Education Code — Part 8 | EDC — United States — California law | Esheria

Education Code

Part 8 of 57 · provisions 1,401–1,600

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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.

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Provisions of Education Code

Showing 200 of 11,236

  1. 17202.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. )

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    California community colleges may request planning grants for campuses exploring affordable student rental housing, and recipients may use grant money for listed planning-related costs. A community college applying for a planning grant may not also apply for a construction grant for the same project in the same application cycle.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. ) ## 17202. (a) California community colleges may submit requests for planning grants for campuses that are exploring or determining if it is feasible to offer affordable student rental housing. It is the intent of the Legislature to use up to twenty-five million dollars ($25,000,000) of the total amount described in subdivisions (l) of Section 17201 to support planning grants. (b) The selection process for planning grants shall include both of the following requirements: (1) To the extent feasible, ensure a reasonable geographic distribution of funds. (2) Require that the planning activities related to the proposed affordable student rental housing project be reasonable compared to the costs of comparable projects in the area. (c) A campus that receives a grant pursuant to this section may use those grant moneys for one or more of the following purposes in connection with an affordable rental student housing project: (1) Feasibility studies. (2) Engineering studies. (3) Financing studies. (4) Environmental impact studies. (5) Architectural plans. (6) Application fees. (7) Legal services. (8) Permitting costs. (9) Bonding. (10) Site preparation. (d) A community college applying for a planning grant shall not apply for a construction grant for the same project in the same application cycle. (e) For purposes of this section, the following definitions apply: (1) “Affordable student rental housing” means housing for students that would be charged at below market rate that would be consistent with the requirements of paragraph (2) of subdivision (f) of Section 17201. (2) “Feasible” means that a project may be accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (Amended by Stats. 2022, Ch. 54, Sec. 3. (AB 183) Effective June 30, 2022.)
  2. 17203.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. )

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    The Legislature states that laws applying to an applicant for a capital outlay project also apply to a student housing project funded 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 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. ) ## 17203. It is the intent of the Legislature that all laws applicable to an applicant related to the acquisition, design, construction, or renovation of a capital outlay project apply to any student housing project receiving funding under this chapter. This includes, but is not limited to, Section 92495 and applicable provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the Public Contract Code, and this code, including any applicable workforce and labor requirements within those codes. (Amended by Stats. 2022, Ch. 54, Sec. 4. (AB 183) Effective June 30, 2022.)
  3. 17203.5.

    ## 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 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. )

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    Certain university chancellor offices must collect student housing insecurity data from their campuses and submit a report by March 1, 2023.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. ) ## 17203.5. (a) The office of the Chancellor of the California State University and the office of the Chancellor of the California Community Colleges shall, and the office of the President of the University of California is requested to, collect data on student housing insecurity at each of their respective campuses and submit a report on that data to the Department of Finance and all relevant policy committees on or before March 1, 2023. (b) The collected data shall include all of the following information: (1) The number of students who receive housing assistance for on-campus or off-campus housing disaggregated by all of the following: (A) Gender. (B) Ethnicity. (C) The percentage of students who have dependents. (D) The percentage of students who are first-generation college students. (E) The percentage of students who are current or former foster youth. (F) The percentage of students who meet the requirements Section 68130.5. (G) The distribution of students by age group, income level, gender identity, and LGBTQI+ identity. (H) The percentage of students who are students with disabilities as identified by the campus. (I) The percentage of students who are current or former homeless youth. (J) The percentage of students who identify as LGBTQI+. (2) The number of students who live on campus and the number of available beds on campus. (3) The average rental rate for a two-bed dorm room and a two-bedroom apartment on campus. (4) The average rental rate for a two-bedroom apartment in city or county where the campus is located, if available. (c) The requirement for submitting a report imposed under subdivision (a) is inoperative on March 1, 2027, pursuant to Section 10231.5 of the Government Code. (d) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2022, Ch. 54, Sec. 5. (AB 183) Effective June 30, 2022. Repealed as of January 1, 2028, by its own provisions.)
  4. 17204.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10. SCHOOL BONDS [15100 - 17204] ( Part 10 repealed and added by Stats. 1996, Ch. 277, Sec. 2. ) ## CHAPTER 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. )

