certificates, releases, or disclaimers.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17030. (a) In expending funds for any project under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, altered or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state. (b) The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall, as to any party thereafter acquiring real property or any interest therein in the county from the school district, have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. That effect shall commence upon recordation and shall continue until the certificate is discharged or released as provided herein. (c) Upon request, the Director of General Services shall issue either of the following: (1) A release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under Section 17039, provided that delivery of such release may be subject to such conditions as may be prescribed by the board to protect the state’s interest. (2) A disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under the terms of Section 17039, provided that the delivery of such disclaimer may be subject to such conditions as the board deems appropriate to protect the interest of the state, including conditions relating to the amount of consideration to be received from the disposition where the board asserts an interest in the proceeds of such disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder. (d) Upon payment by the district of all amounts required to be paid by it, or on its behalf, to the state under this chapter, each of the following shall occur: (1) The Director of General Services shall file with the county recorder a release of any certificate, which release shall be recorded and indexed in the same index as the certificate. (2) The title to personal property purchased by the school district with funds apportioned under this chapter shall revert thereto without further action by the state. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  130. 17030.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Lease agreements covered by this section end 40 years after execution, and the property title returns to the district.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17030.2. Notwithstanding any other provision to the contrary, all lease agreements shall terminate 40 years from the date of execution and title to the property covered therein shall revert to the district as though full payment had been made. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  131. 17030.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A funded project that only identifies, assesses, or abates hazardous asbestos in school facilities is exempt from Section 17014 and Section 17032, and that funding does not transfer title or any other property interest to the state.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17030.3. Notwithstanding any other provision of this chapter, any project funded under this chapter that involves only the identification, assessment, or abatement of hazardous asbestos in school facilities shall not be subject to Section 17014 or 17032, nor shall that funding cause the transfer to the state of title or any other property interest in the subject facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  132. 17030.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Funds authorized for this chapter may not be spent unless the board or its designated representatives specifically authorize the spending.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17030.5. Notwithstanding any provision to the contrary, no funds authorized by any act for the purpose of this chapter may be expended for any purpose without specific authorization from the board or its designated representatives. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  133. 17030.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must make available necessary amounts from the State School Building Lease-Purchase Fund to the Director of General Services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17030.6. From any moneys in the State School Building Lease-Purchase Fund, the board shall make available to the Director of General Services such amounts as it determines necessary to provide the assistance, pursuant to this chapter, required by Section 15504 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  134. 17031.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The applicant district must comply with all laws that apply to construction work on school buildings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17031. The applicant district, acting as agent for the state, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to school buildings. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  135. 17032.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set rents for acquired projects and may adjust them when needed, but annual rents cannot exceed the listed cap.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17032. The board shall fix rents for all projects acquired and may change the rents from time to time as may be needed provided the rents shall not in any year exceed the sum of the following: (a) One dollar ($1). (b) Any interest earned on funds in the county school lease-purchase fund for the district. (c) Any unencumbered bond funds of the district, exclusive of funds that are used by the district to fund a project pursuant to Section 17040.2. (d) The net proceeds from the sale or lease of any school buildings or land no longer needed for school purposes, exclusive of proceeds that are used for capital outlay expenditures for school construction that conforms to building area standards established under this chapter, for revenue purposes under a joint venture as authorized by Section 17032.3. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  136. 17032.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A qualifying school district may use surplus school property in a joint venture to generate revenue for school facilities, but only after preparing an asset utilization plan and getting State Allocation Board review and approval.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17032.3. (a) Any school district for which one or more projects has been funded under this chapter may, pursuant to written agreement with any other public or private person or entity, utilize any school buildings, land, or other real property interest that the governing board determines is not needed for school purposes, and will not be needed for school purposes within the next 30 years, in a joint venture with that person or entity to generate revenues for school facilities purposes, pursuant to the following conditions: (1) The district has developed a school district asset utilization plan, setting forth the information required under subdivision (b), which plan has been the subject of a public hearing, and the governing board of the district has made the finding that the implementation of the plan will benefit the district. (2) Prior to the execution by the school district governing board of any agreement regarding the utilization of the school buildings or land, or both, under a joint venture pursuant to this section, the school district asset utilization plan has been submitted for, and has received, the review and approval of the State Allocation Board. No later than 90 days after the receipt of the plan, the board shall determine whether to approve the plan, which approval shall be granted if the board finds the plan to comply with this section. (3) Once every three years after the approval of any plan pursuant to paragraph (2), the school district shall update the plan with information regarding the disposition of the revenues received by the district from the utilization of the school buildings or land, or both, under the joint venture, including the effect of those revenues upon the school facility needs for which the district may otherwise be eligible under this chapter or under any other school facilities program administered by the board, together with such other information as the board may require, and shall resubmit the plan to the board for its review and approval. In the event that the board refuses to approve the plan on the basis that the district is no longer in substantial compliance with this section, the surplus school buildings or land, or both, utilized under the joint venture shall no longer be exempt from the rental requirements of Section 17032. (4) Pursuant to a school district asset utilization plan approved under this section, the school district may utilize school buildings or land, or both, in a joint venture, the revenues from which shall be placed by the district in a separate fund. The principal and interest from that separate fund may be expended by the district only for the following school facilities purposes, as authorized under the approved plan, in accordance with the pupil loading and cost standards established pursuant to this chapter: the acquisition of land, new construction, reconstruction, modernization, rehabilitation, and deferred maintenance. (b) For purposes of this section, a school district asset utilization plan shall include, but not necessarily be limited to, all of the following: (1) A specific description of the surplus school buildings or land, or both, to be utilized under the joint venture. (2) The identification of the current educational uses of the surplus school buildings or land, or both, and of the educational uses proposed under the joint venture. (3) The identification of the current noneducational uses of the surplus school buildings or land, or both, and of the noneducational uses proposed under the joint venture, and a specific assessment of the compatibility of those uses with any applicable general or specific governmental land use plans and with applicable zoning restrictions. (4) A description of the prospective economic benefits to be derived by the district from the joint venture. (5) A description of the prospective educational benefits to be derived by the district from the joint venture. (6) A comprehensive description of the joint venture, including, but not limited to, a description of the intended means of financing the joint venture. (7) A plan for the disposition of the revenues received by the district from the joint venture. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  137. 17032.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must set the annual rent and conditions for certain portable classroom leases, and lessees must handle the required maintenance and related costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17032.5. (a) The board shall establish the annual rent and conditions to be met by the lessee of a portable classroom leased pursuant to Section 17717.2 and shall require lessees to undertake all necessary maintenance, repairs, renewals, and replacements to ensure that a project is at all times kept in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the lessee. (b) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002. (Amended by Stats. 2004, Ch. 900, Sec. 5. Effective September 29, 2004.)
  138. 17033.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may refund rent, charges, and fees that were collected in error, following regulations it prescribes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17033. Rent, charges, and fees collected in error may be refunded by the board in accordance with regulations prescribed by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  139. 17034.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A county school lease-purchase fund is created in each county treasury for each school district project in the county.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17034. A county school lease-purchase fund is hereby created in the county treasury within each county for each school district project in the county. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  140. 17035.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may authorize the Controller to transfer needed funds from a project’s State School Building Lease-Purchase Fund to the matching county school lease-purchase fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17035. The board may from time to time authorize the Controller to transfer any funds that the board may deem necessary from the State School Building Lease-Purchase Fund established for a given project to the corresponding county school lease-purchase fund in the county treasury. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  141. 17036.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The applicant school district may use county school lease-purchase fund money only if the board specifically authorizes it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17036. (a) Except as provided in subdivision (b), funds may be expended from the county school lease-purchase fund by the applicant school district only when specifically authorized by the board for either direct project costs or reimbursements. (b) Upon specific authorization by the board, applicant school districts may be reimbursed from the county school lease-purchase fund for expenditures, or commitments therefor, made prior to the approval of a project by the board, subject to all of the following conditions: (1) The expenditures or commitments were made in accordance with the terms of the approval of a project. (2) The expenditures or commitments were made not more than four years prior to the approval of a project. (3) The expenditures or commitments do not include any cost incurred for construction of a project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  142. 17037.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may use remaining funds, including interest, in a county school lease-purchase fund for capital outlay expenditures for school construction if the funds remain in the fund on or after January 1, 2026.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17037. Any remaining funds, including any interest earned on those funds, in a county school lease-purchase fund for a school district that remains in the fund on and after January 1, 2026, shall not be reported or returned to the state and may be used by the school district for capital outlay expenditures for school construction. (Added by Stats. 2025, Ch. 8, Sec. 12. (AB 121) Effective June 27, 2025.)