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    This section creates the Higher Education Capacity Expansion Grant Program and sets rules for grant eligibility, proposal submission, project selection, and how the University of California and California State University may use project 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 18.5. Higher Education Student Housing and Capacity Expansion Grant Programs [17200 - 17204] ( Chapter 18.5 added by Stats. 2021, Ch. 262, Sec. 2. ) ## 17204. (a) The Higher Education Capacity Expansion Grant Program is hereby established to provide one-time grants for capacity expansion projects to support increased California resident enrollment. (b) To be eligible for a grant for a capacity expansion project, an applicant shall demonstrate that the project will increase future California resident enrollment capacity, either by increasing instructional space for students or improving students’ time-to-degree, or will otherwise support the applicant’s ability to provide accessible higher education options to more students. Projects may include, but are not necessarily limited to, all of the following: (1) New construction. (2) Land or building acquisition. (3) Modernization of existing buildings for improving the learning environment, improving equipment, increasing classroom capacity, or accommodating more students in high-demand majors and fields. (c) Proposals for projects to be considered pursuant to this section shall be submitted to the Department of Finance by an established proposal deadline. (d) The Department of Finance shall provide the Joint Legislative Budget Committee information on all submitted project proposals, and a list of projects proposed for inclusion in the annual Budget Act or other legislation, no later than four months following any proposal deadline established pursuant to subdivision (c). (e) The University of California and the California State University shall not use a public-private partnership to construct, operate, maintain, or any combination thereof, a project. (f) As a condition of receiving funding for a project, the University of California shall comply, with respect to the project, with the requirements of Section 92495 applicable to capital outlay projects. (g) Project selection criteria may include any of the following: (1) The timeline for project construction, with priority given to projects that can begin the earliest. (2) The campus’ unmet demand for California resident enrollment, with priority given to applicants with greater unmet California resident demand. (3) The availability of a local match, with priority given to campuses with a local match. (4) When considered as a whole, the applications approved pursuant to this section are fairly representative of the various geographical regions of the state and the campuses of the University of California and the California State University. (5) The campus’ efforts to construct, acquire, or develop collaboratively with its local communities, including other public postsecondary educational institutions, capacity expansion projects. (h) Proposals for capacity expansion projects submitted to the Department of Finance pursuant to this section shall be considered for inclusion in the annual Budget Act or other legislation, subject to an available and sufficient appropriation. (i) It is the intent of the Legislature to appropriate funds for the Higher Education Capacity Expansion Grant Program in a future fiscal year. (Amended by Stats. 2022, Ch. 54, Sec. 6. (AB 183) Effective June 30, 2022.)
  5. 1721.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may, with county board approval, make agreements to prepare courses of study for school districts and community college districts in the territory, and the agreement must cover payment of service 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 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 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 1721. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any school district and community college districts in the territory under his or her jurisdiction, other than specified in Section 1720, to provide for the preparation of courses of study by the county superintendent of schools for use in the districts. The agreement shall provide for the payment of the cost of services rendered. (Amended by Stats. 1990, Ch. 1372, Sec. 33.)
  6. 17210.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section defines key terms used in the schoolsites article, including administering agency, environmental assessor, hazardous material, phase I environmental assessment, preliminary endangerment assessment, proposed schoolsite, regulated substance, release, remedial action plan, and state act.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17210. As used in this article, the following terms have the following meanings: (a) “Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code. (b) “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. (c) “Handle” has the meaning the term is given in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code. (d) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code. (e) “Hazardous material” has the meaning the term is given in subdivision (d) of Section 25260 of the Health and Safety Code. (f) “Operation and maintenance,” “removal action work plan,” “respond,” “response,” “response action,” and “site” have the meanings those terms are given in Article 3 (commencing with Section 78035) of Chapter 1 of the state act. (g) “Phase I environmental assessment” means a preliminary assessment of a property to determine whether there has been or may have been a release of a hazardous material, or whether a naturally occurring hazardous material is present, based on reasonably available information about the property and the area in its vicinity. A phase I environmental assessment shall meet the most current requirements adopted by the American Society for Testing and Materials (ASTM) for Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process or meet the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations. That ASTM Standard Practice for Environmental Site Assessments or the requirements of Part 312 (commencing with Section 312.1) of Title 40 of the Code of Federal Regulations shall satisfy the requirements of this article for conducting a phase I environmental assessment unless and until the Department of Toxic Substances Control adopts final regulations that establish guidelines for a phase I environmental assessment for purposes of schoolsites that impose different requirements. (h) “Preliminary endangerment assessment” means an activity that is performed to determine whether current or past hazardous material management practices or waste management practices have resulted in a release or threatened release of hazardous materials, or whether naturally occurring hazardous materials are present, which pose a threat to children’s health, children’s learning abilities, public health, or the environment. A preliminary endangerment assessment requires sampling and analysis of a site, a preliminary determination of the type and extent of hazardous material contamination of the site, and a preliminary evaluation of the risks that the hazardous material contamination of a site may pose to children’s health, public health, or the environment, and shall be conducted in a manner that complies with the guidelines published by the Department of Toxic Substances Control entitled “Preliminary Endangerment Assessment: Guidance Manual,” including any amendments that are determined by the Department of Toxic Substances Control to be appropriate to address issues that are unique to schoolsites. (i) “Proposed schoolsite” means real property acquired or to be acquired or proposed for use as a schoolsite, prior to its occupancy as a school. (j) “Regulated substance” means any material defined in subdivision (i) of Section 25532 of the Health and Safety Code. (k) “Release” has the same meaning the term is given in Article 3 (commencing with Section 78035) of Chapter 1 of the state act, and includes a release described in paragraph (5) of subdivision (b) of Section 78105 of the Health and Safety Code. (l) “Remedial action plan” means a plan approved by the Department of Toxic Substances Control pursuant to Article 12 (commencing with Section 79195) of Chapter 5 of Part 2 of Division 45 of the Health and Safety Code. (m) “State act” means the Carpenter-Presley-Tanner Hazardous Substance Account Act (Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code). (Amended by Stats. 2022, Ch. 258, Sec. 11. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  7. 17210.1.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts must notify nearby residents before preliminary endangerment assessment work begins, and the Department of Toxic Substances Control must follow Chapter 6.66 when recovering its costs unless the Legislature funds those oversight 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17210.1. (a) Notwithstanding any other provision of law: (1) For sites addressed by this article for which school districts elect to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, the state act applies to schoolsites where naturally occurring hazardous materials are present, regardless of whether there has been a release or there is a threatened release of a hazardous material. (2) For sites addressed by this article for which school districts elect to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, all references in the state act to hazardous substances shall be deemed to include hazardous materials and all references in the state act to public health shall be deemed to include children’s health. (3) All risk assessments conducted by school districts that elect to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 at sites addressed by this article shall include a focus on the risks to children’s health posed by a hazardous materials release or threatened release, or the presence of naturally occurring hazardous materials, on the schoolsite. (4) The response actions selected under this article shall, at a minimum, be protective of children’s health, with an ample margin of safety. (b) In implementing this article, a school district shall provide a notice to residents in the immediate area prior to the commencement of work on a preliminary endangerment assessment utilizing a format developed by the Department of Toxic Substances Control. (c) Nothing in this article shall be construed to limit the authority of the Department of Toxic Substances Control or the State Department of Education to take any action otherwise authorized under any other provision of law. (d) Unless the Legislature otherwise funds its costs for overseeing actions taken pursuant to this article, the Department of Toxic Substances Control shall comply with Chapter 6.66 (commencing with Section 25269) of Division 20 of the Health and Safety Code when recovering its costs incurred in carrying out its duties pursuant to this article. (e) Article 11 (commencing with Section 25220) of Chapter 6.5 of Division 20 of the Health and Safety Code does not apply to schoolsites at which all necessary response actions have been completed. (Amended by Stats. 2001, Ch. 865, Sec. 1. Effective October 14, 2001.)
  8. 17211.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Before buying land for a new schoolsite or an addition to an existing schoolsite, the district’s governing board must evaluate the property at a public hearing using state site selection standards. The board may also direct the district’s advisory committee to do the evaluation and report back at the hearing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17211. Prior to commencing the acquisition of real property for a new schoolsite or an addition to an existing schoolsite, the governing board of a school district shall evaluate the property at a public hearing using the site selection standards established by the State Department of Education pursuant to subdivision (b) of Section 17251. The governing board may direct the district’s advisory committee established pursuant to Section 17388 to evaluate the property pursuant to those site selection standards and to report its findings to the governing board at the public hearing. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  9. 17212.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Before buying a site for a proposed school building, a school district board must have the site investigated and evaluate more than just 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17212. The governing board of a school district, prior to acquiring any site on which it proposes to construct any school building as defined in Section 17283 shall have the site, or sites, under consideration investigated by competent personnel to ensure that the final site selection is determined by an evaluation of all factors affecting the public interest and is not limited to selection on the basis of raw land cost only. If the prospective schoolsite is located within the boundaries of any special studies zone or within an area designated as geologically hazardous in the safety element of the local general plan as provided in subdivision (g) of Section 65302 of the Government Code, the investigation shall include any geological and soil engineering studies by competent personnel needed to provide an assessment of the nature of the site and potential for earthquake or other geologic hazard damage. The geological and soil engineering studies of the site shall be of such a nature as will preclude siting of a school in any location where the geological and site characteristics are such that the construction effort required to make the school building safe for occupancy is economically unfeasible. No studies are required to be made if the site or sites under consideration have been the subject of adequate prior studies. The evaluation shall also include location of the site with respect to population, transportation, water supply, waste disposal facilities, utilities, traffic hazards, surface drainage conditions, and other factors affecting the operating costs, as well as the initial costs, of the total project. For the purposes of this article, a special studies zone is an area which is identified as a special studies zone on any map, or maps, compiled by the State Geologist pursuant to Chapter 7.5 (commencing with Section 2621) of Division 2 of the Public Resources Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  10. 17212.1.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Legislature states that specified entities should work together to assess the safety of a proposed schoolsite or an addition to an existing schoolsite.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17212.1. It is the intent of the Legislature that corporations, public utilities, local publicly owned utilities, governmental agencies, and school districts work collaboratively in assessing the safety of a proposed schoolsite or addition to an existing schoolsite. (Added by Stats. 2004, Ch. 578, Sec. 1. Effective January 1, 2005.)
  11. 17212.2.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School district governing boards may request schoolsite safety information, and recipients must respond in writing within 30 calendar days unless proprietary or confidential information justifies not providing 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17212.2. (a) The governing board of a school district may make a written request upon a person, corporation, public utility, local publicly owned utility, or governmental agency for information necessary or useful to assess and determine the safety of a proposed schoolsite or an addition to an existing schoolsite, pursuant to Section 17251 and this chapter, including pipelines, electric transmission and distribution lines, railroads, and storage tanks. The written request shall identify the physical location of the schoolsite for which information is sought, describe the information sought, and contain a statement as to why the information is needed or useful. Information requested may include all of the following: (1) Railroad operations involving hazardous or toxic materials, as reported to a governmental agency; frequency, speed, and schedule of railroad traffic; grade, curves, and condition of railroad tracks; and railroad accident occurrence. (2) Whether there are existing pipelines, planned pipelines, or easements for pipelines on, or in proximity to, as specified pursuant to regulations adopted pursuant to Section 17251, the schoolsite, including the location of the pipeline, the age of the pipeline, the pipeline material, the class of pipeline, the diameter of the pipeline, the depth at which the pipeline is buried, the wall thickness of the pipeline, the product or products transported by the pipeline, the operating pressure of the pipeline, the history of spills or leaks of material being transported by the pipeline, as reported to a governmental agency, and the location of the shutoff valves for the pipeline that are capable of preventing or halting the transport of product or products to the schoolsite. (3) Whether there are easements for planned or existing lines for the transmission or distribution of electricity, electrical transformers, or electrical substations on or in proximity to, as specified pursuant to regulations adopted pursuant to Section 17251, the schoolsite, the location of easements for, planned, or existing lines, transformers, or substations, the voltages currently handled or planned to be handled by the line, transformer, or substation, the ground clearance, if applicable, of a line, transformer, or substation, and the depth of burial, if applicable, of the line, transformer, or substation as specified by the Public Utilities Commission. (4) The location, age, construction type, safety record, and product stored in a storage tank. (b) A person, corporation, public utility, local publicly owned utility, or governmental agency receiving a written request for information pursuant to this section shall provide a written response within 30 calendar days of receipt of the request, that provides the requested information, identifies available public information or an available report to a governmental agency, or provides written justification why the requested information is not being provided. A claim that the requested information is proprietary or confidential is a legitimate justification for the requested information to not be provided. The governing board of a school district may grant additional time to respond to a request for information pursuant to this section. (c) A school district may file a complaint with the appropriate regulatory agency or legislative body for a violation of the requirements of this section. The regulatory agency or legislative body may appoint a representative to work toward informally resolving the complaint. (Amended by Stats. 2005, Ch. 22, Sec. 27. Effective January 1, 2006.)
  12. 17212.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School building projects in special studies zones must have geological and soil engineering studies, and the Department of General Services can require similar studies outside those zones.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17212.5. Geological and soil engineering studies as described in Section 17212 shall be made, within the boundaries of any special studies zone, for the construction of any school building as defined in Section 17283, or if the estimated cost exceeds twenty-five thousand dollars ($25,000), for the reconstruction or alteration of or addition to any school building for work which alters structural elements. The Department of General Services may require similar geological and soil engineering studies for the construction or alteration of any school building on a site located outside of the boundaries of any special studies zone. No studies need be made if the site under consideration has been the subject of adequate prior studies. No school building shall be constructed, reconstructed, or relocated on the trace of a geological fault along which surface rupture can reasonably be expected to occur within the life of the school building. A copy of the report of each investigation conducted pursuant to this section shall be submitted to the Department of General Services pursuant to Article 3 (commencing with Section 17280) of this chapter and to the State Department of Education. The cost of geological and soil engineering studies and investigations conducted pursuant to this section may be treated as a capital expenditure. The dollar amount set forth in this section shall be increased on an annual basis, according to a construction costs inflation index recognized and selected by the department. (Amended by Stats. 2001, Ch. 422, Sec. 1. Effective January 1, 2002.)
  13. 17213.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district’s governing board may not approve a schoolsite acquisition project unless specified environmental checks, consultations, and written findings are completed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17213. The governing board of a school district shall not approve a project involving the acquisition of a schoolsite by a school district, unless all of the following occur: (a) The school district, as the lead agency, as defined in Section 21067 of the Public Resources Code, determines that the property purchased or to be built upon is not any of the following: (1) The site of a current or former hazardous waste disposal site or solid waste disposal site, unless if the site was a former solid waste disposal site, the governing board of the school district concludes that the wastes have been removed. (2) A hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code for removal or remedial action pursuant to Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code. (3) A site that contains one or more pipelines, situated underground or aboveground, that carries hazardous substances, extremely hazardous substances, or hazardous wastes, unless the pipeline is a natural gas line that is used only to supply natural gas to that school or neighborhood. (b) The school district, as the lead agency, as defined in Section 21067 of the Public Resources Code, in preparing the environmental impact report or negative declaration has consulted with the administering agency in which the proposed schoolsite is located, pursuant to Section 2735.3 of Title 19 of the California Code of Regulations, and with any air pollution control district or air quality management district having jurisdiction in the area, to identify both permitted and nonpermitted facilities within that district’s authority, including, but not limited to, freeways and other busy traffic corridors, large agricultural operations, and railyards, within one-fourth of a mile of the proposed schoolsite, that might reasonably be anticipated to emit hazardous air emissions, or to handle hazardous or extremely hazardous materials, substances, or waste. The school district, as the lead agency, shall include a list of the locations for which information is sought. (c) The governing board of the school district makes one of the following written findings: (1) Consultation identified none of the facilities or significant pollution sources specified in subdivision (b). (2) The facilities or other pollution sources specified in subdivision (b) exist, but one of the following conditions applies: (A) The health risks from the facilities or other pollution sources do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the school. (B) The governing board finds that corrective measures required under an existing order by another governmental entity that has jurisdiction over the facilities or other pollution sources will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school. If the governing board makes this finding, the governing board shall also make a subsequent finding, prior to the occupancy of the school, that the emissions have been mitigated to these levels. (C) For a schoolsite with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor, the governing board of the school district determines, through analysis pursuant to paragraph (2) of subdivision (b) of Section 44360 of the Health and Safety Code, based on appropriate air dispersion modeling, and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils. (D) The governing board finds that neither of the conditions set forth in subparagraph (B) or (C) can be met, and the school district is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements in subdivision (a). If the governing board makes this finding, the governing board shall adopt a statement of overriding considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations. (d) As used in this section: (1) “Hazardous air emissions” means emissions into the ambient air of air contaminants that have been identified as a toxic air contaminant by the State Air Resources Board or by the air pollution control officer for the jurisdiction in which the project is located. As determined by the air pollution control officer, hazardous air emissions also means emissions into the ambient air from any substance identified in subdivisions (a) to (f), inclusive, of Section 44321 of the Health and Safety Code. (2) “Hazardous substance” means any substance defined in subdivision (a) of Section 78075 of the Health and Safety Code. (3) “Extremely hazardous substances” means any material defined pursuant to paragraph (2) of subdivision (i) of Section 25532 of the Health and Safety Code. (4) “Hazardous waste” means any waste defined in Section 25117 of the Health and Safety Code. (5) “Hazardous waste disposal site” means any site defined in Section 25114 of the Health and Safety Code. (6) “Administering agency” means any agency designated pursuant to Section 25502 of the Health and Safety Code. (7) “Handle” means handle as defined in Article 1 (commencing with Section 25500) of Chapter 6.95 of Division 20 of the Health and Safety Code. (8) “Facilities” means any source with a potential to use, generate, emit, or discharge hazardous air pollutants, including, but not limited to, pollutants that meet the definition of a hazardous substance, and whose process or operation is identified as an emission source pursuant to the most recent list of source categories published by the State Air Resources Board. (9) “Freeway or other busy traffic corridors” means those roadways that, on an average day, have traffic in excess of 50,000 vehicles in a rural area, as defined in Section 50101 of the Health and Safety Code, and 100,000 vehicles in an urban area, as defined in Section 50104.7 of the Health and Safety Code. (Amended by Stats. 2022, Ch. 258, Sec. 12. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  14. 17213.1.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district must follow environmental assessment steps before buying a schoolsite, and the state toxic substances agency reviews and approves those assessments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17213.1. As a condition of receiving state funding pursuant to Chapter 12.5 (commencing with Section 17070.10), the governing board of a school district shall comply with subdivision (a), and is not required to comply with subdivision (a) of Section 17213, prior to the acquisition of a schoolsite, or if the school district owns or leases a schoolsite, prior to the construction of a project. (a) Prior to acquiring a schoolsite, the governing board shall contract with an environmental assessor to supervise the preparation of, and sign, a Phase I environmental assessment of the proposed schoolsite unless the governing board decides to proceed directly to a preliminary endangerment assessment, in which case it shall comply with paragraph (4). (1) The Phase I environmental assessment shall contain one of the following recommendations: (A) A further investigation of the site is not required. (B) A preliminary endangerment assessment is needed, including sampling or testing, to determine the following: (i) If a release of hazardous material has occurred and, if so, the extent of the release. (ii) If there is the threat of a release of hazardous materials. (iii) If a naturally occurring hazardous material is present. (2) If the Phase I environmental assessment concludes that further investigation of the site is not required, the signed assessment, proof that the environmental assessor meets the qualifications specified in subdivision (b) of Section 17210, and the renewal fee shall be submitted to the Department of Toxic Substances Control. The Department of Toxic Substances Control shall conduct its review and approval, within 30 calendar days of its receipt of that assessment, proof of qualifications, and the renewal fee. In those instances in which the Department of Toxic Substances Control requests additional information after receipt of the Phase I environmental assessment pursuant to paragraph (3), the Department of Toxic Substances Control shall conduct its review and approval within 30 calendar days of its receipt of the requested additional information. If the Department of Toxic Substances Control concurs with the conclusion of the Phase I environmental assessment that a further investigation of the site is not required, the Department of Toxic Substances Control shall approve the Phase I environmental assessment and shall notify, in writing, the State Department of Education and the governing board of the school district of the approval. (3) If the Department of Toxic Substances Control determines that the Phase I environmental assessment is not complete or disapproves the Phase I environmental assessment, the department shall inform the school district of the decision, the basis for the decision, and actions necessary to secure department approval of the Phase I environmental assessment. The school district shall take actions necessary to secure the approval of the Phase I environmental assessment, elect to conduct a preliminary endangerment assessment, or elect not to pursue the acquisition or the construction project. To facilitate completion of the Phase I environmental assessment, the information required by this paragraph may be provided by telephonic or electronic means. (4) (A) If the Department of Toxic Substances Control concludes after its review of a Phase I environmental assessment pursuant to this section that a preliminary endangerment assessment is needed, the Department of Toxic Substances Control shall notify, in writing, the State Department of Education and the governing board of the school district of that decision and the basis for that decision. The school district shall submit to the State Department of Education the Phase I environmental assessment and requested additional information, if any, that was reviewed by the Department of Toxic Substances Control pursuant to that subparagraph. Submittal of the Phase I assessment and additional information, if any, to the State Department of Education shall be prior to the State Department of Education issuance of final site or plan approvals affected by that Phase I assessment. (B) If the Phase I environmental assessment concludes that a preliminary endangerment assessment is needed, or if the Department of Toxic Substances Control concludes after it reviews a Phase I environmental assessment pursuant to this section that a preliminary endangerment assessment is needed, the school district shall either contract with an environmental assessor to supervise the preparation of, and sign, a preliminary endangerment assessment of the proposed schoolsite and enter into an agreement with the Department of Toxic Substances Control to oversee the preparation of the preliminary endangerment assessment or elect not to pursue the acquisition or construction project. The agreement entered into with the Department of Toxic Substances Control may be entitled an “Environmental Oversight Agreement” and shall reference this paragraph. A school district may, with the concurrence of the Department of Toxic Substances Control, enter into an agreement with the Department of Toxic Substances Control to oversee the preparation of a preliminary endangerment assessment without first having prepared a Phase I environmental assessment. Upon request from the school district, the Director of Toxic Substances Control shall exercise its authority to designate a person to enter the site and inspect and obtain samples pursuant to Article 4 (commencing with Section 78435) of Chapter 3 of Part 2 of Division 45 of the Health and Safety Code, if the director determines that the exercise of that authority will assist in expeditiously completing the preliminary endangerment assessment. The preliminary endangerment assessment shall contain one of the following conclusions: (i) A further investigation of the site is not required. (ii) A release of hazardous materials has occurred, and if so, the extent of the release, that there is the threat of a release of hazardous materials, or that a naturally occurring hazardous material is present, or any combination thereof. (5) The school district shall submit the preliminary endangerment assessment to the Department of Toxic Substances Control for its review and approval and to the State Department of Education for its files. The school district may entitle a document that is meant to fulfill the requirements of a preliminary endangerment assessment a “preliminary environmental assessment” and that document shall be deemed to be a preliminary endangerment assessment if it specifically refers to the statutory provisions whose requirements it intends to meet and the document meets the requirements of a preliminary endangerment assessment. (6) At the same time a school district submits a preliminary endangerment assessment to the Department of Toxic Substances Control pursuant to paragraph (5), the school district shall publish a notice that the assessment has been submitted to the department in a local newspaper of general circulation, and shall post the notice in a prominent manner at the proposed schoolsite that is the subject of that notice. The notice shall state the school district’s determination to make the preliminary endangerment assessment available for public review and comment pursuant to subparagraph (A) or (C): (A) If the school district chooses to make the assessment available for public review and comment pursuant to this subparagraph, it shall offer to receive written comments for a period of at least 30 calendar days after the assessment is submitted to the Department of Toxic Substances Control, commencing on the date the notice is originally published, and shall hold a public hearing to receive further comments. The school district shall make all of the following documents available to the public upon request through the time of the public hearing: (i) The preliminary endangerment assessment. (ii) The changes requested by the Department of Toxic Substances Control for the preliminary endangerment assessment, if any. (iii) Any correspondence between the school district and the Department of Toxic Substances Control that relates to the preliminary endangerment assessment. (B) For purposes of subparagraph (A), the notice of the public hearing shall include the date and location of the public hearing, and the location where the public may review the documents described in clauses (i) to (iii), inclusive, of subparagraph (A). If the preliminary endangerment assessment is revised or altered following the public hearing, the school district shall make those revisions or alterations available to the public. The school district shall transmit a copy of all public comments received by the school district on the preliminary endangerment assessment to the Department of Toxic Substances Control. The Department of Toxic Substances Control shall complete its review of the preliminary endangerment assessment and public comments received thereon and shall either approve or disapprove the assessment within 30 calendar days of the close of the public review period. If the Department of Toxic Substances Control determines that it is likely to disapprove the assessment prior to its receipt of the public comments, it shall inform the school district of that determination and of any action that the school district is required to take for the Department of Toxic Substances Control to approve the assessment. (C) If the school district chooses to make the preliminary endangerment assessment available for public review and comment pursuant to this subparagraph, the Department of Toxic Substances Control shall complete its review of the assessment within 60 calendar days of receipt of the assessment and shall either return the assessment to the school district with comments and requested modifications or requested further assessment or concur with the adequacy of the assessment pending review of public comment. If the Department of Toxic Substances Control concurs with the adequacy of the assessment, and the school district proposes to proceed with site acquisition or a construction project, the school district shall make the assessment available to the public on the same basis and at the same time it makes available the draft environmental impact report or negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for the site, unless the document developed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) will not be made available until more than 90 days after the assessment is approved, in which case the school district shall, within 60 days of the approval of the assessment, separately publish a notice of the availability of the assessment for public review in a local newspaper of general circulation. The school district shall hold a public hearing on the preliminary endangerment assessment and the draft environmental impact report or negative declaration at the same time, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). All public comments pertaining to the preliminary endangerment assessment shall be forwarded to the Department of Toxic Substances Control immediately. The Department of Toxic Substances Control shall review the public comments forwarded by the school district and shall approve or disapprove the preliminary endangerment assessment within 30 days of the district’s approval action of the environmental impact report or the negative declaration. (7) The school district shall comply with the public participation requirements of Sections 78930, 78935, and 78950 to 78970, inclusive, of the Health and Safety Code and other applicable provisions of the state act with respect to those response actions only if further response actions beyond a preliminary endangerment assessment are required and the district determines that it will proceed with the acquisition or construction project. (8) If the Department of Toxic Substances Control disapproves the preliminary endangerment assessment, it shall inform the district of the decision, the basis for the decision, and actions necessary to secure the Department of Toxic Substances Control approval of the assessment. The school district shall take actions necessary to secure the approval of the Department of Toxic Substances Control of the preliminary endangerment assessment or elect not to pursue the acquisition or construction project. (9) If the preliminary endangerment assessment determines that a further investigation of the site is not required and the Department of Toxic Substances Control approves this determination, it shall notify the State Department of Education and the school district of its approval. The school district may then proceed with the acquisition or construction project. (10) If the preliminary endangerment assessment determines that a release of hazardous material has occurred, that there is the threat of a release of hazardous materials, that a naturally occurring hazardous material is present, or any combination thereof, that requires further investigation, and the Department of Toxic Substances Control approves this determination, the school district may elect not to pursue the acquisition or construction project. If the school district elects to pursue the acquisition or construction project, it shall do all of the following: (A) Prepare a financial analysis that estimates the cost of response action that will be required at the proposed schoolsite. (B) Assess the benefits that accrue from using the proposed schoolsite when compared to the use of alternative schoolsites, if any. (C) Obtain the approval of the State Department of Education that the proposed schoolsite meets the schoolsite selection standards adopted by the State Department of Education pursuant to subdivision (b) of Section 17251. (D) Evaluate the suitability of the proposed schoolsite in light of the recommended alternative schoolsite locations in order of merit if the school district has requested the assistance of the State Department of Education, based upon the standards of the State Department of Education, pursuant to subdivision (a) of Section 17251. (11) The school district shall reimburse the Department of Toxic Substances Control for all of the department’s response costs. (b) The costs incurred by the school districts when complying with this section are allowable costs for purposes of an applicant under Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be reimbursed in accordance with Section 17072.13. (c) A school district that releases a Phase I environmental assessment, a preliminary endangerment assessment, or information concerning either of these assessments, any of which is required by this section, may not be held liable in any action filed against the school district for making either of these assessments available for public review. (d) The changes made to this section by the act amending this section during the 2001 portion of the 2001–02 Regular Session do not apply to a schoolsite acquisition project or a school construction project, if either of the following occurred on or before the effective date of the act amending this section during the 2001 portion of the 2001–02 Regular Session: (1) The final preliminary endangerment assessment for the project was approved by the Department of Toxic Substances Control pursuant to this section as this section read on the date of the approval. (2) The school district seeking state funding for the project completed a public hearing for the project pursuant to this section, as this section read on the date of the hearing. (Amended by Stats. 2022, Ch. 258, Sec. 13. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  15. 17213.2.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts receiving certain state funds must respond to hazardous material issues at proposed schoolsites and follow related limits on construction and occupancy.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17213.2. As a condition of receiving state funds pursuant to Chapter 12.5 (commencing with Section 17070.10), all of the following apply: (a) If a preliminary endangerment assessment prepared pursuant to Section 17213.1 discloses the presence of a hazardous materials release, or threatened release, or the presence of naturally occurring hazardous materials, at a proposed schoolsite at concentrations that could pose a significant risk to children or adults, and the school district owns the proposed schoolsite, the school district shall enter into an agreement with the Department of Toxic Substances Control to oversee response action at the site and shall take response action pursuant to the requirements of the state act as may be required by the Department of Toxic Substances Control. (b) Notwithstanding subdivision (a), a school district need not take action in response to a release of hazardous material to groundwater underlying the schoolsite if the release occurred at a site other than the schoolsite and if the following conditions apply: (1) The school district did not cause or contribute to the release of a hazardous material to the groundwater. (2) Upon the request of the Department of Toxic Substances Control or its authorized representative the school district provides the Department of Toxic Substances Control or its authorized representative with access to the schoolsite. (3) The school district does not interfere with the response action activities. (c) If at anytime during the response action the school district determines that there has been a significant increase in the estimated cost of the response action, the school district shall notify the State Department of Education. (d) A school district that is required by the Department of Toxic Substances Control to take response action at a proposed schoolsite is subject to both of the following prohibitions: (1) The school district may not begin construction of a school building until the Department of Toxic Substances Control determines all of the following: (A) That the construction will not interfere with the response action. (B) That site conditions will not pose a significant threat to the health and safety of workers involved in the construction of the school building. (C) That the nature and extent of any release or threatened release of hazardous materials or the presence of any naturally occurring hazardous materials have been fully characterized. (2) The school district may not occupy a school building following construction until it obtains from the Department of Toxic Substances Control a certification that all response actions, except for operation and maintenance activities, necessary to ensure that hazardous materials at the schoolsite no longer pose a significant risk to children and adults at the schoolsite have been completed and that the response action standards and objectives established in the final removal action work plan or remedial action plan have been met and are being maintained. After a school building is constructed and occupied, a school district may continue with ongoing operation and maintenance activities if the Department of Toxic Substances Control certifies before occupancy that neither site conditions nor the ongoing operation and maintenance activities pose a significant risk to children or adults at the schoolsite. (e) If, at anytime during construction at a schoolsite, a previously unidentified release or threatened release of a hazardous material or the presence of a naturally occurring hazardous material is discovered, the school district shall cease all construction activities at the sites notify the Department of Toxic Substances Control, and take actions required by subdivision (a) that are necessary to address the release or threatened release or the presence of any naturally occurring hazardous materials. Construction may be resumed if the Department of Toxic Substances Control determines that the construction will not interfere with any response action necessary to address the hazardous material release or threatened release or the presence of a naturally occurring hazardous material, determines that the site conditions will not pose a significant threat to the health and safety of workers involved in the construction of the schoolsite, and certifies that the nature and extent of the release, threatened release, or presence of a naturally occurring hazardous material have been fully characterized. (f) Construction may proceed at any portions of the site that the Department of Toxic Substances Control determines are not affected by the release or threatened release of hazardous materials, or presence of any naturally occurring hazardous materials, provided that all of the following apply: (1) Those portions of the site have been fully characterized. (2) The Department of Toxic Substances Control determines that the construction will not interfere with any response action necessary to address the release or threatened release of hazardous materials, or presence of any naturally occurring hazardous materials. (3) The site conditions will not pose a significant threat to the health and safety of workers involved with construction. (g) The Department of Toxic Substances Control shall notify the State Department of Education, the Division of the State Architect, and the Office of Public School Construction when the Department of Toxic Substances Control certifies that all necessary response actions have been completed at a schoolsite. The Department of Toxic Substances Control shall also notify the Division of the State Architect whenever a response action has an impact on the design of a school facility and shall specify the conditions that must be met in the design of the school facility in order to protect the integrity of the response action. (h) The school district shall reimburse the Department of Toxic Substances Control for all response costs incurred by the department. (i) The costs incurred by the school districts when complying with this section are allowable costs for purposes of an applicant under Chapter 12.5 (commencing with Section 17070.10) of Part 10 and may be reimbursed in accordance with Section 17072.13. (Amended by Stats. 2000, Ch. 443, Sec. 5. Effective September 14, 2000.)