  143. 17038.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must require school districts to insure certain state-owned school sites, equipment, and buildings at their own expense, and insurance claim payments go to the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17038. The board shall require school districts to insure at their own expense for the benefit of the state, all sites, equipment and buildings which are, under Section 17030, the property of the state, against such risks and in such amounts as the board may deem necessary to protect the interests of the state. No project funds shall be used to pay the premiums on such insurance. All payments resulting from claims made against said insurance shall be made payable to and retained by the board. Funds so received shall be utilized by the board for repair or replacement of the facilities for which claim was made. In no event may the amounts expended from such funds for such repair or replacement exceed the payments received. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  144. 17039.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Up to $150 million may be reserved for reconstructing or modernizing facilities, and the State Allocation Board must create a separate priority system for those projects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17039. (a) Not more than one hundred fifty million dollars ($150,000,000) of the moneys authorized by the State School Building Lease-Purchase Bond Law of 1982 (Sec. 34, Ch. 552, Stats. 1995) shall be reserved for the reconstruction or modernization of facilities within the meaning of this chapter. (b) For purposes of this section, the State Allocation Board shall establish a separate priority system which shall be based on the following factors and any other factors which the board determines are appropriate: (1) Structural condition and age of the building. (2) Percentage of pupils affected in the district or attendance area. (3) Degree of utilization of eligible buildings. (4) Other building code deficiencies, such as health, safety, or electrical problems. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  145. 17039.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    No more than $200 million may be reserved from the authorized bond moneys for reconstructing or modernizing facilities covered by this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17039.1. Not more than two hundred million dollars ($200,000,000) of the moneys authorized by the State School Building Lease-Purchase Bond Law of 1982 (Sec. 34, Ch. 552, Stats. 1995) shall be reserved for the reconstruction or modernization of facilities within the meaning of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  146. 17039.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may reserve limited bond funds for school apportionments and related site acquisition and construction.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 2. Projects [17010 - 17039.2] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17039.2. Of the moneys reserved for the rehabilitation or modernization of facilities pursuant to Section 17039.1, the board may reserve not more than twenty-five million dollars ($25,000,000) for apportionments to school districts that the board has determined to be in severe need of the apportionment. In addition, of the moneys reserved for the reconstruction or modernization of facilities pursuant to Section 17696.96 of the Greene-Hughes School Building Lease-Purchase Bond Law of 1986 (Sec. 34, Ch. 552, Stats. 1995), the board may reserve up to and including 10 percent for this purpose. In either event, the apportionment shall be for purposes of site acquisition and the construction of school facilities for schoolsites that meet one or more of the conditions established by the board, which shall include, but are not limited to, the following: (a) The schoolsite is not less than 30 years of age. (b) The schoolsite has accommodated a significant increase in enrollment during the last 10-year period. (c) Enrollment increases have been accommodated by placing relocatable structures on the schoolsite without expanding the schoolsite. (d) The schoolsite has inadequate playground space for its enrollment. (e) The schoolsite has inadequate meal facilities, and those facilities are used for more than three times the number of pupils for which the facilities were originally designed. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  147. 1704.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Most people performing the listed services must hold a valid administrative credential, except certain advisory, clerical, accounting, and stenographic services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [1700 - 1704] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 1704. The services described in Section 1703 shall, except in advisory services in school business administration activities, clerical, accounting, and stenographic services, be performed by persons who hold a valid credential, or a life diploma based thereon, authorizing administrative services. Any person who is, and continuously since September 7, 1955, has been, employed in the office of a county superintendent of schools and is performing any of the services described in Sections 1703 and 1704 may continue to perform such services without possessing the credential otherwise required as long as he remains continuously employed in his position. (Enacted by Stats. 1976, Ch. 1010.)
  148. 17040.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school project cannot be approved if its building area would exceed the maximum area allowed by the referenced sections, except as provided in Section 17041.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040. Except as provided in Section 17041, no project shall be approved, the building area of which, when added to the area of adequate school construction existing in the applicant school district at the time of application, will provide a total area of school building construction per unit of estimated average daily attendance in excess of that computed in accordance with Sections 17043, 17044, 17045, and 17046. As used in Sections 17041.5, 17043, 17044, 17045, and 17046, “maximum area” means maximum area of school building construction and “attendance unit” means unit of estimated average daily attendance. As used in this section and Sections 17045 and 17046, “attendance center” means a school maintained or to be maintained at a given location within a district. Enrollment projections shall be made for the third fiscal year beyond the fiscal year in which the application is made for a project for kindergarten or any of grades 1 to 6, inclusive, and for the fourth fiscal year beyond the fiscal year in which the application is made for a junior high school or high school project. Except as otherwise provided by the board, the estimates of average daily attendance shall be based upon the number of family dwellings and mobilehome parks, as defined in Section 18214 of the Health and Safety Code, under construction or newly constructed and never occupied in the district and the number of children residing in the district. In no case shall an estimate be given effect unless approved by the board. For the purposes of this chapter, pupils attending grades 7 and 8 in an elementary district, but residing in a high school district that maintains one or more junior high schools, shall not be considered in determining or estimating the average daily attendance of the elementary district, unless one of the following conditions is met: (a) The elementary district is maintaining and has continuously maintained grades 7 and 8 since a date prior to January 1, 1975. (b) The elementary district, by a vote of the electorate at an election held on June 2, 1981, withdrew its 7th and 8th grade pupils from the high school district. (c) The elementary district, by a vote of the electorate at an election held on November 4, 1980, withdrew its 7th and 8th grade pupils from the high school district and the high school district continues to qualify for a project, other than a project pursuant to Section 17041, on the basis of the remaining 7th and 8th grade pupils. In no event shall a facility be constructed for the withdrawn 7th and 8th grade pupils at a distance less than one and one-half miles from the nearest proposed or existing junior high facility. When these pupils are so considered in determining or estimating the average daily attendance of the elementary district, they shall not be considered in determining or estimating average daily attendance of the high school district for junior high school purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  149. 17040.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    An applicant school district may increase allowable project building area or maximum building cost if the increase is funded from specified non-state or district sources and stays within stated limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.1. (a) The allowable building area of any project, as calculated under this article, may be increased by any applicant school district, where the increase is funded exclusively from sources other than any state programs administered by the State Allocation Board. Any increase in building area pursuant to this section in a project for which construction commenced on or after January 1, 1987, not to exceed 110 percent of the area that would be allowed under applicable state standards, shall be excluded from the calculation of the area of adequate school construction for the purposes of all subsequent project applications by the district under this chapter. (b) The maximum building cost permitted for any project under this article may be increased, by not more than 10 percent, by any applicant school district, where the increase is funded by the district exclusively from the proceeds of a general obligation bond measure approved by the voters of the district or of a special tax pursuant to the formation of a community facilities district under Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, or both. In order to qualify for this purpose, any tax or other charge authorized pursuant to that approval or formation, respectively, shall apply uniformly to all taxpayers or all real property within the school district, rather than to a particular class of property or taxpayers, and shall require that the amount of the school facilities fee or other requirement that may be levied by the school district pursuant to Section 17620, in addition to that tax or other charge, not exceed the amount deemed by the governing board to be necessary for the interim school facilities needs of the district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  150. 17040.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If the applicant district funds at least 75% of a project’s total cost from non-state sources, certain allowances increase.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.2. Where 75 percent or more of the total cost of a project approved under this chapter is to be funded by the applicant district from sources other than any state program administered by the board, the area of the allowable new building construction for that project, and the amount of the building cost allowed for that project under this chapter, shall each be increased by 5 percent, plus 1 percent for each 1 percent by which that local contribution exceeds 75 percent. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  151. 17040.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section lets an applicant school district use a longer attendance-estimate period for certain projects, fast-tracks the project funding process, requires post-completion adjustment payments if needed, and can stop applying if contracts are not completed within 18 months unless the board grants up to a 6-month extension.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.3. (a) Notwithstanding any other provision of this part, the estimate of average daily attendance for an applicant school district shall be calculated for up to and including two years longer than the period of time permitted by Section 17040, as requested by the district, where 50 percent or more of the cost of the project is provided by the district from funding sources other than any state program administered by the board. For the purposes of any subsequent project application from that district based upon additional growth in pupil enrollment, the estimate of average daily attendance shall be based on enrollment projections for any period of time, as requested by the district, up to and including that permitted by Section 17040. (b) The project shall be “fast tracked.” For purposes of this section, “fast tracking” means that the total amount of project funding eligibility shall be established upon the board’s approval of the project, which shall be subsequently disbursed as necessary for the development and construction of the project without the prerequisite of any additional state certification or other state-conducted review of project eligibility. Based upon the results of an audit to be conducted upon completion of the project, the board or the applicant district, as appropriate, shall pay to the other any amount that is necessary to conform to the allocation of project costs determined upon the board’s approval of the project. In the event that the applicant district has not executed all contractual agreements necessary for the complete construction of the project within a period of 18 months following the board’s approval of the project, this subdivision shall cease to apply to the project with regard to any state funding of the project not yet disbursed. Upon request of the applicant district and approval by the board, this 18-month period may be extended for an additional period of up to six months to account for one or more delays resulting from circumstances beyond the district’s control. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  152. 