  16. 17215.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Before a school district or charter school buys or leases land for a new schoolsite, it must give written notice to the State Department of Education, and several review and waiting steps apply if the site is near an airport runway.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17215. (a) In order to promote the safety of pupils, comprehensive community planning, and greater educational usefulness of schoolsites, before acquiring title to or leasing property for a new schoolsite, the governing board of each school district, including any district governed by a city board of education, or a charter school, shall give the State Department of Education written notice of the proposed acquisition or lease and shall submit any information required by the State Department of Education if the site is within two miles, measured by air line, of that point on an airport runway or a potential runway included in an airport master plan that is nearest to the site. (b) Upon receipt of the notice required pursuant to subdivision (a), the State Department of Education shall notify the Department of Transportation in writing of the proposed acquisition or lease. If the Department of Transportation is no longer in operation, the State Department of Education shall, in lieu of notifying the Department of Transportation, notify the United States Department of Transportation or any other appropriate agency, in writing, of the proposed acquisition or lease for the purpose of obtaining from the department or other agency any information or assistance that it may desire to give. (c) The Department of Transportation shall investigate the site and, within 30 working days after receipt of the notice, shall submit to the State Department of Education a written report of its findings including recommendations concerning acquisition or lease of the site. As part of the investigation, the Department of Transportation shall give notice thereof to the owner and operator of the airport who shall be granted the opportunity to comment upon the site. The Department of Transportation shall adopt regulations setting forth the criteria by which a site will be evaluated pursuant to this section. (d) The State Department of Education shall, within 10 days of receiving the Department of Transportation’s report, forward the report to the governing board of the school district or charter school. The governing board or charter school may not acquire title to or lease the property until the report of the Department of Transportation has been received. If the report does not favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school may not acquire title to or lease the property. If the report does favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school shall hold a public hearing on the matter prior to acquiring or leasing the site. (e) If the Department of Transportation’s recommendation does not favor acquisition or lease of the proposed site, state funds or local funds may not be apportioned or expended for the acquisition or lease of that site, construction of any school building on that site, or for the expansion of any existing site to include that site. (f) This section does not apply to sites acquired prior to January 1, 1966, nor to any additions or extensions to those sites. (Amended by Stats. 2005, Ch. 229, Sec. 1. Effective January 1, 2006.)
  17. 17215.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Before buying land for a new schoolsite in certain agricultural areas, a school district’s governing board must make specified findings and consult with local government.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17215.5. (a) Prior to commencing the acquisition of real property for a new schoolsite in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, the governing board of a school district shall make all of the following findings: (1) The school district has notified and consulted with the city, county, or city and county within which the prospective schoolsite is to be located. (2) The final site selection has been evaluated by the governing board of the school district based on all factors affecting the public interest and not limited to selection on the basis of the cost of the land. (3) The school district will attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect the pupils and employees at the schoolsite. (b) Subdivision (a) shall not apply to any schoolsite approved by the State Department of Education prior to January 1, 1997. (Added by renumbering Section 39006 by Stats. 2000, Ch. 135, Sec. 39. Effective January 1, 2001.)
  18. 17216.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Actions taken by the State Department of Education, other state agencies, or political subdivisions under this chapter cannot be treated as affecting rights under Section 19 of Article 1 of the California Constitution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17216. No action undertaken by the State Department of Education or by any other state agency or by any political subdivision pursuant to this chapter, or in compliance with this chapter, shall be construed to affect any rights arising under the provisions of Section 19 of Article 1 of the California Constitution. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  19. 17217.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district board may acquire a school site next to the district boundary, but only after the required approvals and filings. If the county committees do not approve, the petition can go to the Superintendent of Public Instruction; eminent domain may also be used for this purpose.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17217. (a) The governing board of a school district may acquire a site for a school building contiguous to the boundaries of the district and upon the acquisition of the site it shall become a part of the district. (b) The site may not be acquired until all of the following conditions are met: (1) A majority of the members of the governing board of the acquiring school district approves a petition requesting approval of the acquisition. (2) The petition is filed with the county superintendent of schools with jurisdiction over the acquiring school district. If the site is in a county that is not the county in which the acquiring school district is located, the petition shall be filed with each of the county superintendents of the counties concerned. Within 10 working days of the date the petition is filed, each superintendent of schools of those counties shall notify the governing board of each school district involved that the petition was filed. (3) The county committee on school district organization of the county of the acquiring school district approves the petition. If the site is in a county that is not the county in which the acquiring school district is located, each of the county committees on school district organization concerned shall approve the petition. The county committees on school district organization shall approve or disapprove a petition within 60 days from the day the governing board filed the petition with the county superintendent of schools. (c) Notwithstanding subdivision (b), if each of the county committees on school district organization does not approve the petition as required by paragraph (3) of subdivision (b), the petition may be submitted to the Superintendent of Public Instruction for approval. If the Superintendent of Public Instruction approves the petition, the governing board may acquire the site. (d) In approving the acquisition of a site pursuant to this section, the county committees on school district organization and the Superintendent of Public Instruction shall consider the extent to which the following are met: (1) The proposed site acquisition will not promote racial or ethnic discrimination or segregation. (2) The proposed site acquisition will not result in any substantial increase in costs to the state. (3) The proposed site acquisition will not significantly disrupt the educational programs in the school districts affected by the proposed site acquisition and will continue to promote sound education performance in those school districts. (4) The proposed site acquisition will not result in a significant increase in school housing costs. (5) The proposed site acquisition is not primarily designed to result in a significant increase in property values causing financial advantage to property owners because territory was transferred from one school district to an adjoining school district. (6) The proposed site acquisition will not cause a substantial negative effect on the fiscal management or fiscal status of any school district affected by the proposed site acquisition. (e) The power of eminent domain may be used for the purposes of this section. (f) A schoolsite is contiguous for the purpose of this section although separated from the boundaries of the district by a road, street, stream, or other natural or artificial barrier or right-of-way. (Amended by Stats. 2003, Ch. 798, Sec. 1. Effective January 1, 2004.)
  20. 17218.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may buy a school site in a proposed unified district before the new district takes effect, but only after the county committee has received the proposal and reported its recommendations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17218. The governing board of a school district which has been included in a school district unification proposal approved by the electors of the territory involved pursuant to Chapter 2 (commencing with Section 4206) of Part 3, may, prior to the time the new unified school district becomes effective for all purposes, acquire a site for a school building at any place within the new unified school district, and upon the acquisition of the site it shall become a part of the district pending the date when the new unified school district becomes effective for all purposes. The site shall not be acquired until the county committee on school district organization of the county or of each of the counties concerned has received the proposal for acquisition of the site and reported its recommendations thereon to the governing boards of the districts concerned and to each county superintendent of schools concerned. The report of the county committee shall be made within 60 days from the time the proposal for acquisition of the site was submitted to it. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  21. 17219.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts may owe nonuse payments for school sites not used within the stated time limits, unless an exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17219. (a) Whenever a school district acquires or has acquired a site for school purposes, as determined by the State Allocation Board, and does not use the site within (1) five years of the date of acquisition for the kindergarten, if any, and any of grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district, or, (2) seven years of the date of acquisition for any of grades 7 to 12, inclusive, maintained by a high school district or a unified school district, or if a school district has a site at any grade level that has previously been used but has not been used for school purposes within the preceding five years, the school district shall be subject to nonuse payments, unless the State Allocation Board, from time to time, makes a determination that the school district will utilize the property for the purpose for which it was intended within a reasonable period of time, in a specific amount for each additional year in which the site is retained and not used by the district beyond the foregoing specified periods, except the first additional year shall be deemed to end not earlier than April 30, 1973. (b) Payment shall not be required under this section as to any site having a value of twenty thousand dollars ($20,000) or less. Commencing on January 1, 1988, and annually thereafter, the State Allocation Board shall increase this exemption figure by the amount of the current fiscal year inflation adjustment specified in Section 42238.1, if any. (c) The payments required shall be computed by the Executive Officer of the State Allocation Board and certified to the Controller, and payments shall be equal to one one-hundredth (1/100) of the original purchase price of the site modified by either a factor reflecting the change in assessed value of all lands in the state from the date of purchase of the site to the current date or any other factor that in the determination of the State Allocation Board is applicable to the site under consideration. (d) Whenever the State Allocation Board has determined that a school district in good faith has, within the preceding year, advertised the schoolsite for sale to the highest bidder pursuant to the provisions of Article 4 (commencing with Section 17455) of Chapter 4 of Part 10.5 and has received no bids that in the judgment of the State Allocation Board reflect the fair market value of the property, the Executive Officer of the State Allocation Board shall not compute any nonuse payments for the site for a period of one year beyond the date of the determination. (e) Nonuse payments shall not be required for any year with respect to a schoolsite that for one-half or more of the number of days of that year has been utilized for any of the following purposes: (1) By the school district, or by any other governmental entity pursuant to agreement with the school district, for school purposes, for use as a civic center, or for community playground, playing field, or other outdoor recreational purposes. For purposes of this paragraph, “civic center” means a site used for one or more of the purposes described in Section 40041. (2) By the State Allocation Board, pursuant to agreement with the school district, for the storage of emergency portable classrooms. (3) By the school district, or by any other public or private entity pursuant to agreement with the school district, for the operation of a child care program. (f) Nonuse payments shall not be required for any year with respect to a schoolsite that was leased at least one-half of the days in that year in a manner that subjected the site to property taxes equal to the taxes that would have been paid if the site had been sold. (Amended by Stats. 2020, Ch. 370, Sec. 54. (SB 1371) Effective January 1, 2021.)
  22. 1722.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may participate in developmental program planning projects if the county board of education approves and the work is coordinated with the listed education agencies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 1722. The county superintendent of schools, with the approval of the county board of education, and in cooperation with school districts and community college districts and the State Department of Education, or the board of governors, according to jurisdiction may participate in projects for developmental program planning. (Enacted by Stats. 1976, Ch. 1010.)
  23. 17220.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s exemption from nonuse payments for a schoolsite continues into later years if the superintendent timely certifies that the basis for the exemption still exists.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17220. If the State Allocation Board determines a school district to be exempt from the requirement to make nonuse payments for any year as to any schoolsite on any basis authorized under subdivision (e) or (f) of Section 17219, that exemption shall continue to apply to that schoolsite for each subsequent year for which the superintendent of the school district certifies to the State Allocation Board, on a timely basis, that the basis of exemption continues to exist. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  24. 17221.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s nonuse payment amount under Section 17219 is reduced by certain lease proceeds used for bond debt service costs tied to actual school 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17221. The amount of any nonuse payments required of any school district under Section 17219 shall be reduced, without regard to fiscal year, by the amount of the proceeds, resulting from the lease of district property that is subject to that section, that are expended by the district the payment of bond debt service costs that are directly related to the actual construction of school facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  25. 17222.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Controller must deduct district payment amounts from specified State School Fund installments after certification, but not so much that the district receives less than $120 per pupil.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17222. The Controller shall, during the next fiscal year following that in which the Executive Officer of the State Allocation Board certifies to him or her the amount of payment, deduct the total amount of the payment 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 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, whichever are in effect. However, in no event shall the deductions exceed an amount which would result in a district’s receiving, in any school year, from the State School Fund, less than one hundred twenty dollars ($120) per pupil in average daily attendance in the district during the preceding school year. On order of the Controller, the amount so deducted shall be transferred to the State School Site Utilization Fund which is hereby created. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  26. 17223.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a school district starts using or sells an unused school site, the State Allocation Board must certify the fact and the Controller must stop withholding related payments and return withheld money in some 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17223. (a) Whenever a school district has either begun to use an unused site or has sold that site within two years of the date the Controller, pursuant to Section 17222, has deducted a certified nonuse payment from the district’s State School Fund apportionment, the State Allocation Board shall certify that fact to the Controller. The Controller shall then cease to withhold any additional payments and shall return to the district from the State School Site Utilization Fund the payments, without interest, which had been withheld for the particular site during the prior fiscal year and the current fiscal year. (b) If the school district begins to use or has sold the site more than two years after the aforesaid date, the State Allocation Board shall so certify to the Controller and no further payments shall be withheld as specified in Section 17222. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  27. 17224.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Funds in the State School Site Utilization Fund that are not returnable under Section 17223 must be allocated, after legislative appropriation, to administer the Leroy F. Greene School Facilities Act of 1998. Unencumbered funds in the State School Deferred Maintenance Fund after July 1, 2014 must be transferred to the State School Site Utilization 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. General Provisions [17210 - 17224] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17224. (a) Any funds in the State School Site Utilization Fund, including interest, that are not subject to return to a school district pursuant to Section 17223 shall, upon appropriation by the Legislature, be allocated for purposes of administering the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). (b) Any unencumbered funds in the State School Deferred Maintenance Fund after July 1, 2014, shall be transferred to the State School Site Utilization Fund. (Amended by Stats. 2017, Ch. 15, Sec. 17. (AB 99) Effective June 27, 2017.)
  28. 1723.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain county school service functions must be performed by people with a valid credential or qualifying life diploma, except 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 3. Preparation of Courses of Studies [1720 - 1723] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 1723. The services described in Sections 1720, 1721 and 1722, except clerical, accounting, and stenographic services, shall 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 the services described in this article 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.)
  29. 17230.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may sell certain surplus schoolsites for less than fair market value to a park district, city, or county if stated 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17230. Notwithstanding the provisions of Article 4 (commencing with Section 17455) of Chapter 4 and in addition to the requirements placed upon school districts pursuant to Section 54222 of the Government Code, the governing board of a school district may sell, for less than fair market value, a schoolsite that is deemed to be surplus property of the school district and for which a charter school has not accepted an offer to purchase or lease pursuant to Section 17457.5, to a park district, city, or county in which the school district is wholly or partially situated for use or partial use as park or recreational purposes or open-space purposes if the governing board of the school district adopts a resolution specifying that it will sell or transfer the property for less than fair market value to such an entity for that purpose. The offer to sell shall be made in writing, but the terms by which the property may be sold or transferred need not be specifically provided. (Amended by Stats. 2012, Ch. 38, Sec. 37.1. (SB 1016) Effective June 27, 2012.)
  30. 17231.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The school district’s governing board may sell or transfer the site for cash or other valuable consideration, and it may do so without first holding a vote of the district’s electors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17231. The sale or transfer may be made for cash and other valuable consideration, or for other valuable consideration, as deemed appropriate by the governing board of the school district. The sale or transfer may be made without first taking a vote of the electors of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  31. 17232.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district must offer surplus land for sale or transfer to the listed local public entities and keep the offer open for at least 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17232. A school district’s offer to sell or transfer the land shall be made to all park districts, cities, and counties in which the school district is wholly or partially situated pursuant to this article and shall remain open for not less than 60 days. The sale or transfer shall be made to whichever public entity first accepts the offer, or whichever public entity can negotiate satisfactorily for the purchase or transfer of the surplus land. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  32. 17233.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may not sell certain unimproved surplus real property for 20 years after it acquires it unless it first offers the property back to the former owner or, if applicable, gives that owner a right of first refusal.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17233. Notwithstanding Article 4 (commencing with Section 17455) of Chapter 4 of this part, Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, or any other provision of law, any unimproved real property that was acquired by a school district pursuant to Section 35270.5, which property the governing board of the school district has deemed to be surplus property of the district, may not be sold to any person or entity within 20 years of its acquisition by the district unless the district has first made a bona fide offer to sell the property to the person or entity that owned the property at the time of its acquisition by the district or, if applicable, offered to that person or entity a right of first refusal of any bona fide offer acceptable to the district made by another to purchase the property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  33. 17234.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Missing compliance with this article does not invalidate a sale or transfer of real property to a purchaser or encumbrancer for value.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 1. Schoolsites [17210 - 17234] ( Chapter 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Disposal of Sites [17230 - 17234] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17234. The failure to comply with any provision of this article shall not invalidate any sale or transfer of real property to a purchaser or encumbrancer for value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  34. 17240.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This chapter may be cited as the New Schools Relief Act of 1979.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17240. This chapter shall be known and may be cited as the New Schools Relief Act of 1979. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  35. 17241.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states that new revenues are needed to fund the construction of school facilities because school districts’ ability to levy and collect property taxes is limited.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17241. The Legislature hereby finds and declares that because of the adoption of Article XIII A of the California Constitution, imposing limits on the ability of school districts to levy and collect property taxes, it is necessary to create new revenues for the construction of school facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  36. 17242.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states that this chapter is meant to help school districts, the state, and the private sector work together to provide needed school facilities in growth impacted 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17242. It is the intent of the Legislature in enacting this chapter to provide opportunities for school districts, the state, and the private sector to cooperate to provide needed school facilities in growth impacted districts, and to facilitate innovative financing and other techniques for growth impacted districts to help meet new school construction needs. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  37. 17243.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines key terms used in the chapter, including “Board,” “a school district with an anticipated increase in enrollment,” and “private developers.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17243. As used in this chapter: (a) “Board” means the State Allocation Board. (b) “A school district with an anticipated increase in enrollment” means a school district in which the level of enrollment is projected by the district to be higher during any of the five years, including the year in which the projection is made, than the year preceding the year in which the projection is made. Projections shall be made pursuant to regulations adopted by the board. (c) “Private developers” means individuals or corporations owning land, facilities, or both; or, in the business of developing land for construction purposes, constructing facilities on developed land, or both. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  38. 17244.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district expecting enrollment growth may lease land and facilities from a private developer, but only with qualifying funds and subject to board 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17244. Notwithstanding any other provision of law, a school district with an anticipated increase in enrollment is authorized to lease land and facilities from a private developer with funds provided by one or more of the following sources, subject to regulations established by the board: (a) Funds provided by the state for the purposes of school construction (1) in the Budget Act, (2) in separate legislation, (3) from the sale of bonds, the issuance of which was approved by the voters of the state prior to January 1, 1980, provided that the purposes for which the issuance of the bonds was approved encompassed the purposes of this section; or (4) from the sale of bonds, the issuance of which may be approved on or after January 1, 1980, by the voters of the state for the purposes of school construction, among other purposes. (b) Funds the district has borrowed from the state and which the district is in the process of repaying, provided that nothing in this section shall be construed as terminating, delaying, or otherwise interrupting the district’s schedule of repayments for the funds. (c) Available capital reserves from the district’s general fund or special funds of the district, provided the purposes of this section do not conflict with the purposes for which the funds may be used. (d) Proceeds from the sale or lease of unneeded facilities, provided that nothing in this section shall be construed to have any of the following effects: (1) To terminate, delay, or otherwise interrupt the schedule of regular repayments for the district’s obligations to the state. (2) To relieve the district from any obligation to the state, except to the degree that such district may retain that portion of the proceeds from the sale or lease of unneeded facilities necessary to lease land and facilities pursuant to this section. (3) To permit the district to retain any proceeds otherwise owing to the state from the lease or sale of unneeded facilities in excess of the amount necessary to lease land and facilities pursuant to this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  39. 17245.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district expecting enrollment growth may build school facilities within state aid standards, if it follows board regulations and uses the permitted funding sources.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2. New Schools Relief Act of 1979 [17240 - 17245] ( Chapter 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17245. Notwithstanding any other law, a school district with an anticipated increase in enrollment is authorized to construct school facilities authorized within state school building aid standards, and subject to regulations established by the board, with funds from the following sources: (a) Available capital reserves from the district’s general fund or special funds of the district, provided the purposes of this section do not conflict with the purposes for which the funds may be used. (b) Proceeds from the sale or lease of unneeded facilities provided that nothing in this section shall be construed to have any of the following effects: (1) To terminate, delay, or otherwise interrupt the schedule of regular repayments for the district’s obligations to the state. (2) To relieve the district from any obligation to the state, except to the degree that the district may retain that portion of the proceeds from the sale or lease of unneeded facilities necessary to construct facilities pursuant to this section. (3) To permit the district to retain any proceeds otherwise owing to the state from the lease or sale of unneeded facilities in excess of the amount necessary to construct facilities pursuant to this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  40. 17250.10.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    School districts are generally authorized to use the design-build method for 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.10. (a) The Legislature finds and declares that the design-build method of project delivery, using a best value procurement methodology, has been authorized for various agencies that have reported benefits from those projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method. (b) It is the intent of the Legislature that: (1) This chapter provide general authorization for school districts to use the design-build method for projects. (2) This chapter shall not be deemed to express a preference for the design-build method over other procurement methodologies. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.)
  41. 17250.15.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    This section defines terms used in the design-build contracts chapter for school 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.15. For purposes of this chapter, the following definitions apply: (a) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. (2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors. (b) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (c) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to a design-build contract. (e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team. (2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (f) “Project” means the construction of any school facility. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.)
  42. 17250.20.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    A school district may use design-build contracts for projects over $1,000,000 if its governing board approves, and must adopt conflict-of-interest policy guidelines.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.20. (a) A school district, with approval of its governing board, may procure design-build contracts for projects in excess of one million dollars ($1,000,000), awarding the contract to either the low bid or the best value. (b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into design-build contracts authorized under this chapter. (c) This chapter shall apply to bid requests issued on or after July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.)
  43. 17250.25.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    This section sets the steps for school district design-build procurement, including required documents, qualifications screening, proposal review, and contract award rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.25. The procurement process for design-build projects shall progress as follows: (a) (1) The school district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but are not limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the school district’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. (2) The documents shall not include a design-build-operate contract for a project. The documents, however, may include operations during a training or transition period, but shall not include long-term operations for a project. (b) The school district shall prepare and issue a request for qualifications in order to prequalify, or develop a short list of, the design-build entities whose proposals shall be evaluated for final selection. The request for qualifications shall include, but is not limited to, all of the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the school district to evaluate proposals, the procedure for final selection of the design-build entity, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record, and all other nonprice-related factors. (3) A standard template request for statements of qualifications prepared by the school district. In preparing the standard template, the school district may consult with the construction industry, the building trades and surety industry, and other school districts interested in using the authorization provided by this chapter. The template shall require the following information: (A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. (B) Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that the proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project. (C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization. (G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the proposer is a party to an alternative dispute resolution system, as provided for in Section 3201.5 of the Labor Code. (4) (A) The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. (B) Information required under this subdivision that is not otherwise a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection. (c) (1) A design-build entity shall not be prequalified or short-listed unless the entity provides an enforceable commitment to the school district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district prior to January 1, 2017. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) Based on the documents prepared as described in subdivision (a), the school district shall prepare a request for proposals that invites prequalified or short-listed entities to submit competitive sealed proposals in the manner prescribed by the school district. The request for proposals shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the school district to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors. (3) The relative importance or the weight assigned to each of the factors identified in the request for proposals. (4) Where a best value selection method is used, the school district may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, in which case the school district shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the school district to ensure that any discussions or negotiations are conducted in good faith. (e) For those projects utilizing low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or short-listed design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder. (f) For those projects utilizing best value as a selection method, the design-build competition shall progress as follows: (1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) Price, unless a stipulated sum is specified. (B) Technical design and construction expertise. (C) Life-cycle costs over 15 or more years. (2) Pursuant to subdivision (d), the school district may hold discussions or negotiations with responsive proposers using the process articulated in the school district’s request for proposals. (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three proposers are required to be ranked. (4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the school district to have offered the best value to the public. (5) Notwithstanding any other provision of law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. (6) The statement regarding the school district’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. (Amended by Stats. 2021, Ch. 615, Sec. 61. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  44. 17250.27.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    This section defines “project” and “school district” for design-build contracts, gives school districts discretion to stop, change, balance, or reject a CEQA-affected project design, requires contract terms reflecting those conditions, and bars work beyond the design phase until required notices are issued.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.27. (a) For purposes of this section, the following definitions apply: (1) “Project” means all construction, alteration, demolition, installation, repair, and maintenance work that is subject to a project labor agreement that meets the requirements of Section 2500 of the Public Contract Code. (2) “School district” means a school district that operates a labor compliance program that received final approval from the Department of Industrial Relations before January 1, 1997. (b) A school district entering into a contract awarded pursuant to this chapter for a project that is subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall retain the discretion to do all of the following: (1) Terminate the contract at any time before a final project design is submitted to the Division of the State Architect for approval. (2) Modify the project design or feature in a manner the school district decides is necessary to comply with the California Environmental Quality Act, including, but not limited to, incorporation of mitigation measures identified in an environmental review document for the project to mitigate environmental impacts that the project may cause, or the adoption of alternatives to the project. (3) Balance the benefits of the proposed project against any of the project’s significant environmental effects if the effects cannot be otherwise avoided or mitigated to a less than significant level. (4) Disapprove the project design and not proceed with the project’s final design and construction. (c) A contract awarded pursuant to this chapter by a school district for a project shall include terms specifying conditions set forth in subdivision (b) and shall condition the commencement of any activity beyond the design phase of the contract in compliance with applicable laws, including the California Environmental Quality Act. (d) A design-build entity or its subcontractors performing work on a project for a school district shall not engage in any activity, including demolition, excavation, grading, or construction, under a contract awarded pursuant to this chapter beyond the design phase unless the school district issues a notice pursuant to subdivision (a) of Section 21152 of the Public Resources Code, as applicable, and issues a notice to proceed with the construction. (e) For purposes of procuring and awarding a design-build contract for a project pursuant to this chapter, a school district is deemed to have complied with the California Environmental Quality Act if the school district complies with subdivision (b) and a contract awarded pursuant to this chapter contains the terms and conditions described in subdivision (c). (Added by Stats. 2019, Ch. 275, Sec. 1. (SB 743) Effective January 1, 2020.)
  45. 17250.30.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    Design-build entities must provide project bonds, the contract must require errors and omissions insurance, and the school district must create a standard bond form.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.30. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. (b) The design-build contract shall require errors and omissions insurance coverage for the design elements of the project. (c) The school district shall develop a standard form of payment and performance bond for its design-build projects. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.)
  46. 17250.35.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    A school district may name subcontractor types that must be included in a design-build proposal, and a design-build entity must follow set steps when awarding certain subcontract work.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.35. (a) The school district, in each design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (b) Following award of the design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. (2) Establish reasonable qualification criteria and standards. (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The foregoing process does not apply to construction subcontractors listed in the original proposal. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (Amended (as added by Stats. 2015, Ch. 752, Sec. 2) by Stats. 2016, Ch. 86, Sec. 56. (SB 1171) Effective January 1, 2017.)
  47. 17250.40.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    A school district may not withhold more than 5% retention from a design-build entity, and subcontractor withholding is generally capped at the contract percentage.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.40. (a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent. (b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, prior to or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.)
  48. 17250.45.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    This chapter does not affect, expand, alter, or limit other rights or remedies available at 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.45. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Section operative July 1, 2016, pursuant to Section 17250.50.)
  49. 17250.50.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