17040.4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may use a district-prepared master plan to estimate average daily attendance for an applicant school district if specified local funding conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.4. Notwithstanding any other provision of this part, the board may use, for purposes of determining the estimate of average daily attendance for an applicant school district, a master plan that has been prepared by a district that includes the additional pupils due to increases in housing units within the boundaries of the district or attendance area. Before a master plan may be used, both of the following conditions shall be satisfied: (a) The city, county, or city and county has obtained approval of a local general obligation bond or has obtained funds pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth by Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, to provide local matching funds for school facility projects for which approval is being sought pursuant to this section. (b) At least 60 percent of the total cost of the project for which approval is being sought shall be provided by funding sources other than any state program administered by the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  153. 17040.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must exclude enclosed stairs and the appropriate landings from the allowable building area calculation for multistory buildings for any applicant school district.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.5. Notwithstanding any other provision of this article, the board shall exclude the area of enclosed stairs and appropriate landings for each floor level served from the computation of the allowable building area of multistory buildings for any applicant school district. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  154. 17040.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For certain school projects with two or more stories, funding must cover listed multistory-related costs if the applicant district asks for them, and the district must give the board information about how supplemental funding will be allocated.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.6. (a) For any school of two or more stories, the project funding provided under this chapter shall include, at the request of the applicant district, the costs of any or all of the following: (1) Compliance with applicable requirements of law for fire safety, and for handicapped access, as a result of the multistory design. (2) Playground apparatus. (3) Duct shafts, utility tunnels, and pipe conduit chases. (4) Security items required as a result of the multistory design. (b) In calculating the maximum project funding that may be allocated for parking, landscaping, and other general schoolsite improvements, which calculation is determined in proportion to the total building cost or area approved for funding under the project, the total building cost or area approved for funding under the project shall be computed by the board to include any increase in project building area, as authorized under Section 17041.8. The applicant district shall provide the board information on how the supplemental project funding will be allocated to relieve the effects resulting from less than the specified land area for the schoolsite. (c) This section shall apply to any application for project funding under this chapter for which the final apportionment for construction of the project had not been made on or prior to December 1, 1987. (d) For any project approved under this chapter, the amount of project funding granted by the board shall include the actual and reasonable costs incurred by any applicant district for the revision of its project application for the purpose of qualifying for supplemental project funding as authorized by this section. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  155. 17040.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must count enclosed hallway area in a second or higher story as two-thirds of the actual area.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.7. Notwithstanding any other provision of this article, the board shall provide that building area for enclosed hallways in the second or higher story of any building shall be counted as two-thirds of the actual area. For purposes of this section “enclosed hallways” includes, but is not limited to, all of the following: (a) Covered passages, arcades, shelters, porches, and planting areas. (b) Enclosed covered areas that provide shelter between buildings that are 20 feet or more apart. (c) Sun control devices designed and located to function in lieu of covered walks or other shelters. (d) Mezzanines used for storage purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  156. 17040.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If an eligible applicant district is funding new school construction on an existing schoolsite with less than 50% of the recommended land, the allowable new building area must be increased by the square footage of one-story school facilities being replaced by multistory facilities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.8. Where an applicant district that is eligible under this chapter for project funding of new construction of school facilities on an existing schoolsite, which site has less than 50 percent of the land recommended under State Department of Education guidelines, as published in the School Site Analysis and Development Handbook in effect on January 1, 1987, the area of allowable new building construction for that project shall be increased by the square footage of any existing one-story school facility or facilities to be replaced under the project by one or more multistory school facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  157. 17040.9.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must give supplemental project funding to qualifying school projects when pupil density is above the stated thresholds, and the funding amount is calculated by a formula based on actual density and land cost.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17040.9. (a) (1) The board shall allocate the amount calculated under subdivision (b), in addition to any other project funding authorized under this chapter, to each project funded under this chapter for which the resulting pupil density will exceed the following: (A) For a project for kindergarten or any of the grades 1 to 6, inclusive, 90 pupils per acre. (B) For a project for a junior high school project, 80 pupils per acre. (C) For a project for a senior high school project, 70 pupils per acre. (2) For any new construction project, pupil density shall be computed, for purposes of paragraph (1), by dividing the number of units of estimated average daily attendance for the project, including those to be served by relocatable structures, by the acreage of the project site. (3) For any project for the construction of additional facility space on an existing schoolsite or on land acquired that is adjacent to an existing schoolsite, pupil density shall be computed, for purposes of paragraph (1), by adding the number of units of estimated average daily attendance for the project to the number of units of average daily attendance for the existing school facilities, and dividing that sum by the total site acreage for the project and the existing school facilities. (b) The supplemental project funding authorized under this section shall be calculated by dividing the actual pupil density for the project, as calculated under subdivision (a), by the threshold pupil density for the project as set forth in that subdivision, and multiplying the resulting fraction by an amount equal to the average cost per acre of the land approved for acquisition by the board under this chapter for the project, or that would have been approved for acquisition if the applicant school district had not had an existing schoolsite available for the project. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  158. 17041.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    In certain attendance areas, the allowable building area may be computed separately for each attendance area.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041. Whenever the area of adequate school construction existing in any attendance area is such as to prevent another attendance area from receiving the maximum area of school construction for each unit of attendance as specified for the district as a whole, the allowable building area may be computed separately for each attendance area. For the purposes of this section and Section 17041.5, an “attendance area” is defined as the geographical area serving an existing or proposed high school and those junior high schools and elementary schools included therein. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  159. 17041.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Self-certifying districts must make and certify certain project-funding determinations, keep supporting documentation, and follow board standards; the board must assist on request and notify the district of identified inaccuracies within 30 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041.1. (a) Notwithstanding any other provision of this chapter, the following determinations shall be made by a self-certifying district, in the manner specified in this chapter and in accordance with the standards governing those determinations that are adopted by the board, for the purpose of calculating the district’s eligibility for project funding under this chapter: (1) The total allowable building area for which the district is eligible for project funding under this chapter. (2) The district’s area of existing adequate school construction, including, but not limited to, the conducting of field inspections for this purpose. If requested by the applicant district, the board shall provide assistance to the district in preparing the necessary documents for self-certification pursuant to this chapter. (b) The area determinations made by a self-certifying district pursuant to subdivision (a) shall be certified by the district in its application for project funding and shall be used by the board as the basis for project funding eligibility, except to the extent of any information that the board finds is demonstrated, pursuant to the information certified and any other documentation available to the board from prior project funding applications for that district, to be materially inaccurate, regardless of whether the inaccuracy was intended. No later than 30 calendar days after receipt of the determinations certified pursuant to subdivision (a), the board shall notify the district of any inaccuracies identified under this subdivision. (c) Each self-certifying district shall maintain documentation of the determinations described in subdivision (a) as required by the board. Those determinations shall be subject to subsequent audit as the board may direct. (d) All estimates of average daily attendance for a self-certifying district for the purposes of this article shall be made by the district in accordance with the standards governing those estimates that are adopted by the board. Each determination made by a self-certifying district pursuant to this subdivision shall be reviewed for accuracy by the board or by the county office of education in the county in which the district is located. In the event that the review is performed by the board, that review shall be completed no later than 45 calendar days subsequent to the board’s receipt from the district of all documentation necessary for that purpose. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  160. 17041.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board must audit self-certifying districts’ certified information, and if it finds a material inaccuracy, penalties and repayment rules apply.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041.2. (a) The State Allocation Board shall conduct random audits of the information certified by self-certifying districts pursuant to this chapter, except as to any determinations that are made under subdivision (d) of Section 17041.1 or that are subject to audit by the State Department of Education pursuant to Section 17024, using generally accepted auditing principles, at any time to ensure compliance with the law. (b) If any information submitted by a self-certifying district in its certification of funding eligibility for any project is found by the board to contain any material inaccuracy, any building area constructed as a result, in excess of the building area to which the district was entitled for purposes of that project, shall be included in the calculation of the area of adequate school construction for the purposes of all subsequent project applications by the district under this chapter. In addition, the board shall impose both of the following penalties: (1) Pursuant to a repayment schedule approved by the board, the district shall repay to the board of no more than five years, for deposit in the State School Building Lease-Purchase Fund, an amount equal to the amount of project funding allocated under this chapter to construct that excess building area, together with interest at the rate paid on moneys in the Pooled Money Investment Account or at the highest rate of interest for the most recent issue of state general obligation bonds as established pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, whichever is greater. The amount of any repayment owing under this paragraph for any fiscal year, which is not repaid otherwise by the district, shall be withheld by the board from any project funding that otherwise would be allocated to that district under this chapter in that fiscal year. As to any repayment obligation remaining for that fiscal year, the board shall notify the Superintendent of Public Instruction, who shall withhold the amount of that remaining obligation from the apportionments to be made to the district from the State School Fund in that fiscal year. (2) The information that otherwise may be certified under this chapter by a self-certifying district shall be made by the board under any subsequent applications for project funding, rather than by the applicant district, for a period of up to five years following the date of the finding of a material inaccuracy, or until the district’s repayment of the entire amount owing under paragraph (1), whichever occurs later. (c) Any school district against which the board imposes the penalties under paragraphs (1) and (2) of subdivision (b) may submit for binding determination by an arbitrator the issue of whether the penalties imposed are disproportionate to the inaccuracy certified by the district. Except as otherwise provided by this chapter, the procedure governing the arbitration shall be as set forth in Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. (d) It is the intent of the Legislature that audits as described in this section not interfere with the application and construction process under this chapter unless one or more violations are discovered. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  161. 17041.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For certain school construction projects, allowable building area may be calculated using two or more adjacent high school attendance areas instead of the standard method.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041.3. For the purposes of Sections 17041 and 17041.5, allowable building area may be computed, in the alternative to the methods prescribed by Section 17041, for any combination of two or more adjacent high school attendance areas pursuant to the following conditions: (a) The project to be funded is for the construction of a high school, junior high school, or elementary school located or to be located in any of those high school attendance areas. (b) The high school, junior high school, or elementary school to be constructed is to serve pupils residing in each of those high school attendance areas. (c) The combined computation of allowable building area reflects the allowable building area to which each of the high school attendance areas would otherwise be entitled, reflecting the proportion of projected pupil enrollment in the school to be constructed, as calculated under this chapter, from each of those attendance areas. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  162. 17041.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If allowable building area is computed separately by attendance area, the board must include proposed district administration and maintenance facilities in the maximum-area calculation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041.5. (a) Whenever the area of adequate school construction existing in an attendance area is less than the maximum area computed for that attendance area, any portion of the remaining computed allowable building area may be used for the construction of district administration and maintenance facilities. (b) If the allowable building area is computed separately by attendance area, the board shall include within the computation of the maximum area for that attendance area the proposed building area of a project for the construction of district administration and maintenance facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  163. 17041.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must give first priority to applicant districts seeking additional classrooms, before funding districts seeking administration and maintenance facilities, when allocating school facilities construction funds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041.6. The board shall, in allocating funds for school facilities construction pursuant to this chapter, give first priority to applicant districts proposing additional classrooms within their maximum allowable building area before allocating funds to applicant districts proposing administration and maintenance facilities. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  164. 17041.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School districts receiving supplemental project funding must use it for the funded project and follow the section’s requirements, with some building-area and cost-standard exemptions. The total funding is capped by the lower of two calculations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17041.8. (a) Notwithstanding any other provision of law, any applicant school district that receives supplemental project funding under Sections 17040.6, 17040.7, 17040.8, and 17041.8 shall apply that funding to the purposes of the project funded, in compliance with any requirements set forth in those sections, but need not comply in that regard with the allowable building area of that project as otherwise calculated under this chapter. The expenditure of the supplemental project funds authorized under those sections is exempt from the total building cost standards applicable to the project. In addition, the increase in building area authorized under this subdivision is exempt, for purposes of any subsequent application for project funding under this chapter, from the calculation of existing adequate school construction of the district. (b) Notwithstanding any other provision of law, the total amount of supplemental project funding that an applicant district is entitled to receive under Sections 17040.6, 17040.7, 17040.8, and 17040.9 may not exceed the lesser of the following: (1) An amount equal to that calculated under subdivision (b) of Section 17040.9. (2) An amount equal to the sum of four thousand dollars ($4,000) for each of the first 500 units of estimated average daily attendance for the project, and two thousand dollars ($2,000) for each additional unit of estimated average daily attendance. The monetary rates set forth in this paragraph shall be increased annually for inflation for the prior calendar year on the basis of the cost index for class B construction as determined in the January meeting of the board. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  165. 17042.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must adopt rules to determine what counts as adequate school construction for an applicant school district, and it may make exceptions if they benefit affected pupils.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17042. (a) The board, by the adoption of rules, shall provide for the manner of determining the area of adequate school construction existing in an applicant school district at the time of application. Those rules shall define and provide for the method of determining building areas that are to be included in, in whole or in part, or to be excluded from, the area of existing adequate school construction. Any building to which Article 3 (commencing with Section 39140) of Chapter 1 of Part 23 of Division 3 of Title 2 does not apply shall not be considered adequate school construction for the purpose of determining the maximum total building area per attendance unit. The board may make exceptions to the provisions of this section, or to the rules adopted pursuant thereto, if it determines that the exception or exceptions will be for the benefit of pupils affected. (b) For the purposes of this chapter, the area of adequate school construction existing in an applicant school district does not include any of the following: (1) Any portable classroom made available to the district under Chapter 25 (commencing with Section 17785). (2) In any school operated on a year-round schedule, any building area that has been in continuous use during the preceding five-year period primarily for the operation of any preschool program or programs. (3) Any building area, not to exceed the area that is equivalent to one classroom per schoolsite, used to provide support services pursuant to Chapter 5 (commencing with Section 8800) of Part 6 or to provide integrated children’s services pursuant to Section 18986.40 of the Welfare and Institutions Code. A school shall meet the definition of a “qualifying school” under paragraph (1) of subdivision (h) of Section 8802 to qualify for this exemption from the area of adequate school construction. (4) Any classroom acquired or constructed and continuously used by the school district primarily for the purpose of reducing class size in kindergarten or in any of grades 1 to 3, inclusive, pursuant to the school district’s participation in the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28. (5) Any classroom acquired or constructed for the purpose of operating a community day school pursuant to Section 48660, if the classroom is not located on a regular elementary, middle, junior high, or senior high school site. (c) The board may make exceptions to this section, or to the rules adopted pursuant thereto, if it determines that the exception or exceptions will be for the benefit of pupils affected. (Added by Stats. 1997, Ch. 893, Sec. 86. Effective January 1, 1998.)
  166. 17042.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section tells how to count portable classrooms when measuring adequate school construction area for an applicant school district, and sets several exclusion periods and exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17042.5. (a) For purposes of determining the area of adequate school construction existing in an applicant school district pursuant to Section 17042.7, all portable classrooms, whether owned or leased, shall be included, except as otherwise provided in paragraphs (1) to (3), inclusive. (1) Leased portable classrooms acquired by a school district shall not be included in the area of existing adequate school construction until January 1, 1991. (2) Portable classrooms leased pursuant to Chapter 14 (commencing with Section 17085) shall be excluded from the area of adequate school construction. Portable classrooms obtained by an applicant district pursuant to subdivision (b) of Section 17088.5 also shall be excluded from the area of adequate school construction, except as to any portable classroom or classrooms for which the district rejected the board’s offer to purchase pursuant to that subdivision. (3) Portable classrooms that have been leased or owned by the district for 20 years or more shall be excluded from the area of adequate school construction. (4) Leased portable classrooms shall not be included in the area of adequate school construction for a period of five years from the date first leased by the district. That exclusion shall be extended by the board for one additional five-year period where the board finds that the continued use of the leased portable classrooms for classroom purposes is justified by additional growth in average daily attendance pursuant to the standards established by this part. If the board finds continued use to be no longer justified, it may extend the exclusion for a period of up to two years as necessary to maintain the eligibility of the applicant district for project funding pursuant to this chapter if the board finds that the district has made a good faith effort to obtain that funding in a timely manner. The additional five-year exclusion shall not apply to any portable classroom for which, under the lease agreement, the district is to take title, or the total consideration paid by the district for the lease and an option to purchase is determined by the board to be substantially equivalent to the cost of acquiring title. (b) For purposes of this section, “portable classroom” means a classroom building of modular design and construction that meets all of the following criteria: (1) Is designed and constructed to be relocatable and transportable over public streets. (2) Is designed and constructed for relocation without the separation of the roof or floor from the building. (3) When measured at the most exterior walls, has a floor area not in excess of 2,000 square feet. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  167. 17042.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section requires certain school construction calculations to be done using a specified formula, with limits on pupil-loading figures and an exclusion for some preschool-use teaching stations in year-round schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17042.7. (a) For any project application filed or amended on or after January 1, 1993, the area of adequate school construction existing in the applicant school district or, where appropriate, in the attendance area, at the time of application shall be calculated pursuant to the following formula: (1) Identify by grade level all teaching stations existing in the school district or, where appropriate, the attendance area, as of January 1, 1993. For the purposes of this section, “teaching station” means any space that was constructed or reconstructed to serve as an area in which to provide pupil instruction. (2) Determine the maximum pupil loading figure for each grade level pursuant to the district pupil loading standards in effect on January 1, 1993. For the purposes of this section, the “district pupil loading standards” are those pupil loading standards in effect in a school district on July 1, 1992, as a result of actions including, but not necessarily limited to, the execution of a collective bargaining agreement or the adoption of a district policy by the governing board of the school district. In no event may this figure be more than the maximum pupil loading standards established by the board, or less than three pupil units lower than those maximum pupil loading standards. (3) Multiply the figure determined under paragraph (2) for each grade level by the number of teaching stations for the particular grade level, as determined under paragraph (1). (4) Multiply the product determined under paragraph (3) by the maximum area allowance established for that grade level under this article. (5) The sum of these computations for each grade level, as determined under paragraphs (1) to (4), inclusive, shall be the total area of adequate school construction existing in the district or attendance area pursuant to this formula. (b) For purposes of this section, a school district that is participating in a class size reduction program set forth in this code, other than the Class Size Reduction Program (Ch. 6.10 (commencing with Section 52120) of Part 28), shall use the pupil loading standard established pursuant to that program. (c) The area of existing adequate school construction calculated under this section shall not include, in any school operated on a year-round schedule, any teaching station that has been in continuous use during the preceding five-year period primarily for the operation of a preschool program or programs. (Repealed and added by Stats. 1997, Ch. 893, Sec. 88. Effective January 1, 1998.)