    Verify source ↗

    This chapter becomes operative on July 1, 2016.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.50. This chapter shall become operative on July 1, 2016. (Repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. (AB 1358) Effective January 1, 2016. Note: Delayed operative date applies to Chapter 2.5, commencing with Section 17250.10.)
  50. 17250.52.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. )

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    Projects using an alternative design-build contract entered into on or after January 1, 2023 must follow Chapter 2.6.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.5. Design-Build Contracts [17250.10 - 17250.52] ( Chapter 2.5 repealed (in Sec. 1) and added by Stats. 2015, Ch. 752, Sec. 2. ) ## 17250.52. Beginning January 1, 2023, a project using an alternative design-build contract, as defined in Section 17250.60, entered into on or after January 1, 2023, shall be governed by Chapter 2.6 (commencing with Section 17250.60). (Added by Stats. 2022, Ch. 571, Sec. 13. (AB 185) Effective September 27, 2022.)
  51. 17250.60.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

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    This section defines key terms used for alternative design-build school facility contracts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.60. For purposes of this chapter, the following definitions apply: (a) “Alternative design-build” means a project delivery process in which both the design and construction of a project are procured from a single design-build entity based on its proposed design cost, general conditions, overhead, and profit as a component of the project price. (b) (1) “Best value” means a value determined by evaluation of objective criteria that may include, but are not limited to, price, features, functions, life-cycle costs, experience, and past performance. (2) A best value determination may involve the selection of the lowest cost proposal meeting the interests of the school district and the objectives of the project, selection of the best proposal for a stipulated sum established by the procuring school district, or a tradeoff between price and other factors. (c) “Construction subcontract” means a subcontract awarded by the design-build entity to a subcontractor that will perform work or labor or will render service to the design-build entity in or about the construction of the work or improvement, or a subcontractor licensed by the state which, under subcontract to the design-build entity, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications produced by the design-build team. (d) “Design-build entity” means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services, as needed, pursuant to an alternative design-build contract. (e) (1) “Design-build team” means the design-build entity and the individuals or other entities identified by the design-build entity as members of its team. (2) Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. (f) “Project” means the construction of any school facility. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  52. 17250.61.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

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    A school district may use alternative design-build contracts for projects over $5,000,000 if its governing board approves, and it must create conflict-of-interest guidelines for those contracts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.61. (a) A school district, with approval of its governing board, may procure alternative design-build contracts for projects in excess of five million dollars ($5,000,000), awarding the contract to either the low bid or the best value. (b) The school district shall develop guidelines for a standard organizational conflict-of-interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the school district relating to the solicitation of an alternative design-build project, to submit a proposal as a design-build entity, or to join a design-build team. This conflict-of-interest policy shall apply to each school district entering into alternative design-build contracts authorized under this chapter. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  53. 17250.62.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

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    This section sets the steps for school districts using alternative design-build procurement, including required documents, qualifications screening, proposal requests, workforce commitments, and award announcements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.62. The procurement process for alternative design-build projects shall progress as follows: (a) (1) The school district shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include, but are not limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, workmanship, preliminary plans or building layouts, or any other information deemed necessary to describe adequately the school district’s needs. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California. (2) The documents shall not include a design-build-operate contract for a project. The documents, however, may include operations during a training or transition period, but shall not include long-term operations for a project. (b) The school district shall prepare and issue a request for qualifications in order to prequalify, or develop a short list of, the design-build entities whose proposals shall be evaluated for final selection. The request for qualifications shall include, but is not limited to, all of the following elements: (1) Identification of the basic scope and needs of the project or contract, the expected cost range, the methodology that will be used by the school district to evaluate proposals, the procedure for final selection of the design-build entity, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating qualifications, including technical design and construction expertise, acceptable safety record, and all other nonprice-related factors. (3) A standard template request for statements of qualifications prepared by the school district. In preparing the standard template, the school district may consult with the construction industry, the building trades and surety industry, and other school districts interested in using the authorization provided by this chapter. The template shall require the following information: (A) If the design-build entity is a privately held corporation, limited liability company, partnership, or joint venture, a listing of all of the shareholders, partners, or members known at the time of statement of qualification submission who will perform work on the project. (B) Evidence that the members of the design-build team have completed, or demonstrated the experience, competency, capability, and capacity to complete, projects of similar size, scope, or complexity, and that the proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the design-build entity has the capacity to complete the project. (C) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (D) Evidence that establishes that the design-build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (E) Information concerning workers’ compensation experience history and a worker safety program. (F) If the proposed design-build entity is a corporation, limited liability company, partnership, joint venture, or other legal entity, a copy of the organizational documents or agreement committing to form the organization. (G) An acceptable safety record. A proposer’s safety record shall be deemed acceptable if its experience modification rate for the most recent three-year period is an average of 1.00 or less, and its average total recordable injury or illness rate and average lost work rate for the most recent three-year period does not exceed the applicable statistical standards for its business category, or if the proposer is a party to an alternative dispute resolution system, as provided for in Section 3201.5 of the Labor Code. (4) (A) The information required under this subdivision shall be certified under penalty of perjury by the design-build entity and its general partners or joint venture members. (B) Information required under this subdivision that is not otherwise a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) shall not be open to public inspection. (c) (1) A design-build entity shall not be prequalified or shortlisted unless the entity provides an enforceable commitment to the school district that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (2) This subdivision shall not apply if any of the following requirements are met: (A) The school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce, and the entity agrees to be bound by that project labor agreement. (B) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district before January 1, 2023. (C) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (3) For purposes of this subdivision, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (d) Based on the documents prepared as described in subdivision (a), the school district shall prepare a request for proposals that invites prequalified or shortlisted entities to submit competitive sealed proposals in the manner prescribed by the school district. The request for proposals shall include, but need not be limited to, the following elements: (1) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the school district to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the school district to inform interested parties of the contracting opportunity. (2) Significant factors that the school district reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors. (3) The relative importance or the weight assigned to each of the factors identified in the request for proposals. (4) Where a best value selection method is used, the school district may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, in which case the school district shall so specify in the request for proposals and shall publish separately or incorporate into the request for proposals applicable procedures to be observed by the school district to ensure that any discussions or negotiations are conducted in good faith. (e) For those projects using low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or shortlisted design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder. (f) For those projects using best value as a selection method, the alternative design-build competition shall progress as follows: (1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following minimum factors, however, shall be weighted as deemed appropriate by the school district: (A) The proposing design-build entity’s design cost, general conditions, overhead, and profit as a component of the project price, unless a stipulated sum is specified. (B) Technical design and construction expertise. (C) Life-cycle costs over 15 or more years. (2) Pursuant to subdivision (d), the school district may hold discussions or negotiations with responsive proposers using the process articulated in the school district’s request for proposals. (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three proposers are required to be ranked. (4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the school district to have offered the best value to the public. (5) Notwithstanding any other law, upon issuance of a contract award, the school district shall publicly announce its award, identifying the design-build entity to which the award is made, along with a statement regarding the basis of the award. The contract awarded shall be subject to further negotiation and amendment pursuant to subdivision (c) of Section 17250.65. (6) The statement regarding the school district’s contract award, described in paragraph (5), and the contract file shall provide sufficient information to satisfy an external audit. (g) A contract awarded pursuant to this chapter shall be deemed a construction contract within the meaning of Section 17603, and subject to the requirements of Section 20118.4 of the Public Contract Code. For purposes of this section, “original contract price,” as used in Section 20118.4 of the Public Contract Code, means the negotiated price established pursuant to subdivision (c) of Section 17250.65. (Amended by Stats. 2023, Ch. 131, Sec. 26. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  54. 17250.64.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

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    For alternative design-build projects, the design-build entity must provide bonds required by the school district, and the contract must require errors and omissions insurance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.64. (a) The design-build entity shall provide payment and performance bonds for the project in the form and in the amount required by the school district, and issued by a California admitted surety. The amount of the payment bond shall not be less than the amount of the performance bond. (b) The alternative design-build contract shall require errors and omissions insurance coverage for the design elements of the project. (c) The school district shall develop a standard form of payment and performance bond for its alternative design-build projects. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  55. 17250.65.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

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    This section lets a school district set subcontractor requirements in an alternative design-build request and requires the design-build entity to follow a subcontract award process with notice, criteria, and selection rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.65. (a) The school district, in each alternative design-build request for proposals, may identify specific types of subcontractors that must be included in the design-build entity statement of qualifications and proposal. All construction subcontractors that are identified in the proposal shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (b) Following award of the alternative design-build contract, the design-build entity shall proceed as follows in awarding construction subcontracts with a value exceeding one-half of 1 percent of the contract price allocable to construction work: (1) Provide public notice of availability of work to be subcontracted in accordance with the publication requirements applicable to the competitive bidding process of the school district, including a fixed date and time on which qualifications statements, bids, or proposals will be due. (2) Establish reasonable qualification criteria and standards. (3) Award the subcontract either on a best value basis or to the lowest responsible bidder. The process may include prequalification or short-listing. The process described in this subdivision does not apply to construction subcontractors listed in the original proposal, including, but not limited to, the construction subcontractors that were identified as part of the design-build team. Subcontractors awarded construction subcontracts under this subdivision shall be afforded all the protections of Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (c) Construction subcontracts shall be subject to an open book evaluation by the school district. Based on the open book evaluation, the school district shall set the price of the alternative design-build contract. The alternative design-build contract may be subject to further negotiation or amendment. If the school district and the design-build entity are unable to reach an agreement, the school district may terminate the alternative design-build contract. (d) A licensed construction subcontractor that provides design services used on a project authorized by this chapter shall not be responsible for any liability arising from that subcontractor’s design if the construction subcontract for that design is not performed by that subcontractor. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  56. 17250.66.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

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    School districts may not withhold more than 5% retention from a design-build entity under this chapter, and related subcontractor retention is capped by the contract percentage unless a bond-related exception applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.66. (a) If the school district elects to award a project pursuant to this chapter, retention proceeds withheld by the school district from the design-build entity shall not exceed 5 percent. (b) In a contract between the design-build entity and a subcontractor, and in a contract between a subcontractor and any subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the contract between the school district agency and the design-build entity. If the design-build entity provides written notice to any subcontractor that is not a member of the design-build entity, before or at the time the bid is requested, that a bond may be required and the subcontractor subsequently is unable or refuses to furnish a bond to the design-build entity, then the design-build entity may withhold retention proceeds in excess of the percentage specified in the contract between the school district and the design-build entity from any payment made by the design-build entity to the subcontractor. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  57. 17250.67.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

    Verify source ↗

    A school district using the alternative design-build procurement method must submit a report to legislative policy and fiscal committees by January 1, 2028.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.67. (a) A school district that uses the alternative design-build procurement method pursuant to this chapter shall, no later than January 1, 2028, submit to the appropriate policy and fiscal committees of the Legislature a report on the use of the procurement method. (b) The report shall include, but is not limited to, the following information: (1) A description of the projects awarded using the alternative design-build procurement method. (2) The contract award amounts. (3) The design-build entities awarded the projects. (4) A description of any written protests concerning any aspect of the solicitation, bid, or award of the contracts, including the resolution of the protests. (5) A description of the prequalification process. (6) The number of subcontractors listed by construction trade type on each project that provided design services, but did not meet the target price for their scope of work and therefore did not perform construction services on that project. (7) Whether the school district used any portion of a design prepared by a subcontractor that did not perform the construction work. (8) The number of subcontractors listed by construction trade type on each project that meet the definition of a small business under subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 14837 of the Government Code. (9) The number of subcontractors listed by construction trade type on each project that meet the definition of a microbusiness under paragraph (2) of subdivision (d) of Section 14837 of the Government Code. (10) If a project awarded under this chapter has been completed, an assessment of the project performance, including, but not limited to, a summary of any delays or cost increases. (c) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  58. 17250.68.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

    Verify source ↗

    This section says the chapter governs alternative design-build projects entered into on or after January 1, 2023, and it does not change existing rights, remedies, or certain earlier contracts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.68. Beginning January 1, 2023, this chapter shall govern a project using an alternative design-build contract entered into on or after January 1, 2023. Nothing in this chapter affects, expands, alters, or limits any rights or remedies otherwise available at law. This chapter shall not affect, invalidate, or limit any design-build contract awarded before the effective date of this chapter in accordance with Chapter 2.5 (commencing with Section 17250.10), including any contract awarded under that chapter using an alternative design-build methodology. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, pursuant to Section 17250.69.)
  59. 17250.69.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. )