  168. 17042.9.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may replace an eligible portable classroom with a permanent building, but only if it meets the stated conditions and keeps the new construction area within the allowed limit.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17042.9. (a) Notwithstanding any other provision of law, a school district that complies with the requirements of subdivision (b) may replace a portable classroom, as defined in Section 17742.5, that has been leased or owned by the district for 20 years or more, with a permanent building if the resulting area of new building construction is no greater than the area that would be authorized under this chapter for the lease or purchase of a portable classroom. (b) A school district that utilizes subdivision (a) shall fund its expenses incurred thereby through the issuance of general obligation bonds by the district or by the issuance of bonds pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code) or by any other financing mechanism that does not encumber the school district’s general fund. (Added by Stats. 1997, Ch. 893, Sec. 89. Effective January 1, 1998.)
  169. 17043.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Districts with 300 or more K-6 attendance units get a maximum allowance of 55 square feet per attendance unit; smaller applicant districts get an allowance set by the board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17043. (a) There shall be allowed to each district with attendance units of 300 or more in kindergarten and grades 1 to 6, inclusive, a maximum area of 55 square feet for each attendance unit of the district in kindergarten and grades 1 to 6, inclusive. (b) The maximum total building area per attendance unit allowed to applicant districts with attendance units of less than 300 in kindergarten and grades 1 to 6, inclusive, for such attendance units shall be determined by the board, and shall be building area to provide comparable facilities to those provided by subdivision (a) of this section, and shall be the least building area required to house adequately the estimated average daily attendance and the normal instructional and other services. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  170. 17044.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Each district is allowed a maximum of 75 square feet per attendance unit for grades 7 and 8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17044. There shall be allowed to each district a maximum area of 75 square feet for each attendance unit of the district in grades 7 and 8. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  171. 17045.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section sets how to calculate the maximum attendance-area allowance for junior high schools with grades 7 to 9 or 7 to 10, and excludes schools with only grades 7 and 8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17045. The maximum area allowed to a district for attendance units in junior high schools composed of grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may be, shall be determined pursuant to this section, rather than Sections 17044 and 17046. This section shall not apply to junior high schools composed of grades 7 and 8 only. The maximum area allowed for attendance units in junior high schools shall be determined by computing, in accordance with this section, the number of square feet for the attendance units at each junior high school attendance center of the district, and totaling the number of square feet so determined for all attendance units in all such junior high school attendance centers of the district. There shall be allowed a maximum area of 75 square feet for each attendance unit of the junior high school attendance center in grades 7 and 8. For each attendance unit in grade 9, or grades 9 and 10, as the case may be, at each junior high school attendance center, there shall be allowed a maximum area equal to the number of square feet which would be allowed under Section 17046 for each attendance unit of an attendance center having a total number of attendance units equal to the total number of attendance units in grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may be, at such junior high school attendance center. The number of square feet which would be allowed under Section 17046 for each attendance unit of an attendance center shall be computed by determining in accordance with that section the total number of square feet which would be allowed at an attendance center and dividing such total number of square feet by the total number of attendance units at such attendance center. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  172. 17046.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Each district is allowed a maximum building-area allowance for grades 9 to 12, calculated from attendance units at each attendance center using the table in the section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17046. There shall be allowed to each district a maximum area for the attendance units of the district in grades 9 to 12, inclusive, determined by computing, for the attendance units in grades 9 to 12, inclusive, at each attendance center of the district, a number of square feet for the number of attendance units in such grades at each attendance center, in accordance with the following table, and totaling the number of square feet so determined for all attendance units in such grades of all attendance centers of the district: Attendance units of attendance center Maximum number of square feet of building area 1-50 ........................ 18,000 51-100 ........................ 18,000 plus 162 for each attendance unit over 50 101-200 ........................ 26,100 plus 99 for each attendance unit over 100 201-300 ........................ 36,000 plus 60 for each attendance unit over 200 301-600 ........................ 42,000 plus 54 for each attendance unit over 300 601-1,800 ........................ 58,200 plus 80 for each attendance unit over 600 Over 1,800 ........................ 154,200 plus 85 for each attendance unit over 1,800 (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  173. 17046.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    For qualifying school-district projects, the allowable new building construction area is determined at 107% of the otherwise applicable amount.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17046.7. Notwithstanding any other provision of law, the determination of the area of allowable new building construction for any project for an applicant school district for which original construction commenced on or after January 1, 1987, shall be made on the basis of 107 percent of the area that would otherwise be determined for that purpose under this chapter, calculated to the nearest whole number. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  174. 17046.8.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    An applicant district’s maximum allowable building area must be reduced by a formula based on attendance units and pupil counts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17046.8. Notwithstanding any other provisions of law, the maximum allowable building area for each applicant district shall be reduced by the product of the maximum area per attendance unit calculated for each appropriate grade level and the number of pupils reported by the Superintendent of Public Instruction for that grade level pursuant to Section 42268. This reduction shall be calculated on the basis, at the district’s option, of either the district as a whole or the appropriate attendance area, as defined in Section 17041. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  175. 17047.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must negotiate and approve allowable new building area for special education facilities, with help from the Special Education Division, and may not provide a new or additional special day class facility unless the pupil threshold is met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17047. (a) The allowable new building area for the purpose of providing special day class and Resource Specialist Program facilities for special education pupils shall be negotiated and approved by the board, with any necessary assistance to be provided by the Special Education Division of the State Department of Education. The square footage allowances shall be computed within the maximum square footage set forth in the following schedule: Special Day Class Basic Need Grade Levels Load­ing* Square Footage Nonsevere Disability —Specific Learning Disability All 12 1080 —Mildly Intellectually Disabled All 12 1080 —Severe Disorder of Language All 10 1080 Severe Disability —Deaf and Hard of Hearing All 10 1080 —Visually Impaired All 10 1330 (1080 + 250 storage) —Orthopedically and Other Health Im- paired All 12 2000 (1080 + 400 toilets + 250 storage + 270 daily living skills + 3000 therapy + 750 therapy per additional classroom) —Autistic All 6 1160 (1080 + 80 toilets) —Severely Emotion- ally Disturbed All 6 1160 (1080 + 80 toilets) —Severely Intellectually Disabled Elem. 12 1750 (1080 + 400 toilets + 270 daily living skills) Secon. 2150 (1080 + 400 toilets + 270 daily living skills + 400 vocational) —Developmentally Disabled All 10 2000 (1080 + 400 toilets + 250 storage + 270 daily living skills + 3000 therapy** + 750 therapy per additional CR) —Deaf-Blind/Multi All 5 1400 (1080 + 200 storage + 150 toilets) Pupils Square Feet Resource Specialist Program for those pupils with disabling conditions whose needs have been identified by the Individualized Education Program (IEP) Team, who require special education for a portion of the day, and who are assigned to a regular classroom for a majority of the schoolday.*** All Maximum caseload for RS is 28, not all served at same time. 1–8 240 9–28 480 29–37 720 38–56 960 57–65 1200 66–85 1440 86–94 1680 95–112 1920 * Special pupils may usually be grouped without accordance to type, especially in smaller districts or where attendance zones may indicate, to maximize loadings per classroom where there are children with similar educational needs (Sec. 56364 or 56364.2, as applicable). ** Therapy add-ons not to be provided if on same site as orthopedically impaired. *** To a maximum of 4 percent of the unhoused average daily attendance of the district, per new school or addition, to a maximum of 1920 square feet. (b) The allowable new building area shall be computed by dividing the number of eligible pupils by the minimum required loading per classroom for special day classes for the type of pupils to be enrolled. No new or additional facility shall be provided for special day classes unless the number of additional eligible pupils equals one-third or more of the minimum required loading. (Amended by Stats. 2014, Ch. 327, Sec. 2. (AB 1599) Effective January 1, 2015.)