    Verify source ↗

    This chapter ends on January 1, 2029, when it is repealed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 2.6. Alternative Design-Build Contracts [17250.60 - 17250.69] ( Chapter 2.6 added by Stats. 2022, Ch. 571, Sec. 14. ) ## 17250.69. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2022, Ch. 571, Sec. 14. (AB 185) Effective September 27, 2022. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 2.6 commencing with Section 17250.60.)
  60. 17251.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The department must advise and support school districts on schoolsite selection, school facility standards, reviews, surveys, information, and related fees; the governing board may buy a site the department finds unsuitable only after a public hearing and review of the department’s report.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17251. The department shall: (a) Upon the request of the governing board of a school district, advise the governing board of the school district on the acquisition of new schoolsites and, after a review of available plots, give the governing board of the school district in writing a list of the recommended locations in the order of their merit, considering especially the matters of educational merit, safety, reduction of traffic hazards, and conformity to the land use element in the general plan of the city, county, or city and county having jurisdiction. The governing board of the school district may purchase a site deemed unsuitable for school purposes by the department only after reviewing the report of the department on proposed sites at a public hearing. The department shall charge the school district a reasonable fee for each schoolsite reviewed not to exceed the actual administrative costs incurred for that purpose. (b) Develop standards for use by a school district in the selection of schoolsites, in accordance with the objectives set forth in subdivision (a). The department shall investigate complaints of noncompliance with site selection standards, and shall notify the governing board of the school district of the results of the investigation. If that notification is received before the acquisition of the site, the governing board of the school district shall discuss the findings of the investigation in a public hearing. (c) Establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate, promote school safety, and provide school districts with flexibility in designing instructional facilities. (d) Upon the request of the governing board of a school district, review plans and specifications for school buildings in the school district. The department shall charge the governing board of a school district, for the review of plans and specifications, a reasonable fee not to exceed the actual administrative costs incurred for that purpose. (e) Upon the request of the governing board of a school district, make a survey of the building needs of the school district, advise the governing board of the school district concerning the building needs, and suggest plans for financing a building program to meet the needs. The department shall charge the school district, for the cost of the survey, a reasonable fee not to exceed the actual administrative costs incurred for that purpose. (f) Provide information relating to the impact or potential impact upon a schoolsite of hazardous substances, solid waste, safety, hazardous air emissions, and other information as the department may deem appropriate. (g) (1) Develop strategies to assist small school districts with technical assistance relating to school construction and the funding of school facilities. The strategies may include informing the districts of how to receive the approval required for school construction, including the requirements of the Division of the State Architect, and how to secure state funding, including from the state bond funds made available pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). (2) For purposes of this subdivision, “small school district” means a school district with fewer than 2,501 units of average daily attendance. (Amended by Stats. 2017, Ch. 837, Sec. 2. (AB 203) Effective January 1, 2018.)
  61. 17251.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district using exclusively local funds to acquire a potential schoolsite does not need prior final approval from the State Department of Education before adopting a resolution of necessity in eminent domain or before closing escrow on a voluntary purchase.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17251.5. Notwithstanding any law, when using exclusively local funds for acquisition of a potential schoolsite, a school district is not required to receive final approval of a site by the State Department of Education prior to adopting a resolution of necessity in an eminent domain proceeding or prior to closing escrow on a site purchase through voluntary sale. (Added by Stats. 2002, Ch. 33, Sec. 26. Effective April 29, 2002.)
  62. 17252.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Money collected by the State Department of Education under this article must be available for the department’s use, subject to legislative 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17252. All money collected by the State Department of Education under the provisions of this article shall be available for the use of the department pursuant to appropriations for any use that may from time to time be made by the Legislature. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  63. 17253.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    When evaluating schoolsites, the State Department of Education must not require mitigation for potential dam breach inundation of the Domenigoni Valley Reservoir Project if the Department of Water Resources is exercising regulatory control over that 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17253. (a) The Legislature finds and declares the following: (1) The Department of Water Resources, pursuant to Division 3 (commencing with Section 6000) of the Water Code, exercises regulatory control over dam safety in the State of California. (2) The department approves all plans and specifications, certifies that any dam is safe to impound water, periodically inspects all dams for the continuing safety of all impounding structures, and may revoke any certification allowing impoundment of water if it is determined that the dam is a danger to life and property. (b) If the Department of Water Resources has asserted and continues to exercise its regulatory control over the Domenigoni Valley Reservoir Project, the State Department of Education, when evaluating schoolsites, shall not require mitigation related to potential dam breach inundation of the Domenigoni Valley Reservoir Project. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  64. 17255.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Energy Resources Conservation and Development Commission must recommend energy-efficient design practices for new public schools and report the recommendations to the Governor and Legislature by October 1, 2003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17255. The Energy Resources Conservation and Development Commission shall, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, recommend best design practices that include energy efficiency measures for all new public schools. The practices and measures shall have as a goal incorporating energy efficiency design and technologies that would provide the greatest amount of energy efficiency savings within a cost recapture period of seven years. The commission may additionally recommend best design practices and measures that would be cost-effective taking into consideration life-cycle costs. The recommendations shall be reported to the Governor and the Legislature by October 1, 2003. (Added by Stats. 2002, Ch. 498, Sec. 1. Effective January 1, 2003.)
  65. 17256.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The department and the Office of Public School Construction must each develop regulations giving local educational agencies flexibility in designing instructional facilities, and those regulations must be consistent with the Leroy F. Greene School Facilities Act of 1998 as it read on January 1, 2015.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17256. The department and the Office of Public School Construction shall each develop regulations that provide local educational agencies with flexibility in the design of instructional facilities under this article and the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10) for consideration by the state board and the State Allocation Board. The regulations shall be consistent with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as it read on January 1, 2015. (Added by Stats. 2017, Ch. 837, Sec. 4. (AB 203) Effective January 1, 2018.)
  66. 17260.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    In this article, “school buildings” means the same as in Section 17283.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17260. As used in this article “school buildings” shall have the same meaning as in Section 17283. (Amended by Stats. 1998, Ch. 407, Sec. 5. Effective August 27, 1998.)
  67. 17261.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The State Allocation Board must obtain school building construction plans for different climates and geographic conditions, and those plans may include optional landscape and high-performance design features.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17261. The State Allocation Board shall obtain construction plans for school buildings appropriate for school districts in various climates and geographical conditions of the state. The plans shall be composed of plans designed to meet the needs of school districts requiring school buildings of various sizes. The plans may include landscape suggestions. The plans may include designs that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high performance schools. (Amended by Stats. 2006, Ch. 35, Sec. 13. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
  68. 17262.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district may request plans and specifications from the State Allocation Board, and the Board must provide them if the district pays the Board’s actual expense, capped at 2% of the project 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17262. Any school district may request sets of the plans and specifications obtained by the State Allocation Board as appropriate for use in constructing a school building of the type desired by the school district. The plans and specifications shall be furnished to the school district subject to the payment by the school district of the actual expense incurred by the State Allocation Board, but that payment shall not exceed more than 2 percent of the total cost of the project. Any payments received for the plans and specifications shall be paid into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, or the 2004 State School Facilities Fund, as appropriate. (Amended by Stats. 2002, Ch. 33, Sec. 27. Effective April 29, 2002.)
  69. 17263.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The board must submit school building plans, specifications, and cost estimates to the Department of General Services for 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17263. The plans and specifications for any school building as defined in Section 17283, together with estimates of cost, shall be submitted by the board to the Department of General Services for approval. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  70. 17264.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School building plans for new or modernized elementary schools must include space for before- and after-school child care, unless the State Allocation Board waives the requirement for hardship. Funding for child care programs under this chapter is barred unless the program is open without regard to religion, has no religious instruction, and does not use the space to foster religion during program time.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17264. (a) Commencing January 1, 1992, all plans and specifications for the construction of a new or modernized elementary school building shall be designed to provide appropriate space, consistent with the needs of the attendance area of the school, to accommodate before-school and after-school child care programs. The State Allocation Board may waive this requirement if it determines that the school district will experience an educational or financial hardship in this accommodation. (b) For purposes of this section, first consideration in the design of space to be used for the before-school and after-school child care programs shall be within the multipurpose room. (c) For purposes of this section, the terms “new construction” and “modernization” shall have the same meaning as those words are used in Chapter 12 (commencing with Section 17000) of Part 10. (d) No funding shall be made available to any child care program or facility pursuant to this chapter unless all of the following conditions are met: (1) The program facility is open to children without regard to any child’s religious beliefs or any other factor related to religion. (2) No religious instruction is included in the program. (3) The space in which the program is operated is not utilized in any manner to foster religion during the time used for the program. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  71. 17265.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section says certain school-building provisions apply to school buildings built from plans and specifications supplied under specified sections, unless those sections say otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17265. All provisions of Sections 17280 to 17313, inclusive, are made applicable to school buildings as defined in Section 17283 constructed from plans and specifications furnished under Sections 17260 to 17267, inclusive, except as otherwise provided in the latter sections. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  72. 17266.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The district must provide its own architect, structural engineer, or both for necessary structural engineering and construction supervision.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17266. The district shall furnish its own architect or structural engineer, or both, for necessary structural engineering and supervision of construction. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  73. 17267.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board must file the plans and specifications with the Department of General Services before letting a contract to build a school building, and the filing must include the required fee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17267. The governing board of a school district shall, before letting any contract for the construction of a school building as defined in Section 17283 according to the plans and specifications, file a set of the plans and specifications with the Department of General Services accompanied by a filing fee pursuant to Section 17300. (Amended by Stats. 2017, Ch. 19, Sec. 1. (AB 111) Effective June 27, 2017.)
  74. 17268.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may not approve certain new school construction projects unless specified schoolsite requirements are met, with exceptions for minor additions and certain older sites.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Plans [17260 - 17268] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17268. (a) The governing board of a school district that elects not to receive state funds pursuant to Chapter 12.5 (commencing with Section 17070.10) may not approve a project for the construction of a new school building, as defined in Section 17283, unless the project and its lead agency comply with the same requirements specified in subdivision (a) of Section 17213 for schoolsite acquisition. (b) As a condition to receiving state funds pursuant to Chapter 12.5 (commencing with Section 17070.10, the governing board of a school district may not approve a project for the construction of a new school building or schoolsite on leased or acquired land unless the project and the school district comply with the requirements specified in Sections 17213.1 and 17213.2. (c) The project shall not be subject to subdivision (b) for a minor addition to a school if the project is eligible for a categorical or statutory exemption under guidelines issued pursuant to Section 21083 of the Public Resources Code, as set forth in the California Environmental Quality Act. (d) “School building,” as used in this section, means any building designed and constructed to be used for elementary or secondary school purposes by a school district. (e) The requirements of Sections 17213, 17213.1 and 17213.2 shall not apply to a schoolsite if the acquisition occurred prior to January 1, 2000, to the extent a school district is subject to the requirements set forth in those sections pursuant to a judicial order or an order issued by, or an agreement with the Department of Toxic Substances Control regarding that site, and the school district is in full compliance with that order or agreement. (f) For purposes of this section, the acceptance of construction bids shall constitute approval of the project. (Amended by Stats. 1999, Ch. 992, Sec. 5. Effective January 1, 2000.)
  75. 17280.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services must oversee school building construction and ensure compliance with approved plans, regulations, and Title 24 standards, and school districts face limits and consequences if they do not comply.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17280. (a) (1) The Department of General Services under the police power of the state shall supervise the design and construction of any school building or the reconstruction or alteration of or addition to any school building, if not exempted under Section 17295, to ensure that plans and specifications comply with the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Nothing in this section shall be construed to allow a school district to perform work with its own forces in excess of the limitations set forth in Sections 17595 and 17599. In calculating the cost of any project of reconstruction or alteration of, or addition to, any school building for the purpose of determining the applicability of the rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations, the Department of General Services shall not include, as an element of that cost, any expenses of air-conditioning equipment or insulation materials for that building, or of installing the equipment or materials. (2) In the alternative, for a leased or purchased building, a school district may comply with this section by complying with Section 17280.5. (b) Whenever repairs due to fire damage, not including any damage caused by wind or earthquake, must be made to any school building previously approved by the Department of General Services, the approved plans and specifications used in the original work under then existing rules, regulations, and building standards may be used without modification, providing all other provisions of this article are carried out. (c) Notwithstanding any other provision of law, no school district shall be authorized to construct or reconstruct any school building, regardless of the source of funding, unless and until the governing board of the district, by resolution, has indicated the agreement of the district that any school building construction or reconstruction that exceeds those construction costs and allowable area standards or any allowable building area computed for an attendance area pursuant to Section 17041 shall, in the event of the district’s subsequent application for state funding for school facility construction, be deducted from the allowable building area for which the district would otherwise have been eligible, which restriction shall not be subject to waiver or exception as otherwise may be provided by law. (d) If it is determined that, for any reason, a school district failed to comply with the requirement of this section, the district shall not be eligible for any additional building area pursuant to Section 17049 and may be denied any time priority established for the particular project pursuant to Section 17016. (Amended by Stats. 2002, Ch. 33, Sec. 28. Effective April 29, 2002.)
  76. 17280.1.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The State Architect must make certain written rules and regulations available to the public on 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17280.1. Written rules and regulations adopted pursuant to this article to clarify the application of the California Building Standards Code shall be made available to the public by the State Architect upon request. (Added by Stats. 2004, Ch. 642, Sec. 1. Effective January 1, 2005.)
  77. 17280.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Seismic Safety Commission must convene an advisory committee, and the committee and Commission must complete specified studies, reports, and determinations about a possible regulatory process. If that process is found possible, the State Architect must draft and issue emergency regulations by April 1, 2003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17280.5. (a) The Seismic Safety Commission shall convene an advisory committee that shall include, but not be limited to, the State Architect, the State Fire Marshall, representatives from the major professional associations representing architects, engineers, and school facilities designers, and other interested parties. (b) The advisory committee shall convene by August 19, 2002, and shall study and report on whether a regulatory process may be developed that will allow the State Architect to determine whether a building not originally constructed in compliance with the Field Act, as defined in Section 17281, and its implementing regulations either meets, or can be retrofitted to meet, the equivalent pupil safety performance standard as a building constructed according to the Field Act and its implementing regulations. If the advisory committee finds that the regulatory process may be developed, the advisory committee, shall include within its report the facts and rationale supporting the finding and the essential steps required in that regulatory process. The advisory committee shall report its findings to the Seismic Safety Commission by December 31, 2002. (c) By January 8, 2003, and after reviewing the advisory committee’s findings, the Seismic Safety Commission shall make a determination as to whether the regulatory process described in subdivision (b) may be developed, and shall report that determination to the Governor and the Legislature. (d) If the Seismic Safety Commission determines that the regulatory process may be developed, the State Architect shall draft regulations to establish that regulatory process and to delineate the required retrofitting, deconstructive testing, continuous inspection procedures, and other necessary certifications and requirements that must be completed for a building to ensure it meets the equivalent pupil safety performance standard as a building constructed according to the Field Act and its implementing regulations. The State Architect shall promulgate the regulations on or before April 1, 2003, as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (e) Notwithstanding any law, a leased or purchased building that is determined to have the equivalent pupil safety performance standard as a building constructed according to the Field Act and implementing regulations is hereby deemed to be in full compliance with the safety requirements of a school building as set forth in Section 17280, and is hereby deemed to be in full compliance with the Field Act. (Added by Stats. 2002, Ch. 33, Sec. 29. Effective April 29, 2002.)
  78. 17281.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section says the article, together with two other cited articles, is known as the “Field Act.”