  176. 17047.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School facilities for pupils with exceptional needs must be designed and located to maximize interaction with other pupils, and school district and county education officials must ensure integration when seeking funding.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17047.5. (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) School district governing boards and county offices of education shall ensure that school facilities for pupils who are individuals with exceptional needs are integrated with other school facilities in applying for the purchase or new construction of school facilities pursuant to this chapter. (c) The State Allocation 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. (d) Notwithstanding any other law, the requirement set forth in subdivision (a) may be waived, by the Superintendent of Public Instruction, 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 of Public Instruction. (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 of Public Instruction. (4) The Superintendent of Public Instruction 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. (e) This section does not apply to any application for project funding under this chapter that meets one of the following conditions: (1) The application was submitted to the board prior to January 1, 1987, and all of the facilities under the project for use, in whole or in part, by pupils who are individuals with exceptional needs are located on a schoolsite on which facilities for use by other pupils are also located. (2) The application is for any other project, for which, prior to January 1, 1987, the board approved the drawing of final plans and the preparation of final specifications. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  177. 17047.6.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board may decide whether county superintendents of schools are eligible to lease portable classrooms, using the Superintendent of Public Instruction’s advice.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17047.6. The board, with the advice of the Superintendent of Public Instruction, may determine the eligibility of county superintendents of schools to lease portable classrooms provided that a county superintendent of schools is eligible to receive one portable classroom pursuant to this section and Section 17717.2 for each 15 units of average daily attendance at county community schools in excess of the amount of average daily attendance claimed by the county superintendent of schools in the prior fiscal year except that, for pupils who are enrolled in a county community school and on independent study, only time spent in the classroom shall be included in the calculation of average daily attendance. (Added by Stats. 1997, Ch. 893, Sec. 90. Effective January 1, 1998.)
  178. 17048.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    If an existing building is reconstructed instead of replaced under an application in this chapter, the allowed building area for the attendance units in that building increases by 5 square feet.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17048. Whenever an existing building is to be reconstructed, rather than replaced, under an application pursuant to this chapter, there shall be allowed, for those attendance units to be housed in such reconstructed building, an additional five square feet of building area beyond the amounts set forth in Section 17043, 17044, 17045, or 17046. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  179. 17049.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must require at least 30% of eligible classroom construction to use relocatable structures, but may lower or remove that requirement in specified circumstances.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17049. (a) The board shall require, as a condition of providing funding for any project under this chapter, that, for any facilities for kindergarten or any of grades 1 to 12, inclusive, or for any facilities for special education or continuation high school purposes, at least 30 percent of allowable new building construction for classrooms under the project be utilized for relocatable structures. (b) The board may reduce the percentage requirement set forth in subdivision (a), as to any applicant, in the event that the quantity of relocatable structures necessary to comply with those requirements is unavailable from the manufacturers of those structures. (c) The board may reduce or eliminate the percentage requirements set forth in subdivision (a), as to any applicant, under either of the following circumstances: (1) Where the board finds that special conditions of terrain, climate, or unavailability of space within the attendance area make the use of relocatable structures impractical or inappropriate. (2) Under the condition that, as the result of a future project for which the district receives funding under this chapter, located on the same schoolsite on which the current project is located, at least 30 percent of total building construction for classrooms on that schoolsite will be utilized for relocatable structures. (d) Relocatable structures acquired by an applicant school district up to two years preceding the final approval by the board of the project application submitted by the district shall apply to the percentage requirements set forth in subdivision (a). (e) Notwithstanding subdivision (d), relocatable structures acquired by an applicant school district up to 10 years preceding the final approval by the board of the project application submitted by the district shall apply to the percentage requirements set forth in subdivision (a) if the relocatable structures are to be situated on the site of a new school to be constructed under the project and all of the following conditions are met: (1) The relocatable structures were not previously used to satisfy the 30 percent requirement set forth in subdivision (a) under any other project constructed pursuant to this chapter. (2) The board determines that the relocatable structures are in satisfactory condition upon being moved to the new schoolsite, and are usable for classroom purposes without requiring major repair or renovation for a period of not less than 20 years subsequent to that relocation. (3) Subsequent to moving the relocatable structures to the new schoolsite, at least 30 percent of the classroom space at the schoolsite where the structures were previously located consists of relocatable structures. The cost of moving the relocatable structures to the new schoolsite shall be at the school district’s sole expense. (f) Whenever at least 10 percent of the allowable new building construction contained in an application is to be utilized for relocatable structures, an additional three square feet of building area for each pupil to be housed under the approved project shall be allowed. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  180. 17050.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A district may make a joint-use library contract and may apply for lease-purchase funding for a project with a library facility. If the board receives an application, it must evaluate it without counting library space beyond the district’s needs if the required contract is included.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17050. (a) A district may enter into a contract with the county, or other appropriate entity having responsibility for the provision of public library services, in which the district is located for the purpose of operating a joint-use library facility at a schoolsite owned by the district. (b) The district may apply for the lease-purchase of a project which includes a library facility, pursuant to Section 17017, which facility, if constructed, would be of sufficient size to accommodate the requirements of a joint-use library for which the district has entered into a contract, pursuant to subdivision (a). (c) Should the board receive an application for a project which includes space for a joint-use library, the board shall evaluate the application disregarding any space in the proposed library facility which is beyond the needs of the district, provided the application contains a copy of the contract specified in subdivision (a), and provided that the contract contains at least the following: (1) Agreement that the county or other appropriate entity shall deposit in the county school lease-purchase fund, created pursuant to Section 17034, an amount equal to the total cost of any space in the proposed library facility which is beyond the needs of the district, prior to the signing of the construction contract for the project. The deposit shall not be refundable, except to the extent that it may prove subsequently to be in excess of the actual total cost of the space which is beyond the needs of the district. (2) Agreement between the district and the county or other appropriate entity regarding staffing, maintenance, materials acquisition, and other matters related to the administration and operating costs of the joint-use facility. (3) Agreement between the district and the county or other appropriate entity regarding the procedure for amendment or termination of the contract, including the disposition of materials housed in the joint-use facility should termination of the contract occur. (d) Any space in a joint-use library which is beyond the needs of the district shall not be included by the board in any calculations made for any other purposes provided for in this article for the period of time that the contract for that joint-use facility remains in effect. Should the contract be terminated, the board shall include the additional space in any calculations made after the termination for any other purposes provided for in this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  181. 17051.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A district may make a joint-use agreement with another governmental entity, and if the board reviews a qualifying project application, it must evaluate it under the stated conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17051. (a) A district may enter into an agreement with another governmental entity that includes some or all of the territory of the district for the purpose of the joint use of park and recreation facilities, including an auditorium, or commercial or industrial facilities. (b) If the board receives an application for a project that includes some or all of the territory of the district for the purpose of the joint use of park and recreation facilities or commercial or industrial facilities, the board shall evaluate the application disregarding any space in the proposed joint-use facility that is beyond the needs of the district if the application contains a copy of the agreement specified in subdivision (a) and if the contract contains at least the following: (1) An agreement that the county or other appropriate entity shall deposit in the county school lease-purchase fund, created pursuant to Section 17034, an amount equal to the total cost of any space in the proposed joint-use facility that is beyond the needs of the district, prior to the signing of the construction contract for the project. The deposit shall not be refundable, except to the extent that it may prove subsequently to be in excess of the actual total cost of the space that is beyond the needs of the district. (2) An agreement between the district and the county or other appropriate entity regarding staffing, maintenance, materials acquisition, and other matters related to the administration and operating costs of the joint-use facility. (3) An agreement between the district and the county or other appropriate entity regarding the procedure for amendment or termination of the contract, including the disposition of materials housed in the joint-use facility should termination of the contract occur. (c) Any space in a joint-use facility that is beyond the needs of the district shall not be included by the board in any calculations made for any other purposes provided for in this article for the period of time that the contract for that joint-use facility remains in effect. If the contract is terminated, the board shall include the additional space in any calculations made after the termination for any other purposes provided for in this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  182. 17052.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board may fund certain joint-use school projects, and school districts may apply only if specified conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 3. Allowances [17040 - 17052] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17052. (a) Notwithstanding any other provision of law, the State Allocation Board may fund joint-use projects to construct libraries, multipurpose rooms, and gymnasiums, on school campuses where these facilities are used jointly for both school and community purposes. (b) A school district may apply to the State Allocation Board for funding under this section if it meets all of the following requirements: (1) The school does not have the type of facility for which it seeks funding. (2) The school district agrees to provide local matching funds for 50 percent of the eligible cost of the facility as set forth in subdivision (c), and 100 percent local or joint-use funding for all costs that exceed that standard, as required by subdivision (d). (3) The school district has obtained approval of the plans for the facility from the Division of the State Architect and the State Department of Education. (4) The school district has entered into a joint-use agreement with its joint-use partner that specifies the method for sharing capital and operating costs, specifies relative responsibilities for the operation and staffing of the facility, and specifies the manner in which the safety of school pupils will be maintained during school hours. (5) The school district demonstrates that the facility will be used to the maximum extent possible for school and community purposes after regular school hours. (c) The State Allocation Board shall establish standards for the amount of funding to be made available for each project under this section. The funding standards may be expressed as per-square-foot cost limits or per-pupil cost limits or both. (d) Notwithstanding any other provision of this chapter, project costs may exceed the board’s standards set forth in subdivision (c) if the excess is paid completely by local or joint-use partnership sources. (e) On July 1 of each year the board shall apportion to qualifying applicant school districts those funds that it determines are available for the purposes of this section. (f) The board may establish priority standards to govern the order of funding projects. If applications exceed available funding, the board shall give priority to applications where the size of the project is increased by at least 30 percent beyond minimum essential facilities through the use of additional funding from a joint-use partner. (Added by Stats. 2000, Ch. 753, Sec. 2. Effective January 1, 2001.)