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17281. This article, together with Article 6 (commencing with Section 17365), and Article 7 (commencing with Section 81130) of Chapter 1 of Part 49, shall be known and may be cited as the “Field Act.” (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  79. 17282.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Damaged school-facility reviews and approvals must be expedited, with a 60-day maximum after complete submission.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17282. (a) It is the intent of the Legislature to expedite the repair, alteration, and reconstruction of school facilities that have been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disasters, to return those school facilities to a condition that makes them useful to school districts in the least amount of time and at the lowest appropriate cost while maintaining the integrity and safety of the structure as required by the laws of this state. (b) Notwithstanding any other law, if a school facility has been damaged or destroyed by fire, earthquake, flood, or other manmade or natural disaster, all reviews or approvals required by this article shall be expedited. In no event shall any review or approval exceed 60 days, excluding weekends and holidays, from the date of receipt of all complete plans, specifications, and documentation for the facilities from the district. (c) If, upon review, the plans or specifications require minor amendment or modification, these minor amendments or modifications shall not delay the completion of the review or approval beyond the 60-day requirement specified in subdivision (b) unless the amendment or modification constitutes a major substantive change affecting the entire project. While any minor amendments or modifications are being undertaken, the remainder of the project shall continue under review so that a timely and adequate review may be completed within the 60-day requirement of subdivision (b). (d) A state agency that is required to perform any review or approval under this article may hire additional personnel or incur any additional costs necessary to perform the review or approval within the time limits set forth in this section and shall charge the district a fee not to exceed the actual cost of the review or approval. (e) As used in this section, “damaged” means damages to the extent that occupancy is precluded based upon a report of an architect or a structural engineer and the concurrence of the Department of General Services in the report’s conclusion that the occupancy of the premises is precluded. (f) The expedited review and approval required by this section shall not apply if the documents are not submitted within six months of the damage to, or destruction of, the facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  80. 17282.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Division of the State Architect must develop uniform precheck criteria for solar design plans, and the Department of General Services must review qualifying applications within 45 days or corrected applications within 10 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17282.5. (a) On or before January 1, 2010, the Division of the State Architect within the Department of General Services shall develop uniform criteria for precheck approval processes for solar design plans, including structural plans and calculations, for a school facility that comply with rules and regulations adopted pursuant to this article and building standards published in Title 24 of the California Code of Regulations. The criteria shall include provisions to ensure fire and life safety. (b) The Department of General Services shall complete the review of a solar design plan application submitted by a school district that conforms with the criteria established pursuant to subdivision (a) within 45 calendar days of the receipt of a complete application. If the Department of General Services requests an applicant to submit a corrected application, the Department of General Services shall act on the corrected application within 10 calendar days of the date the applicant submits the corrected complete application to that department for approval. (Amended by Stats. 2009, Ch. 140, Sec. 48. (AB 1164) Effective January 1, 2010.)
  81. 17283.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines “school building” 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17283. “School building” as used in this article means and includes any building used, or designed to be used, for elementary or secondary school purposes and constructed, reconstructed, altered, or added to, by the state or by any city or city and county, or by any political subdivision, or by any school district of any kind within the state, or by any regional occupational center or program created by or authorized to act by an agreement under joint exercise of power, or by the United States government, or any agency thereof. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  82. 17283.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section excludes certain school-district residential housing from the term “school building” and defines “residential housing” for this 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17283.5. (a) For the purposes of this article, Article 5 (commencing with Section 17350), and Article 6 (commencing with Section 17365), “school building” does not include any building used or intended to be used by a school district as residential housing. (b) As used in this section, “residential housing” means any building used as a personal residence by a teacher or employee of a school district, with the teacher’s or employee’s family, if applicable. (Added by Stats. 2021, Ch. 49, Sec. 1. (AB 306) Effective January 1, 2022.)
  83. 17284.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Some county-operated school buildings that were already in violation may keep being used after June 30, 1975, but only with State Allocation Board authority and required filings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17284. Any school building, as defined in Section 17283, operated by a county official, board, or commission which on the effective date of this section is in violation of this article, if compliance therewith was otherwise required, may be continued in use as a school building after June 30, 1975, provided that no building shall be operated after that date unless the county official, board, or commission requests and obtains from the State Allocation Board authority for use of the building for a specific period after that date. Concurrent with the request the county official, board, or commission shall file with the State Allocation Board a statement or resolution declaring an intention to utilize the building as a school building after June 30, 1975, pending its repair, reconstruction, or replacement. The State Allocation Board shall not authorize the county official, board, or commission to use the building after June 30, 1975, unless it has first determined that the affected authority has already proceeded with a plan of total repair, reconstruction, or replacement in a timely manner and the contract has been let for any phase of, and work commenced on, the project. In no event shall the State Allocation Board authorize the use of these unsafe facilities for a period extending beyond the completion of the replacement facilities or beyond June 30, 1977, whichever occurs first. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  84. 17284.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A qualifying waiver was extended until January 1, 2002 if the building work started before January 1, 2001 and was still unfinished then.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17284.5. (a) Notwithstanding any provision of law to the contrary, any waiver granted by the State Allocation Board to a school district for use of a nonconforming existing private building acquired for conversion for use as a school building, that had not expired prior to January 1, 2000, is hereby extended until January 1, 2002, if the work to make the building a conforming structure commenced prior to January 1, 2001, but had not been completed by that date. (Amended by Stats. 2000, Ch. 202, Sec. 1. Effective January 1, 2001.)
  85. 17285.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section lets a school district lease certain nonconforming commercial buildings for school use only if specified safety and review conditions are met, and it limits personal liability for district board members and employees in that situation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17285. (a) Notwithstanding any provision of law except Sections 17286, 17287, 17405, and this section, a leased building that does not meet the requirements of Section 17280 may not be used as a school building, as defined in Section 17283, after September 1, 1990. (b) A school district may lease a commercial building prior to January 1, 2003, that does not meet the requirements of Section 17280, for use as a school building, as defined in Section 17283, if the governing board of the district finds that all of the following conditions have been met: (1) The building was constructed in accordance with seismic safety standards for commercial buildings constructed within an earthquake zone. (2) The building permit for the initial construction of the building was issued on or after January 1, 1990. (3) A structural engineer has inspected the building and submitted a report to the governing board of the school district that certifies that the building is in substantial compliance with the requirements of the Field Act. This certification requirement is satisfied if the structural engineer affixes his or her seal of approval to the report and he or she attests in that report that to the best of his or her knowledge: (A) He or she has reviewed the design calculations, construction documents, and the local government construction inspection records of the building to the extent available. (B) He or she has authorized testing and has observed or reviewed the test results and the inspections of an adequate sample of the structure’s welds, anchor bolts, and other structural elements. (C) He or she has observed that the overhead nonstructural elements, including, but not limited to, light fixtures, heating, and air-conditioning diffusers are adequately braced or anchored. The governing board of the school district shall submit the report to the Division of the State Architect for its review. The Division of the State Architect has one month to review the report for compliance with the above requirements, and to provide feedback to the structural engineer regarding any insufficiencies with the report, and whether or not the building is in substantial compliance with the requirements of the Field Act. If the Division of the State Architect does not respond within one month of the final and complete report being submitted, the Division of the State Architect will be deemed to have concurred with the structural engineer’s report. A final decision by the governing board of the school district to occupy the building for school purposes shall not occur until the governing board has reviewed and considered the feedback of the Division of the State Architect, or the one month review period has passed. No member of the governing board of a school district, nor any employee of a school district, shall be held personally liable for injury to persons or damage to property resulting from the fact that the governing board of the school district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 17280. This exemption from personal liability for members of the governing board and employees of a school district is not intended to limit the liability of the school district for injury to persons or damage to property resulting from the fact that the governing board or any employee of the school district used a commercial building pursuant to this subdivision for a school and the building was not constructed under the requirements of Section 17280. This exemption from personal liability for members of the governing board and employees of a school district is not intended to limit the liability of the school district, the governing board or the district’s employees pursuant to Section 835 of the Government Code. Section 17312 is not applicable to a person who, pursuant to this section, leases or uses a building for a school building that meets the requirements of this section but does not meet the requirements of Section 17280. Approval and use of a building pursuant this subdivision does not constitute a violation of the Field Act. (c) A building leased pursuant to Section 17280 may be used after September 1, 1991, as a regional occupational center or program that does not meet the requirements of Section 17280, provided the building satisfies all of the following conditions: (1) The facility is one of the following: (A) A single-story, wood-framed structure. (B) A single-story, light steel frame structure. (C) A structure for which a structural engineer has submitted a report that certifies that substantial structural hazards do not exist, as to that structure. The governing board of the regional occupational center or program, as provided for under Section 52310.5, shall review the report prior to approval of the lease and may reject the report if there is any evidence of fraud regarding the facts in the report. (2) The building or structure complies with all applicable local building standards and all applicable local health and safety standards in the community in which it is located. (3) The governing board of the regional occupational center or program, as provided for under Section 52310.5, certifies to the State Allocation Board that reasonable efforts have been made to locate the regional occupational center or program in facilities that conform to the seismic safety standards set forth in Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (Amended by Stats. 2012, Ch. 728, Sec. 23. (SB 71) Effective January 1, 2013.)
  86. 17286.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A building used mainly for non-educational purposes is not treated as a school building, even if it has incidental educational use.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17286. Where the primary use of either a building or complex within which the building is situated, operated by an official or board of a city, city and county or county, is for purposes other than educational, such as, but not limited to, correctional, forestry, or hospital purposes, the building shall not be considered to be a “school building” within the meaning of Section 17283 notwithstanding any educational use thereof incidental to the primary purpose. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  87. 17287.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines “school building” and excludes certain outdoor science/conservation/forestry buildings and agricultural education laboratory 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17287. For the purposes of this article and Article 6 (commencing with Section 17365), “school building” does not include (a) any building of a school district or county superintendent of schools which is used solely for classes or programs in outdoor science, conservation, and forestry in accordance with Article 5 (commencing with Section 8760) of Chapter 4 of Part 6 and which does not occupy, in whole or in part, the same parcel of land upon which there is situated any school maintained by the district or county superintendent, or (b) agricultural education laboratory facilities used primarily for plant and animal production or the storage of materials, equipment, and supplies involved in this production. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  88. 17288.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School officials must give parents or guardians written notice before certain students attend classes on a university campus, and the notice should be bundled with existing related notices where possible.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17288. (a) Notwithstanding Section 17285, any high school pupil who attends a class or classes on a campus of the University of California or the California State University in order to receive specialized educational services and opportunities authorized by Chapter 6 (commencing with Section 58800) of Part 31 and any adult attending a special education program established pursuant to Part 30 (commencing with Section 56000), is considered a pupil of that campus for the purposes of Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. Any building or structure or portion of building or structure that pupils occupy pursuant to this section shall not be considered “school buildings” within the meaning of Section 17283. (b) The governing board of each school district, each county board of education, or each county superintendent of schools, as appropriate, shall notify, in writing, the parent or guardian of each high school pupil who attends a class or classes authorized by Chapter 6 (commencing with Section 58800) of Part 31 and each adult attending a special education program established pursuant to Part 30 (commencing with Section 56000), prior to the pupil’s attendance at the class on a university campus that, although University of California and California State University buildings are required to conform to the rigorous standards of the Uniform Building Code (UBC), the buildings on the university campuses may not meet the requirements of Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5. This notice shall accompany, to the greatest extent possible, any existing notification to parents or guardians regarding specialized educational services and opportunities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  89. 17289.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School districts and county offices of education may ask the State Allocation Board for an exemption for certain buildings used for independent study, if the stated 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17289. In order to provide alternative, community-based educational opportunities through independent study, any school district or county office of education may request an exemption from the State Allocation Board for a building or structure, or portion of a building or structure, from the definition of “school buildings” within the meaning of Section 17283. The exemptions may be granted for no longer than two years and exemptions are renewable. An exemption may only be granted if the school district or county office of education demonstrates to the satisfaction of the State Allocation Board all of the following: (a) The building or structure, or portion of building or structure, satisfies all of the following: (1) It is not located on a regular schoolsite. (2) It complies with all applicable local building standards and all relevant local health and safety standards in the community in which it is located. (3) It is used for independent study. (4) It serves fewer than 25 pupils enrolled in kindergarten or any of the grades 1 to 12, inclusive, at any one time in the building or structure, or in a portion of a building or structure where the remainder of the building or structure is not used for instructional purposes. (b) The use of the building or structure is critical to providing an effective alternative, community-based program. (c) The use of other buildings or structures that would meet seismic safety standards for school facilities is not practical. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  90. 17291.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Owned relocatable buildings or structures used for school purposes are subject to Articles 3 and 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17291. (a) An owned relocatable building or structure that is to be used for school purposes shall be subject to the provisions of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). (b) Notwithstanding any other provision of law, this section shall become operative on September 30, 1997. (Amended (as to be added by Stats. 1996, Ch. 277) by Stats. 1997, Ch. 320, Sec. 2. Effective August 18, 1997. As amended, this section initially became operative on September 30, 1997, by Sec. 10 of Ch. 320 (and by its own provisions).)
  91. 17292.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Certain owned or leased relocatable buildings may be used as school buildings until September 30, 2015 if listed 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17292. (a) Notwithstanding any provision of law, an owned or leased relocatable building that does not meet the requirements of Section 17280 may be used until September 30, 2015, as a school building, if all of the following conditions are met: (1) The relocatable building was manufactured and was in use for classroom purposes on or before May 1, 2000, and bears a commercial coach insignia of approval from the Department of Housing and Community Development. (2) The relocatable building is a single story structure with not more than 2,160 square feet of interior floor area when all sections are joined together. (3) The relocatable building was constructed after December 19, 1979, and bears a commercial coach insignia of approval from the Department of Housing and Community Development. (4) The bracing and anchoring of interior overhead nonstructural elements, such as light fixtures and heating and air-conditioning diffusers, and the foundation system complies with the applicable rules and regulations adopted pursuant to this article and published in Title 24 of the California Code of Regulations. (5) The building construction, including associated site construction, except for the relocatable building defined in paragraph (2), complies with the applicable rules and regulations adopted pursuant to this article, Sections 4450 to 4458, inclusive, of the Government Code, and Section 13143 of the Health and Safety Code and the administrative and building standards published in Title 19 and Title 24 of the California Code of Regulations. (6) The relocatable building is anchored to the ground to resist earthquake and wind loads. (7) The school district has certified to the Department of General Services that the relocatable building complies with the requirements of this subdivision. (8) The Department of General Services has issued a certification of compliance with the requirements of this article. (b) The Department of General Services may assess fees to carry out the requirements of this section. Fees imposed pursuant to this subdivision shall be equal to the costs associated with making the certifications and inspections required by, and otherwise enforcing, this section and shall be deposited in the Public School Planning, Design, and Construction Review Revolving Fund. (c) For each relocatable building that was used as a school building pursuant to this section, the governing board of the school district shall adopt a resolution by October 30, 2015, certifying to the State Allocation Board that commencing September 30, 2015, the relocatable building is no longer being used as a school building. (Amended by Stats. 2006, Ch. 308, Sec. 1. Effective January 1, 2007.)
  92. 17292.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a school district governing board runs an expelled-pupils program, it must use compliant facilities, apply for emergency portable classrooms, or lease facilities only under the stated structural-safety condition. Before leasing, it must certify to the State Allocation Board that it tried to find compliant 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17292.5. (a) If the governing board of a school district operates a program for expelled pupils, the governing board shall do one or more of the following: (1) Utilize available school facilities that conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations. (2) Apply for emergency portable classrooms pursuant to Chapter 25 (commencing with Section 17085) of Part 10. (3) Enter into lease agreements for facilities, provided that the facilities are limited to a structure where a structural engineer has submitted a report that determines substantial structural hazards do not exist. (b) Before entering into any lease pursuant to paragraph (3) of subdivision (a), the governing board of the school district shall certify to the State Allocation Board that all reasonable efforts have been made to locate the program in facilities that conform to the structural safety standards listed in paragraph (1) of subdivision (a). (Amended by Stats. 2012, Ch. 728, Sec. 24. (SB 71) Effective January 1, 2013.)
  93. 17293.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A county superintendent or school district may lease school facilities for a new or expanded pregnant and parenting teen program if specified facility and application conditions are met, and it must complete safety review and certification steps.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17293. (a) On or after January 1, 1993, if a county superintendent or school district elects to operate a new or expanded pregnant and parenting teen program pursuant to Article 7.1 (commencing with Section 54740) of Chapter 9 of Part 29, the county superintendent or school district may enter into lease agreements for school facilities as set forth in subdivision (b), if both of the following conditions are met: (1) All available school facilities conform to the requirements of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17320). (2) If facilities meeting the requirements of paragraph (1) are not available, the school district or county superintendent of schools has applied to lease or purchase emergency portable classrooms pursuant to Chapter 14 (commencing with Section 17085) of Part 10 and the application was either not approved or the portable classrooms approved will not meet the needs of the county superintendent of schools or the school district. (b) Notwithstanding any other provision of law, the county superintendent or the school district may enter into lease agreements as follows: (1) A report and certification of safety shall be prepared by a structural engineer that verifies that the building meets local safety standards and that substantial structural hazards do not exist. The county board of education or school district governing board, as the case may be, shall review the report and certification prior to the approval of the lease and may reject the report if there is evidence of fraud regarding the facts in the report. In addition, the county board of education or the governing board of the school district shall cause to be prepared and maintained on file a report and certification of safety by a structural engineer every five years from the date of the initial lease as long as the building continues to be used and a statement that the building continues to meet local safety standards and that structural hazards do not exist. (2) Before entering into any lease, the county superintendent or the school district shall certify that all reasonable efforts have been made to locate programs in facilities that conform to paragraph (1) or (2) of subdivision (a). (Amended by Stats. 1998, Ch. 1078, Sec. 8. Effective January 1, 1999. Became operative on July 1, 2000, pursuant to Sec. 13 of Ch. 1078.)
  94. 17294.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines “construction or alteration” for this article to include construction, reconstruction, alteration, or additions to any school building.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17294. “Construction or alteration” as used in this article includes any construction, reconstruction, or alteration of, or addition to, any school building. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  95. 17295.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School building plans must be reviewed by the Department of General Services, and certain projects require engineer review, certification, and timely completion reporting.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17295. (a) (1) The Department of General Services shall pass upon and approve or reject all plans for the construction or, if the estimated cost exceeds one hundred thousand dollars ($100,000), the alteration of any school building. (2) To enable the Department of General Services to pass upon and approve plans pursuant to this subdivision, the governing board of each school district and any other school authority before adopting any plans for the school building shall submit the plans to the Department of General Services for approval, and shall pay the fees prescribed in this article. (b) Notwithstanding subdivision (a), where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds one hundred thousand dollars ($100,000), but does not exceed two hundred twenty-five thousand dollars ($225,000), a licensed structural engineer shall examine the proposed project to determine if it is a nonstructural alteration or a structural alteration. If he or she determines that the project is a nonstructural alteration, he or she shall prepare a statement so indicating. If he or she determines that the project is structural, he or she shall prepare plans and specifications for the project which shall be submitted to the Department of General Services for review and approval. A copy of the engineer’s report stating that the work does not affect structural elements shall be filed with the Department of General Services. (c) If a licensed structural engineer submits a report to the Department of General Services stating that the plans or activities authorized pursuant to subdivision (b) do not involve structural elements, then all of the following shall apply to that project: (1) The design professional in responsible charge of the project undertaken pursuant to this subdivision shall certify that the plans and specifications for the project meet any applicable fire and life safety standards, and do not affect the disabled access requirements of Section 4450 of the Government Code, and shall submit this certification to the Department of General Services. The letter of certification shall bear the identifying licensing stamp or seal of the design professional. This paragraph does not preclude a design professional from submitting plans and specifications to the Department of General Services along with the appropriate fee for review. (2) Within 10 days of the completion of any project authorized pursuant to subdivision (b), the school construction inspector of record on the project, who is certified by the Department of General Services to inspect school buildings, shall certify in writing to the Department of General Services that the reconstruction, alteration, or addition has been completed in compliance with the plans and specifications. (3) The dollar amounts cited in this section shall be increased on an annual basis, commencing January 1, 2018, by the Department of General Services according to an inflationary index governing construction costs that is selected and recognized by the Department of General Services. (4) No school district shall subdivide a project for the purpose of evading the limitation on amounts cited in this section. (d) For purposes of this section, “design professional in responsible charge” or “design professional” means the licensed architect, licensed structural engineer, or licensed civil engineer who is responsible for the completion of the design work involved with the project. (Amended by Stats. 2016, Ch. 31, Sec. 19. (SB 836) Effective June 27, 2016.)
  96. 17296.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Certain school-based facilities are exempt from Department of General Services plan approval if they meet specified location, program, code, and local approval 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17296. Notwithstanding any other law, a school-based facility providing social services or support services, or health care, that is established through agreements with local governments and school districts pursuant to Chapter 5 (commencing with Section 8800) of Part 6 or as part of an integrated children’s services program pursuant to Chapter 12.82 (commencing with Section 18986.40) of Part 6 of Division 9 of the Welfare and Institutions Code, respectively, is located on school property, and meets all the requirements of the Uniform Building Code and has been approved by the building department of the appropriate local jurisdiction, as well as those of the appropriate local jurisdiction, shall not be required to obtain approval of plans by the Department of General Services pursuant to Section 17295. (Amended by Stats. 2017, Ch. 561, Sec. 28. (AB 1516) Effective January 1, 2018.)
  97. 17297.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a contract is let for construction or alteration of a school building, the plans must first be written-approved by the Department of General Services, unless Section 17298 applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17297. Except as provided in Section 17298, before letting any contract for any construction or alteration of any school building, the written approval of the plans, as to safety of design and construction, by the Department of General Services, shall be first had and obtained. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  98. 17298.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before starting fabrication, construction, or alteration of a previously approved relocatable school building, written plan approval from the Department of General Services must be obtained first.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17298. Before the commencement of any fabrication, construction, or alteration of a relocatable school building of a type previously approved by the Department of General Services, the written approval of the plans, as to the safety and design of construction, by the Department of General Services, shall be first had and obtained. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  99. 17299.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    An application for plan approval must be accompanied by the required plans, specifications, structural design computations, and cost estimates, and they must comply with requirements set by the Department 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17299. In each case the application for approval of the plans shall be accompanied by the plans and full, complete, and accurate specifications, and structural design computations, and estimates of cost, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  100. 1730.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4. Supervision of Instruction [1730 - 1732] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may hire supervisors, but only with county board approval, to supervise instruction in certain low-attendance elementary and unified 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 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 4. Supervision of Instruction [1730 - 1732] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 1730. The county superintendent of schools may, with the approval of the county board of education, employ supervisors to supervise instruction in the elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year and in the elementary schools of unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year. The services of supervisors shall be made available in such elementary and unified districts in which adequate supervision of instruction is not being provided by the district. (Enacted by Stats. 1976, Ch. 1010.)
  101. 17300.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    An application must be filed with a fee, and the fee is based on the project’s estimated 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17300. (a) The application shall be accompanied by a filing fee in amounts as determined by the Department of General Services based on the estimated cost of the work described in subdivision (a) of Section 17280, according to the following schedule: (1) For the first one million dollars ($1,000,000), a fee of 1.25 percent of the estimated cost. (2) For all costs in excess of one million dollars ($1,000,000), a fee of 1 percent of the estimated cost. (b) Notwithstanding paragraphs (1) and (2) of subdivision (a), if, on or after July 1, 2017, the Department of General Services adjusts the fee schedule pursuant to subdivision (a) of Section 17301, the adjusted fee schedule shall be used instead. (c) The minimum fee in any case shall be two hundred fifty dollars ($250). If the actual cost exceeds the estimated cost by more than 5 percent, a further fee shall be paid to the Department of General Services, based on the fee schedule pursuant to subdivision (a) or (b), as applicable, and computed on the amount by which the actual cost exceeds the amount of the estimated cost. (d) The fees determined pursuant to subdivision (a) or (b), as applicable, shall be paid in two installments, as specified by the Department of General Services. The first installment shall be in an amount equal to 70 percent of the estimated cost calculated under subdivision (a) or (b), as applicable, and shall be paid at the time the application is submitted to the department. The second installment shall be in an amount equal to 30 percent of the estimated cost calculated under subdivision (a) or (b), as applicable, and shall be paid no later than five working days after the applicant accepts the bids for construction of the project for which the fees are paid. This subdivision shall become operative January 1, 1994. (e) The fee shall be paid to the Department of General Services, including, but not limited to, a case in which the application is referred under Section 17306 to a qualified plan review firm. (Amended by Stats. 2017, Ch. 19, Sec. 2. (AB 111) Effective June 27, 2017.)
  102. 17301.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Fees received by the Department of General Services must go into a dedicated fund and be used only for the school building review and supervision purposes stated here.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17301. (a) (1) All fees received by the Department of General Services pursuant to this chapter shall be paid into the State Treasury and credited to the Public School Planning, Design, and Construction Review Revolving Fund, which is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated for expenditure by the Department of General Services to be applied, in the most efficient and expeditious manner possible, to the expenses associated with the review and approval of plans and specifications, and the supervision of public school building construction, pursuant to this article and Article 5 (commencing with Section 17350). The fees paid into the fund shall not be used for or diverted to any other program or purpose. Notwithstanding any other law, any moneys in the Architecture Public Building Fund on the effective date of this section thereupon shall be transferred to the Public School Planning, Design, and Construction Review Revolving Fund for expenditure in accordance with this section. (2) Adjustments in the amounts of the fees, as determined by the Department of General Services, may be made by the department in order to maintain a reasonable working balance in the fund, provided that the fees shall not exceed the amounts in the fee schedule specified in subdivision (a) of Section 17300 or Section 17352, as applicable. If the working fund balance exceeds six months’ expenditures, the Department of General Services shall take action to reduce the fees. (b) The Department of Finance shall provide for the audit of the fund as needed to ensure that it is used solely for the purposes of this article and that the amount of the fee charged does not exceed what is necessary to cover the costs realized by the Department of General Services in carrying out its responsibilities pursuant to this article. The actual cost of the audit shall be paid from the fund. (Amended by Stats. 2017, Ch. 19, Sec. 3. (AB 111) Effective June 27, 2017.)
  103. 17302.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Plans, specifications, and estimates for covered school construction must be prepared by a licensed architect or structural engineer, with construction observation under that professional’s responsible charge, except that certain mechanical or electrical engineers may take that role in limited 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17302. (a) Except as provided in subdivision (b), all plans, specifications, and estimates shall be prepared by a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code or by a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and the observation of the work of construction shall be under the responsible charge of such an architect or structural engineer. (b) For the purposes of this section, a mechanical or electrical engineer holding a valid certificate under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code may be in responsible charge of preparation of plans, specifications, and estimates, and observation of the work of construction where the work is, as determined by the Department of General Services, of the kind normally performed by engineers certified in the particular branch of engineering for which the engineer is certified. Any architectural or structural work involved shall be the respective responsibility of a licensed architect holding a valid certificate under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, or a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  104. 17303.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services must set up ways to make sure applications are complete enough for plan review, notify applicants about expected review timing, and send required notifications during the review process. Applicants must choose a review option within 10 days after notice.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17303. (a) The Department of General Services shall establish one or more methods to ensure that each application has been completed sufficiently by the applicant to enable the plan review to be performed. (b) Upon receipt of a complete application, the Department of General Services shall inform the applicant of the period of time that it anticipates to elapse prior to commencing review of the applicant’s plans. Within 10 days of being so notified, the applicant shall make an election to either use the Department of General Services for the review of the applicant’s plan or, request that the plan review be performed by one or more qualified plan review firms pursuant to Sections 17305 and 17306. If the applicant elects to use the services of the Department of General Services for review of the applicant’s plan, the department, as it deems necessary to expedite review of the applicant’s plans, in addition to making a good faith effort to hire state employees, shall do one or more of the following: (1) Contract for assistance from one or more qualified plan review firms pursuant to Section 17305. (2) Employ additional staff on a temporary basis. (3) Maximize the use of department staff through the use of overtime or other appropriate means. (4) Any other action determined by the department to have the effect of expediting the review and approval process. (c) Each application shall identify, for purposes of receiving the notifications required under this subdivision, an employee of the applicant school district and either the applicant’s architect or structural engineer. The Department of General Services immediately shall notify that employee, and the identified architect or structural engineer, when each of the following steps in the plan review process occurs: (1) The department requests the applicant’s architect or structural engineer to correct or complete any part of the application. (2) An application number is assigned to the application. (3) Review of the applicant’s plans is commenced. (4) Review of the applicant’s plans is completed and the department returns the plans to the architect or structural engineer for correction. (5) Corrected plans are returned to the department by the applicant’s architect or structural engineer for final review and approval. (6) The department approves the plans and causes a final record set of the plans to be printed in accordance with Section 17304. (d) The Department of General Services may provide additional notifications to applicants as it deems necessary. (Amended by Stats. 2006, Ch. 407, Sec. 1.5. Effective January 1, 2007.)
  105. 17304.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    After approving an applicant’s plans, the Department of General Services must have a final record set printed and must issue the applicant a final approval letter within five working days. The applicant must pay the costs, and the department may use private entities to do the printing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17304. (a) Upon approving the plans submitted by an applicant pursuant to this article, the Department of General Services shall cause a final record set of the plans to be printed. The department may contract with one or more private entities to perform that printing at one or more of the regional area offices of the department. The costs incurred pursuant to this subdivision shall be paid by the applicant. (b) No later than five working days after approving plans submitted by an applicant pursuant to this article, the department shall issue a final letter of approval to the applicant. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  106. 17305.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section defines key terms and sets rules for the Department of General Services to create, maintain, and use lists of qualified plan review firms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17305. (a) Unless the context otherwise requires, the definitions set forth in this section govern the construction of this article. (1) “Prequalified list” means a list of qualified firms established by the Department of General Services to perform specific types of plan review services. (2) “Qualified plan review firm” means an individual, firm, or the building official of a city, a county, or a city and county, as defined in Section 18949.27 of the Health and Safety Code, or the authorized representative of the building official that is identified by the Department of General Services as having appropriate expertise and knowledge of the requirements that apply to school buildings under this article. (b) The department shall establish and maintain a list of qualified plan review firms, and shall make that list available, upon request, to school districts and other interested parties. (c) Notwithstanding Section 14952 of the Government Code, the Department of General Services shall contract with sufficient numbers of qualified plan review firms for assistance in performing the plan review required under the Field Act. (d) At the discretion of the Department of General Services, contracts for a qualified plan review firm made pursuant to this article may be advertised and awarded in accordance with this section. (e) (1) The Department of General Services may establish prequalified lists of qualified firms in accordance with this subdivision. (2) (A) For each type of plan review for which the department elects to use the process established by this section for advertising and awarding contracts, the Department of General Services may request statements of qualifications from interested firms. (B) The request for statements of qualifications shall be announced statewide through the California State Contracts Register and publications of relevant professional societies. (C) Each announcement shall describe the general scope of services to be provided within each generic project category for plan review services that the Department of General Services anticipates may be awarded during the period covered by the announcement. For the purposes of this section, a generic project category shall be defined in a manner that each specific project to be awarded within that discipline meets all of the following requirements: (i) The project is substantially similar to all other projects within that discipline. (ii) The project is within the same size range and geographical area. (iii) The project requires substantially similar skills and magnitude of professional effort as compared to every other project within that discipline. (3) The Department of General Services shall evaluate the statements of qualifications, and develop a list of qualified plan review firms that meet the criteria established and published by the Department of General Services. Interviews may be held to determine a plan review firm’s qualifications. Lists of qualified plan review firms shall be maintained by the Department of General Services for not more than four years. (4) During the term of a prequalified list, as specific projects are identified by the Department of General Services as being eligible for contracting, the Department of General Services shall contact a firm on the prequalified list, on a rotational basis, for both of the following purposes: (A) To distribute the work in a fair and equitable manner. (B) To determine that the firm has sufficient staff and is available for performance of the project. (5) If the contacted firm is not available, the Department of General Services shall continue to contact firms on the prequalified list, on a rotational basis, until an available firm is identified. (6) The Department of General Services shall negotiate a contract for the services with the identified firm, including a price and timeframe that it determines is fair and reasonable. (7) If the identified plan review firm is unable to negotiate a satisfactory contract with the Department of General Services, the department shall terminate negotiations, and shall undertake new negotiations, on a rotational basis, with the next firm available for performance from the prequalified list until a successful negotiation is achieved. If the Department of General Services is unable to negotiate a satisfactory contract with a firm on two separate occasions, that firm may be removed from the prequalified list. (f) Contracts for plan review services that the Department of General Services elects to advertise and award in accordance with this section are not subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (Amended by Stats. 2006, Ch. 407, Sec. 2. Effective January 1, 2007.)
  107. 17306.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    An applicant who files a complete review application may ask the Department of General Services to send the review documents to a qualified plan review firm, and the department must do so immediately.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17306. (a) Upon submitting a complete application for review under this article, the applicant may request that the Department of General Services refer the documents necessary for the review of that application to a qualified plan review firm operating under contract with the department pursuant to Section 17305. The department immediately shall grant the request and refer the necessary documents to a qualified plan review firm if the applicant so requests. Upon completing the review, the qualified plan review firm shall submit the documents referred to it for the review of the application, together with the results of its review, to the Department of General Services. (b) The Department of General Services shall establish a procedure governing the use by applicants of the review process alternative described in this section, including, but not limited to, provisions restricting the use of qualified plan review firms on the basis of conflict of interest. (Amended by Stats. 1998, Ch. 407, Sec. 11. Effective August 27, 1998.)
  108. 17307.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School-building construction or alteration contracts are not valid unless the plans, specifications, and estimates comply with this article and Department of General Services requirements, and written approval is first obtained from that 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17307. No contract for the construction or alteration of any school building, made or executed by the governing board of any school district or other public board, body, or officer otherwise vested with authority to make or execute a contract, is valid, and no public money shall be paid for any work done under a contract or for any labor or materials furnished in constructing or altering any building, unless the plans, specifications, and estimates comply in every particular with the provisions of this article and the requirements prescribed by the Department of General Services and unless the approval thereof in writing has first been had and obtained from the Department of General Services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  109. 17307.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services may issue a stop work order for unsafe or noncompliant public school construction, but must allow minor nonstructural work to continue. Certain school public bodies and officers are protected from liability for stopping work or delays caused by compliance, except when their own error or omission caused the stop work order.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17307.5. (a) Notwithstanding any provision of law to the contrary, including, but not limited to, Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, the Department of General Services may issue a stop work order when construction work on a public school is not being performed in accordance with existing law and would compromise the structural integrity of the building, thereby endangering the public safety. The Department of General Services shall allow construction of incidental and minor nonstructural additions or nonstructural alterations without invoking its stop work authority. (b) A school district, county superintendent of schools, county board of education, or other public board, body, or officer whose construction work on a public school is subject to a stop work order issued pursuant to subdivision (a) shall not be held liable in any action filed against the public board, body, or officer for stopping work as required by the stop work order, or for any delays caused by compliance with the stop work order, except to the extent that an error or omission by the public board, body, or officer is the basis for the issuance of the stop work order. (Amended by Stats. 2010, Ch. 697, Sec. 27. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  110. 17308.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services must provide and share ongoing training about school building plan review, and it must publish and update interpretations of the relevant standards and procedures at least annually. It may charge a fee for training under subdivision (c).