  183. 17055.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Space-Saver Schools [17055 - 17058] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The board must authorize project funding for certain school construction projects in specified urban areas, and the funded construction must be designed to reduce relocation needs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Space-Saver Schools [17055 - 17058] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17055. (a) The board shall authorize project funding under this chapter for the construction, in urban areas in which the construction of schools would ordinarily require the removal of residential, commercial, or industrial structures, of four elementary or junior high schools, or any combination thereof, none of which serve any of the grades 10 to 12, inclusive. (b) The construction funded pursuant to subdivision (a) shall be designed to minimize the need for the relocation of inhabitants of residential, commercial, or industrial structures. The design features of the schools may include, but should not be limited to, the use of below-ground facility construction, multistory construction, multiuse construction where single-use construction currently exists, the joint use of facilities that otherwise involve such uses as a shopping center, office complex, or apartment building, the joint or dual use of land that otherwise involves park or other uses, overhead or underground parking, or the use of areas above or below streets or freeways. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  184. 17056.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Space-Saver Schools [17055 - 17058] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A qualifying school district may apply for funding, and if funding is approved the district board must identify a site, set design criteria, and issue an architectural design proposal request.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Space-Saver Schools [17055 - 17058] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17056. Any school district that is a project applicant under this chapter may apply for the funding of a school specifically under this article, pursuant to which it may be approved by the board for funding only to the extent of its project eligibility under this chapter. The governing board of each district for which that funding is approved by the board shall do all of the following, in the order specified: (a) Identify an area within the district that it determines to be appropriate for the construction of a school that meets the purposes of this article. (b) Establish criteria for the purpose of identifying the school design that will most effectively accomplish the purposes of this article and the needs of the district. The district shall thereupon issue, in a manner approved by the board, a request for architectural design proposals incorporating those criteria. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  185. 17058.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Space-Saver Schools [17055 - 17058] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Projects funded under this article must not cost more than the maximum cost otherwise allowable under this chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4. Space-Saver Schools [17055 - 17058] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17058. The cost of any project funded under this article shall not exceed the maximum cost that would otherwise be allowable for a project funded under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  186. 17059.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] ( Article 4.1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The section explains why schools may need to use existing buildings for classroom space and says commercial buildings can be rebuilt for school use only if they meet the stated 1976 Uniform Building Code standards or later editions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] ( Article 4.1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17059. The Legislature finds and declares as follows: (a) In many areas of the state, overcrowding in the schools has created a need for new school facilities in neighborhoods where little or no vacant land exists. School districts are compelled, therefore, to acquire property that already has been developed with structures, then demolish these structures and construct classroom space. (b) With an estimated statewide need for school facilities within the next five years that exceeds fourteen billion dollars ($14,000,000,000), neither state nor local funds reasonably can be anticipated to meet this need. (c) In many of the areas having overcrowded schools, a significant supply exists of vacant space in structures meeting current building codes. (d) Use of this vacant space by schools can be a cost-effective means of providing classroom space for the students of California. (e) This chapter and Section 4-306 of Part 1 of Title 24 of the California Code of Regulations authorize the reconstruction of existing commercial buildings for school facility purposes. (f) No existing commercial building shall be considered for reconstruction for school facility classroom purposes unless it was designed and constructed according to the standards established in the 1976 Uniform Building Code or subsequent editions of that code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  187. 17059.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] ( Article 4.1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A qualified school district may use a new-construction apportionment to buy and convert an existing commercial building into a school facility, if the use is consistent with this chapter and the California Code of Regulations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] ( Article 4.1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17059.1. In a manner that is consistent with this chapter and the California Code of Regulations, a school district that is eligible for an apportionment for project funding for new construction under this chapter may use that apportionment for the acquisition and conversion of an existing commercial building to school facility purposes. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  188. 17059.2.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] ( Article 4.1 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The State Allocation Board and the office of the State Architect must tell school districts about the procedure for reconstructing existing commercial buildings for school facility purposes and, if asked, help with interpreting and implementing the related regulations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 4.1. Alternative Use of Apportionments [17059 - 17059.2] ( Article 4.1 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17059.2. The State Allocation Board in conjunction with the office of the State Architect shall advise all school districts in the state of the existence of the procedure for reconstructing existing commercial buildings for school facility purposes and shall upon request assist in the interpretation and successful implementation of the pertinent regulations in the California Code of Regulations. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  189. 17060.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may enter a joint venture for school facilities construction, but must follow bidding, subcontracting, use, and cost limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17060. (a) A school district may enter into a joint venture relationship for the purposes of school facilities construction. Notwithstanding any other provision of this chapter, a school district entering into a joint venture relationship does so as an independent entity and not as an agent of the State Allocation Board. (b) For the purposes of this article, “joint venture” means a collaborative undertaking by two or more persons or organizations for a specific project or projects, having the legal characteristics of a partnership. (c) The joint venture relationship may, but is not required to, include any of the following: (1) Joint use of the property of, or facilities on, the project site. (2) Ground leases, alternative financing arrangements, or similar financing arrangements. (3) A construction arrangement in which a school district enters into an agreement with a developer pursuant to which the school district initially stipulates the basic performance and programmatic criteria for the facility and the developer provides input into the design work and building construction services by entering into a contract with a single source team to administer the project in a manner consistent with state law, and construct the project to, under most circumstances, a maximum price. (d) The price for the portion of the project that is funded by the state shall be established through a bidding process as approved by the State Allocation Board. All subcontract trade groups that are included within the project, shall be determined based upon competitive bidding for each contract group. All subcontracts shall be awarded to the lowest responsible bidder. (e) The proposed uses of any facilities constructed under the joint venture project shall not be inconsistent with educational purposes and activities. (f) The cost of any project funded under this article shall not exceed the maximum cost that would otherwise be allowable for a project funded under this chapter. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  190. 17061.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may seek funding for a joint venture school facilities project, but it must publicly solicit proposals. The State Allocation Board must set maximum allowances and may approve the application, subject to final approval of the joint venture agreement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17061. (a) A school district may apply to the State Allocation Board for funding for the costs of property acquisition and the cost of construction, as specified in this chapter, of the school facilities portion of a joint venture project. The school district shall publicly solicit proposals for the joint venture project pursuant to the procedures set forth in this section and Sections 17062, 17521, 17522, and 17523. (b) Upon review of the application for funding, the State Allocation Board shall establish the maximum allowances for construction of the school facilities portion of the joint venture project. For the purpose of calculating allowances pursuant to Article 3 (commencing with Section 17040), the State Allocation Board shall use the information used to determine the allowances for the school district at the time the district received approval of funds under this chapter to acquire property on which the school facilities will be constructed, or at the time an application is made pursuant to subdivision (a), whichever is earlier. (c) The State Allocation Board may approve, in whole or in part, an application submitted by a school district pursuant to this section in an amount the State Allocation Board may deem appropriate, not to exceed the amount applied for, subject to final approval of the joint venture agreement pursuant to Section 17063. (d) For purposes of this section, and the process referred to in subdivision (a), a school district joint venture request for proposals shall include, but not necessarily be limited to, all of the following: (1) A specific description of the school buildings or land, or both, to be constructed or utilized under the joint venture and a description of how the costs of the project have been determined. (2) The identification of the current educational uses of the school buildings or land, or both, and of the educational uses proposed under the joint venture. (3) The identification of the current noneducational uses of the proposed school buildings or land, or both, and of the noneducational uses proposed under the joint venture, and a specific assessment of the compatibility of those uses with any applicable general or specific governmental land use plan and with applicable zoning restrictions. (4) A description of the prospective economic benefits to be derived by the school district from the joint venture. (5) A description of the prospective educational benefits to be derived by the school district from the joint venture. (6) A request that each request for proposal response include a comprehensive description of the joint venture, including, but not limited to, a description of the intended means of financing the joint venture. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  191. 17062.