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17308. (a) The Legislature finds and declares that a number of serious discrepancies in the interpretation of the structural standards and architectural barrier requirements that apply to school buildings under this chapter, and of the plan review procedures that apply under this chapter, exist within the Department of General Services, and within and between various firms utilized by the department on a contract basis, applicant school districts, and architects and structural engineers utilized by applicant school districts. (b) The Department of General Services shall provide training, on an ongoing basis, to its employees and to the employees of architectural and structural engineering firms that contract with the department for the purposes of this chapter. The training shall address all phases of the plan review process established under this chapter, and shall be designed to ensure that all individuals who develop and review school building plans obtain sufficient knowledge of the rules, regulations, and standards that apply under this chapter. (c) The department shall make the training described in subdivision (b) available to the employees of architectural and structural engineering firms that contract with applicant school districts for the purpose of this chapter, and to any other individuals, firms, and government agencies that are involved in school building design, construction, or inspection and that may benefit from the training. The department may charge a fee for training provided pursuant to this subdivision. (d) The department shall develop and publish interpretations of the structural standards, architectural barrier requirements, and review procedures referred to in subdivision (a) as may be necessary to remedy the interpretational discrepancies described in that subdivision. These interpretational materials shall be updated at least annually. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  111. 17309.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Certain construction participants must submit verified reports to the Department of General Services as work progresses and whenever the Department 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17309. From time to time, as the work of construction or alteration progresses and whenever the Department of General Services requires, the licensed architect or structural engineer in charge of observation of construction or registered engineer in charge of observation of other work, the inspector on the work, and the contractor shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, based upon his or her own personal knowledge, indicating that the work during the period covered by the report has been performed and materials have been used and installed, in every material respect, in compliance with the approved plans and specifications, setting forth such detailed statements of fact as are required by the Department of General Services. The term “personal knowledge” as used in this section and as applied to the architect, and the registered engineer, means the personal knowledge which is obtained from periodic visits to the project site of reasonable frequency for the purpose of general observation of the work, and also which is obtained from the reporting of others as to the progress of the work, testing of materials, inspection and superintendence of the work that is performed between the above-mentioned periodic visits of the architect or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. The term “personal knowledge” as applied to the inspector means the actual personal knowledge which is obtained from his or her personal continuous inspection of the work of construction in all stages of its progress at the site where he is responsible for inspection and, when work is carried out away from the site, that personal knowledge which is obtained from the reporting of others on the testing or inspection of materials and workmanship for compliance with plans, specifications or applicable standards. The exercise of reasonable diligence to obtain the facts is required. The term “personal knowledge” as applied to the contractor means the personal knowledge which is obtained from the construction of the building. The exercise of reasonable diligence to obtain the facts is required. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  112. 1731.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4. Supervision of Instruction [1730 - 1732] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may enter into an instruction-supervision agreement for an elementary school district, but only with county board 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 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 4. Supervision of Instruction [1730 - 1732] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 1731. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any elementary school district under his jurisdiction for the supervision of instruction in the district by the county superintendent of schools. The agreement shall provide for the payment of the cost of providing the supervision of instruction. The county superintendent of schools shall transfer from the funds of the district to the county school service fund the amounts set forth in the agreement. (Enacted by Stats. 1976, Ch. 1010.)
  113. 17310.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services may make rules and regulations for this article, except as provided in Health and Safety Code Section 18930, and must adopt and submit building standards for approval under the referenced Health and Safety Code 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17310. Except as provided in Section 18930 of the Health and Safety Code, the Department of General Services may from time to time make such rules and regulations as it deems necessary, proper, or suitable to carry out the provisions of this article. The Department of General Services shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code for the purposes described in this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  114. 17311.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section requires state and local actors to inspect school construction, train and evaluate inspectors, and lets the Department of General Services charge fees limited to reasonable 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17311. (a) The Department of General Services shall make the inspection of the school buildings and of the work of construction or alteration as in its judgment is necessary or proper for the enforcement of this article and the protection of the safety of the pupils, the teachers, and the public. The school district, city, city and county, or the political subdivision within the jurisdiction of which any school building is constructed or altered shall provide for and require competent, adequate, and continuous inspection during the construction or alteration by an inspector satisfactory to the architect or structural engineer and the Department of General Services. The inspector shall act under the direction of the governing board and architect or structural engineer as the board may direct. The inspector shall be responsible to the governing board for employment purposes. The inspector shall be responsible to the Department of General Services for enforcement of the plans and specifications of the school project. (b) In order to ensure the competency and adequacy of the inspectors required under this article, the Department of General Services shall do all of the following: (1) Revise the examination used to determine the competency of those who provide inspections pursuant to this article. The revision of the examination shall include techniques of inspection, construction, plan reading, required submittal documents, and knowledge of statutes and regulations that apply to school construction. The revision of the examination shall be done not later than 36 months after the last revision. (2) Provide training on an ongoing basis to all individuals who provide the inspections required under this article. The training shall be designed to ensure that all individuals who provide the continuous inspection of school building construction or alteration have sufficient knowledge of the rules, regulations, and standards that apply under this article. (3) Require evaluation of the competency of those who provide inspections pursuant to this article. After an initial evaluation, a reevaluation shall occur not later than 48 months after the last evaluation or reevaluation. An evaluation or reevaluation shall include meeting education and training requirements, as specified by the Department of General Services. (c) The Department of General Services may require a fee from all individuals applying for evaluation or reevaluation pursuant to subdivision (b), and a fee for the examination administered in the evaluation or reevaluation. The fees shall not exceed the reasonable costs associated with the development and administration of the examination and the training. (Amended by Stats. 2018, Ch. 197, Sec. 1. (AB 3058) Effective January 1, 2019.)
  115. 17312.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A person who violates this article or makes a false statement in a required verified report or affidavit commits a felony.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17312. Any person who violates any of the provisions of this article or makes any false statement in any verified report or affidavit required pursuant to this article is guilty of a felony. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  116. 17313.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    On written request, the Department of General Services must inspect and report on the structural condition of a public school building, and the requesting school board generally must pay the actual expenses unless payment is waived.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17313. Upon written request by the governing board of any school district or upon written request by at least 10 percent of the parents having children enrolled as pupils in any school district as certified to by the county superintendent of schools, the Department of General Services shall make an examination and report on the structural condition of any public school building of the district, subject to the payment by the governing board of the actual expenses incurred by the Department of General Services. Payment of the expenses may be waived by the Department of General Services on recommendation of the State Superintendent of Public Instruction when it appears to him or her that the school district in which the public school building is located cannot afford to pay them. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  117. 17314.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A public school building approved by the Department of General Services for occupancy is treated as meeting local building requirements for use as a private 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17314. Any public school building which has been approved by the Department of General Services (formerly Division of Architecture) for occupancy shall be deemed to meet the local building requirements for use as a private school. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  118. 17315.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services must certify a school building once required approvals, filings, reports, inspections, and fees are in place; the district pays the costs, and certification can be withheld until those costs are paid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17315. (a) When a school building constructed in accordance with plans and specifications approved by the Department of General Services is completed, the notice of completion is filed, and all final verified reports and all testing and inspection documents, as required by this article or as required by the rules and regulations adopted pursuant to this article, are submitted to and on file with the Department of General Services, and all required fees paid by the school district, the department shall issue a certification that the school building complies with the requirements of this article. Nothing in this article shall prevent beneficial occupancy by a school district prior to the issuance of this certification. (b) When a school building, constructed in accordance with approved plans and specifications, is completed but final verified reports, as are required under Section 39151, have not been submitted to the Department of General Services due to the incapacitating illness, death, or the default of any persons required to file such reports, the Department of General Services shall, upon written request of the school district, review all of the project records and make such examinations as it deems necessary to enable it to certify that the school building otherwise complies with the requirements of this article. The Department of General Services may request the school district to have made, reported, and verified any other tests and inspections which the department deems necessary to complete its examinations of the construction. (c) The costs incurred by the Department of General Services in connection with this section shall be paid by the school district. The actual costs to perform the examinations, tests, and inspections shall be an appropriate cost of the project to be paid from the building funds of the district. Certification of the project by the Department of General Services shall be withheld until all the costs have been paid by the school district. (d) This section shall not relieve any individual of his or her responsibility to file verified reports, as required in Section 17309, or any other documents required by the rules and regulations adopted pursuant to this article. This section shall not abrogate the provisions of Section 17312. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  119. 17316.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School district contracts for architect or engineer plans must keep the plans as district property for project-related use, preserve the designer’s copyrights unless expressly waived, and spell out reuse terms; reuse can trigger indemnity 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17316. (a) Any contract entered into by and between the governing board of any school district and any certified architect or structural engineer pursuant to Section 17302 shall provide that all plans, including, but not limited to, record drawings, specifications, and estimates prepared pursuant thereto, shall be and remain the property of the school district for the purposes of repair, maintenance, renovation, modernization, or other purposes, only as they relate to the project for which the certified architect or structural engineer was retained. This subdivision does not preclude the school district from using the plans, record drawings, specifications, or estimates related to the project for the purposes of additions, alignments, or other development on the site. (b) The contract set forth in subdivision (a) does not transfer or waive the certified architect’s or structural engineer’s copyrights over these documents, including, but not limited to, all common law, statutory, and other reserved rights, unless the certified architect or structural engineer expressly transfers or waives these rights through the written contract, including, but not limited to, a written addendum or amendment. (c) Notwithstanding subdivision (a), if the school district proposes to reuse the plans prepared by the certified architect or structural engineer within the school district, the contract entered into between the school district and the certified architect or structural engineer shall specify the terms and conditions for the reuse. If a school district reuses the plans prepared by the certified architect or structural engineer and retains another certified architect or structural engineer for the preparation of those plans for the reuse, the school district shall indemnify and hold harmless the original certified architect or structural engineer, and their consultants, agents, and employees, from and against any claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from, in whole or in part, the reuse. (Amended by Stats. 2005, Ch. 28, Sec. 1. Effective January 1, 2006.)
  120. 17317.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The Department of General Services must inventory certain public school buildings and submit a report to the Legislature and the Governor by December 31, 2001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Approvals [17280 - 17317] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17317. (a) The Department of General Services shall, in consultation with the Seismic Safety Commission, conduct an inventory of public school buildings that are concrete tilt-up school buildings and school buildings with nonwood frame walls that do not meet the minimum requirements of the 1976 Uniform Building Code. Priority shall be given to the school buildings identified in the act that added this section that are in the highest seismic risk zones in accordance with the seismic hazard maps of the Division of Mines and Geology of the Department of Conservation. (b) The Department of General Services shall submit a report by December 31, 2001, to the Legislature and the Governor that summarizes the findings of the seismic safety inventory and makes recommendations about future actions that should be taken to address the problems found by the seismic safety inventory. The report shall not identify individual schoolsites on which inventoried school buildings are located. (Amended by Stats. 2001, Ch. 159, Sec. 57. Effective January 1, 2002.)
  121. 17319.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.3. Collaborative Process for Project Development and Review [17319- 17319.] ( Article 3.3 added by Stats. 2006, Ch. 407, Sec. 3. )