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    A school district may use a qualifications-and-proposals process to choose a developer and enter a joint venture agreement to build school facilities, if funding has been approved under Section 17061.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17062. (a) Notwithstanding Sections 20111 and 20118.4 of the Public Contract Code, or any other law, upon approval of funding pursuant to Section 17061, a school district may utilize a request for qualifications and proposal process described in subdivision (a) of Section 17061 to select and enter into a joint venture agreement with a developer to construct school facilities. The agreement may utilize Section 17406. (b) The joint venture agreement shall include, but not be limited to, all of the following terms: (1) The cost of the project approved by the State Allocation Board pursuant to Section 17061 as the amount that the district will pay to the developer pursuant to the joint venture agreement upon completion of the project, if applicable. (2) A detailed description of the project, including, but not limited to, the school facilities and any other facilities that may be included in the project and any other information necessary to meet the requirements of this chapter. (3) The timeframe for completion of the project. (4) A requirement that there shall be no state liability if funds are not made available within the four-year period specified in subdivision (a) of Section 17063. (c) The joint venture agreement may also include a requirement that if the actual cost of constructing the school facility project designated in the agreement exceeds the amount set forth in that agreement, the developer shall be responsible for the additional expense. (d) The lien placed on a schoolsite pursuant to this chapter shall only attach to that portion of the project for which state funds are actually expended. In addition, the lien shall expressly recognize any subordinate property interest created by the joint venture, and the state lien shall not be foreclosed or otherwise used to terminate the property interest, or any subordinate financing liens incidental thereto, created by the joint venture. The document creating that lien on a schoolsite shall be written in a manner to clearly prohibit assumption of any state liability resulting from the lien. (e) Notwithstanding subdivision (d), the nondisturbance of subordinate property interests permitted in subdivision (d) shall not permit the foreclosure or other private taking of actual school facilities or property paid for with state funds in a manner that would restrict, terminate, or impair the school facilities portion of the joint venture or the school district’s use thereof. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  192. 17063.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    The school district must send the completed joint venture agreement to the State Allocation Board, and the Board must approve or disapprove it within 60 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17063. Upon completion of the joint venture agreement pursuant to Section 17062, the school district shall transmit the agreement to the State Allocation Board for final review to determine whether the agreement is consistent with the project approval pursuant to Section 17061. The State Allocation Board shall act to approve or disapprove the complete agreement within 60 days following submission of the complete proposal to the State Allocation Board. The approval or disapproval relates to only the decision by the State Allocation Board to fund the school portion of the joint venture project and is not to be construed as an approval or disapproval of the terms and conditions of the joint venture agreement nor as authority for the school district to act as the agent of the State Allocation Board. The State Allocation Board is not made a party to the joint venture agreement and shall not incur liability under the joint venture agreement through its approval or disapproval of the agreement. The joint venture shall indemnify and hold harmless the State Allocation Board and its officers, agents, and employees from any loss or liability, including reasonable attorneys fees and costs, caused by the joint venture arising out of, or in relation to, any contract entered into by the joint venture in furtherance of the joint venture project. The date of approval by the State Allocation Board of the project shall be the date of funding eligibility for the project. The apportionment of funds for the eligible project shall be made at any point up to four years following the date of funding eligibility subject to the availability of funds for this purpose. If the state funds are not available within that four-year period, the school district may at its option remain in the funding cycle, subject to other provisions of this chapter, until the school district receives all of the funds it is eligible to receive pursuant to this article as of the date of funding eligibility. The district’s eligibility for reimbursement of authorized costs and the district’s position in the processing schedule for the reimbursement shall be established as the date of project approval by the State Allocation Board. The exact amount of the reimbursement shall be determined at the conclusion of the project and shall be based upon the actual subcontract trade bids and other costs allowable pursuant to Section 17019.3. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  193. 17064.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    Any design professional selected under this article must be selected according to the referenced Government Code chapter.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17064. The selection of any design professional pursuant to this article shall be made in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  194. 17065.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    School facilities design and construction under this article must comply with Article 3 starting at Section 17280 of Chapter 2 of Part 10.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17065. The design and construction of school facilities pursuant to this article shall comply with Article 3 (commencing with Section 17280) of Chapter 2 of Part 10.5. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  195. 17066.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. )

    Verify source ↗

    This section says the article does not change a school district’s duty to comply with prevailing wage requirements for the school-facilities part of a joint venture project.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12. State School Building Lease-Purchase Law of 1976 [17000 - 17066] ( Chapter 12 added by Stats. 1996, Ch. 277, Sec. 2. ) ## ARTICLE 5. Joint Venture School Facilities Construction Projects [17060 - 17066] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 2. ) ## 17066. This article does not affect any requirement of a school district to comply with the prevailing wage requirements of Article 2 (commencing with Section 1770) of Chapter 2 of Part 7 of Division 2 of the Labor Code with respect to the school facilities portion of a joint venture project under this article. (Added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)
  196. 17070.10.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    This chapter may be cited as the Leroy F. Greene School Facilities Act of 1998.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.10. This chapter shall be known, and may be cited, as the Leroy F. Greene School Facilities Act of 1998. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  197. 17070.15.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    This section defines terms used in this chapter, including funding terms, school facility terms, and the meanings of several authorities and school-district-related phrases.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.15. For purposes of this chapter, the following terms have the following meanings, unless a different meaning appears from the context: (a) “Apportionment” means an allocation of funds for the purpose of eligible new construction, modernization, or hardship approved by the board for an applicant school district. (b) “Assessed value” means the dollar value assigned to a property for purposes of measuring applicable taxes. An assessed valuation is used to determine the value of a residence for tax purposes and takes comparable sales of residential buildings and inspections into consideration. (c) “Attendance area” means the geographical area serving an existing high school and those junior high schools and elementary schools included therein. (d) “Authority” means the California School Finance Authority. (e) “Board” means the State Allocation Board as established by Section 15490 of the Government Code. (f) “Committee” means the State School Building Finance Committee established pursuant to Section 15909. (g) “County fund” means a county school facilities fund established pursuant to Section 17070.43. (h) “Department” means the Department of General Services. (i) “Fund” means the applicable 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, established pursuant to Section 17070.40, the 2016 State School Facilities Fund established pursuant to Section 17070.41, or the 2024 State School Facilities Fund established pursuant to Section 17070.42. (j) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002. (k) “Gross bonding capacity” means a school district’s capacity to issue debt. Gross bonding capacity is calculated by multiplying the applicable school district’s total assessed value by the school district’s specified tax cap pursuant to Sections 15102, 15106, 15268, and 15270. (l) “Modernization” means any modification or replacement of a permanent structure that is at least 25 years old, or in the case of a portable classroom, that is at least 20 years old, that will enhance the ability of the structure to achieve educational purposes. (m) “Portable classroom” means a classroom building of one or more stories that is designed and constructed to be relocatable and transportable over public streets, and with respect to a single story portable classroom, is designed and constructed for relocation without the separation of the roof or floor from the building and when measured at the most exterior walls, has a floor area not in excess of 2,000 square feet. (n) “Property” includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this chapter. (o) “Small school district” means a school district with an enrollment of fewer than 2,501 pupils. (p) “School building capacity” means the capacity of a school building to house pupils. (q) “School district” means a school district or a county office of education. For purposes of determining eligibility under this chapter, “school district” may also mean a high school attendance area. (Amended by Stats. 2024, Ch. 81, Sec. 1. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
  198. 17070.20.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The Director of General Services must administer this chapter and provide assistance to the board as required.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.20. The Director of General Services shall administer this chapter and shall provide assistance to the board as it requires. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  199. 17070.25.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The department must first publish funding applications by November 4, 1998, and be ready to receive and promptly act on applications on and after that date.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.25. The department shall first publish applications for funding under this chapter by November 4, 1998, and shall be prepared to receive and expeditiously act upon applications on and after that date. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
  200. 17070.30.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. )

    Verify source ↗

    The State Allocation Board is continued in existence for this chapter, and board members and legislators meeting with the board get no compensation but may be reimbursed for actual and necessary expenses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 12.5. Leroy F.Greene School Facilities Act of 1998 [17070.10 - 17079.30] ( Chapter 12.5 added by Stats. 1998, Ch. 407, Sec. 4. ) ## ARTICLE 1. General Provisions [17070.10 - 17070.99] ( Article 1 added by Stats. 1998, Ch. 407, Sec. 4. ) ## 17070.30. The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with the board shall have no compensation for their services under this chapter, but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties pursuant to this chapter, to be paid as an administrative expense. (Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.