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    This section sets up a collaborative school-facilities review process and gives the Department of General Services authority to create procedures, set timeframe goals, require reports, and assess certain fees.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.3. Collaborative Process for Project Development and Review [17319- 17319.] ( Article 3.3 added by Stats. 2006, Ch. 407, Sec. 3. ) ## 17319. (a) The Legislature finds and declares all of the following: (1) The purpose of the collaborative process for project development and review is to ensure the public safety of school facilities through a collaborative, consistent, and timely project development and review process. (2) The collaborative process for project development and review may be made available, as an alternative to the traditional plan review and approval process, to school districts that voluntarily apply to the Department of General Services. (3) This process entails the early participation of all parties involved in a project from project development and continuing through plan review, construction, and certification of school facilities projects. These parties include the Department of General Services’ staff and their qualified plan review firms, and school districts and their design professionals. (b) The Department of General Services, in consultation with the Office of Public School Construction, shall establish procedures and requirements governing the use of the collaborative process for project development and review alternative. These procedures and requirements shall include an application and selection process. Upon project selection, the Department of General Services and the school district shall mutually agree to the roles and responsibilities of the Department of General Services, the applicant school district, and its design professionals. (c) As a part of the establishment of the requirements for the collaborative process for project development and review, the Department of General Services, in consultation with participating school districts, shall establish mutually determined timeframe goals for a project’s plan review, school district and consultant response, response review, and final approval. Those timeframe goals shall reflect the project’s estimated construction cost, complexity, size, and other requirements of the collaborative process for project development and review. (d) The Department of General Services shall establish model statewide timeframe goals, in consultation with school districts and other relevant parties, by February 1, 2007. Implementation of the collaborative process for project development and review with participating school districts shall not negatively impact the traditional plan review process with other school districts. (e) The Department of General Services shall submit a preliminary report to the Legislature by July 1, 2008, and a final report by July 1, 2009. These reports shall address whether the implementation of the collaborative process for project development and review has assisted the department and school districts in meeting their mutually determined timeframe goals. (f) The application for the collaborative process for project development and review shall be accompanied by a filing fee from the school district in amounts determined by the Department of General Services based on the estimated project cost and according to the fee schedule pursuant to Section 17300. The Department of General Services may establish a procedure for the payment and collection of this filing fee. (g) The Department of General Services may assess a fee on a participating school district to cover the unreimbursed costs of the department incurred pursuant to that school district’s participation in the collaborative process if the department deems the assessment of the fee to be necessary for the support of its operations and establishes a procedure for the determination, collection, and deposit of the fee. (h) During project development, the school district may provide input to the Department of General Services in its selection of a qualified plan review firm to provide consultative services to that department. Upon project submittal by the applicant school district, the Department of General Services shall also refer the necessary project documents to the selected qualified plan review firm for plan review. The Department of General Services shall establish procedures governing the use of this article by applicant school districts for the selection of a qualified plan review firm. (Amended by Stats. 2017, Ch. 19, Sec. 4. (AB 111) Effective June 27, 2017.)
  122. 1732.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4. Supervision of Instruction [1730 - 1732] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Services described in Sections 1730 and 1731 must be performed by people who have a valid credential from the Commission on Teacher Credentialing for that service.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 4. Supervision of Instruction [1730 - 1732] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 1732. The services described in Sections 1730 and 1731 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing that service. (Amended by Stats. 2024, Ch. 471, Sec. 1. (SB 1329) Effective January 1, 2025.)
  123. 17320.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section names the article the Private Schools Building Safety Act of 1986.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17320. This article shall be known and may be cited as the Private Schools Building Safety Act of 1986. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  124. 17321.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states findings about earthquake risk in California and the need for better earthquake safety in private 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17321. The Legislature finds and declares all of the following: (a) Most of California is subject to potentially devastating, large-magnitude earthquakes. (b) Earth scientists estimate that there is a greater than 50-percent probability that one or more damaging earthquakes will occur in California between now and the end of the century. (c) Not all students of private schools enjoy the same or equivalent earthquake safety as is afforded to students of public schools by the Field Act and other legislation. (d) Modifications of building design, plan checking, and inspection procedures can offer increased protection to private school students. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  125. 17322.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states that private school students should get life-safety protection similar to public school students through safer building design, review, inspection, and consideration of nonstructural components.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17322. It is the intent of the Legislature that children attending private schools be afforded life safety protection similar to that of children attending public schools by having all of the following: (a) Private school structures designed and constructed in a manner that minimizes fire hazards and resists the forces generated by earthquakes, gravity, and winds to the extent necessary to ensure the safety of occupants. (b) The structural systems and details set forth in working drawings and specifications carefully reviewed by responsible enforcement agencies using qualified personnel, and the construction process carefully inspected. (c) Procedures for the design and construction of private school structures to be subjected to qualified design review and construction inspection. (d) Nonstructural components, including, but not limited to, ceiling systems, electrical equipment, and mechanical equipment given adequate consideration during the design and construction process to assure that they will not detract from occupant safety in the event of an earthquake. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  126. 17323.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines several terms used in the article on earthquake construction of private 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17323. For the purposes of this article: (a) “Construction or alteration” means any construction of, addition to, reconstruction of, or structural alteration to any private school structure. (b) “Enforcement agency” means the agency of a city, city and county, or county responsible for building safety within its jurisdiction. (c) “Private school structure” means any building used for educational purposes through the 12th grade by 50 or more persons for more than 12 hours per week or 4 hours in any one day. Any structure owned or operated by a public school district shall not be affected by this article. (d) “Structural engineer” means a person authorized to use the title of structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code. (e) “Engineer of record” means the architect, if no structural engineer or civil engineer has been retained for the structural design. (f) “Electrical engineer” means an electrical engineer, as defined in Section 6702.1 of Chapter 7 of Division 3 of the Business and Professions Code. (g) “Mechanical engineer” means a mechanical engineer, as defined in Section 6702.2 of Chapter 7 of Division 3 of the Business and Professions Code. (h) “Qualified inspector” means a person who is currently certified by the International Conference of Building Officials or who has demonstrated his or her competence to the satisfaction of the enforcement agency as having expertise and experience in the particular type of construction or operation requiring inspection. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  127. 17324.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    An appropriate enforcement agency must review and inspect certain private school construction to make sure the drawings, specifications, and work comply with the Uniform Building Code and 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17324. The appropriate enforcement agency that meets the requirements of Sections 17331 and 17332 shall review the design and inspect the construction, reconstruction, structural alteration, or addition to any private school structure to the extent necessary to ensure that drawings and specifications comply with the applicable sections of the Uniform Building Code and to ensure that construction work has been performed in accordance with the approved drawings and specifications, and the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  128. 17325.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Some private school buildings are exempt from this article if they are one-story, built as Type V or Type II N construction, and are 2,000 square feet or 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17325. Private school structures of one-story Type V and Type II N construction, as defined by the Uniform Building Code, that are 2,000 square feet or less in floor area are exempt from the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  129. 17326.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before adopting drawings or specifications for a private school structure, the project proposer must submit the design materials to the appropriate enforcement agency, which must stamp approved plans and include a qualified person’s signature.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17326. (a) Prior to adopting any drawings or specifications for the private school structure, the governing board, authority, owner, corporation, or other agency proposing to construct any private school structure shall submit the design calculations, drawings, and specifications of the private school structure to the appropriate enforcement agency. The enforcement agency shall stamp the drawings and specifications if the construction or alteration is approved by the enforcement agency. Included with the stamp shall be the signature of the qualified person referred to in Sections 17333 and 17334. (b) The provisions of this section are not applicable to private school construction or alteration contracts entered into prior to July 1, 1987. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  130. 17327.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    An application to approve private school building drawings must include complete drawings, design calculations, specifications, and a soil analysis that meet the enforcement agency’s 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17327. The application for approval of the drawings and specifications for private school structures shall be accompanied by comprehensive and complete drawings, design calculations, specifications, and a soil analysis at a level of detail appropriate to the proposed structure and site, all of which shall comply with the requirements prescribed by the enforcement agency. This review shall not preclude incremental submission and approval of drawings and specifications. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  131. 17328.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The enforcement agency must approve or reject drawings and specifications for private school construction or alterations, review the submitted design calculations and related documents, and keep a record of that review and compliance check.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17328. The enforcement agency shall approve or reject all drawings and specifications for the construction or alteration of private school structures and in doing so shall review the submitted design calculations, drawings, and specifications to ensure compliance with the requirements of this article. A record shall be kept by the enforcement agency indicating that design calculations, drawings, and specifications have been reviewed and conform with the applicable sections of the Uniform Building Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  132. 17329.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Drawings and specifications for approved school construction plans must be prepared and signed by a qualified architect, civil engineer, or structural engineer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17329. All drawings and specifications shall be prepared under the responsible charge of an architect, civil engineer, or structural engineer, who shall sign all drawings and specifications that are to be approved by the enforcement agency. Observation of the work of construction shall be under the general responsible charge, as defined by Section 6703 of Chapter 7 of Division 3 of the Business and Professions Code, of the architect, civil engineer, or structural engineer who signed the drawings, except that drawings and specifications not involving architectural or structural conditions may be prepared and the construction work may be administered by a registered professional engineer qualified in the branch of engineering that is appropriate to the drawings, specifications, estimates, and construction work. If the architect, civil engineer, or structural engineer is unable to exercise general responsible charge of construction another architect, civil engineer, or structural engineer shall be retained to exercise general responsible charge of construction. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  133. 17330.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A private school structure may not be constructed unless its drawings and specifications comply with the article and the enforcement agency has approved them, subject to Section 17326.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17330. Except as provided in Section 17326, on or after July 1, 1987, construction of a private school structure shall not commence unless the structure’s drawings and specifications comply with the provisions of this article and the requirements prescribed by the enforcement agency, and approval of those drawings and specifications has been obtained from the enforcement agency. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  134. 17331.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    During construction or alteration of a private school structure, the building owner must provide for special inspection by a qualified inspector when the local enforcement agency determines it is needed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17331. During construction or alteration of a private school structure, the building owner shall provide for, and the local enforcement agency shall require, special inspection by a qualified inspector when needed, as determined by the local enforcement agency. Continuous inspection is not required. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  135. 17332.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    An enforcement agency may review plans, drawings, and specifications for a private school structure if it has a structural engineer responsible for design review and the Section 17328 record.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17332. An enforcement agency is qualified to undertake the review of plans, drawings, and specifications for a private school structure if the enforcement agency has a structural engineer, either on its staff or under contract, that is responsible for all design review conducted by the enforcement agency and the record prepared under Section 17328. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  136. 17333.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a jurisdiction’s enforcement agency does not meet the qualifications in Sections 17331 and 17332, the jurisdiction must get qualified personnel by contracting with qualified public agencies, private firms, or individuals.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17333. A jurisdiction whose enforcement agency does not meet the qualifications specified in Sections 17331 and 17332 shall obtain necessary qualified personnel to meet the requirements of this article by contracting with other public agencies, private sector firms, or individuals qualified to perform the necessary services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  137. 17334.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    For private school construction, the enforcement agency must require periodic construction reviews, and the responsible engineers must make verified reports about compliance and materials.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17334. During the construction of a private school structure, the enforcement agency shall require the engineer of record responsible for the structural design, or that engineer’s authorized representative, to make periodic reviews of construction at the construction site to observe compliance with the approved structural plans, specifications, and change orders. The engineer of record in general responsible charge of the work of construction, and the registered professional engineer, shall make a report, duly verified by him or her through periodic review of construction, showing that the work done during the period covered by the report has been performed and that the materials used and installed are in accordance with the approved drawings and specifications. Any detailed statements of fact required by the enforcement agency shall be included. These observations and statements shall not be relied upon by others as acceptance of the work, nor shall they be construed to relieve the contractor in any way of his or her obligations and responsibilities under the construction contract. “Periodic review of construction,” as used in this section and as applied to the architect, civil engineer, structural engineer, or the registered professional engineer, means the knowledge that is obtained from periodic visits of reasonable frequency to the project site for the purpose of general observation of the work. It also means the knowledge that is obtained from the reporting of others as to the progress of the work, testing of materials, inspection, and superintendence of the work that is performed between those periodic visits of the architect, civil engineer, or structural engineer, or the registered engineer. The exercise of reasonable diligence to obtain the facts is required. “Periodic review of construction” does not include responsibility for superintendence of construction processes, site conditions, operations, equipment, personnel, or maintenance of a safe place to work or any safety in, on, or about the site of work. (Amended by Stats. 2004, Ch. 183, Sec. 57. Effective January 1, 2005.)
  138. 17335.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a Certificate of Occupancy is issued, the engineer of record must give the enforcement agency a written statement that the private school structure was built in substantial conformity with the approved plans and specifications.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17335. Prior to the issuance of a Certificate of Occupancy, the engineer of record shall state in writing to the enforcement agency that, in exercising his or her reasonable professional judgment and to the best of his or her knowledge, information, and belief, the private school structure was constructed in substantial conformity with the approved plans and specifications. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  139. 17336.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Anyone who willfully violates this chapter commits a misdemeanor.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3.5. Earthquake Construction of Private Schools [17320 - 17336] ( Article 3.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17336. Any person who willfully violates this chapter is guilty of a misdemeanor. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  140. 17340.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Building Schoolhouses [17340 - 17343] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may build and maintain a schoolhouse, and must do so if directed by a vote of 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Building Schoolhouses [17340 - 17343] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17340. The governing board of any school district may, and when directed by a vote of the district shall, build and maintain a schoolhouse. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  141. 17342.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Building Schoolhouses [17340 - 17343] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may establish additional schools in the district when it considers that desirable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Building Schoolhouses [17340 - 17343] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17342. The governing board of any school district, whenever in its judgment it is desirable to do so, may establish additional schools in the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  142. 17343.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Building Schoolhouses [17340 - 17343] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may buy property and build and equip buildings in an area after annexation action has been taken, but before the annexation becomes effective.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Building Schoolhouses [17340 - 17343] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17343. The governing board of any school district may purchase property and construct and equip buildings in an area after the legal action has been taken that will result in annexation of the area to the school district, but before the annexation has become effective. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  143. 17350.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section sets out an alternative procedure for certain factory-built school buildings and defines what counts as a factory-built building.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17350. It is the intent of this article to provide an alternative procedure to Article 3 (commencing with Section 17280) for the construction and installation of factory-built school buildings not over 1,000 square feet in area designed or intended for use as school buildings. As used in this article, a “factory-built building” means any building designed or intended for use as a school building which is either wholly manufactured or is in substantial part manufactured at an offsite location in accordance with building standards adopted and approved pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code and other regulations adopted by the Department of General Services, to be assembled or erected on a schoolsite. Any such building purchased or leased by a school district shall be deemed to be the construction or alteration of a school building as those terms are used in Article 2 (commencing with Section 17260) and Article 3 (commencing with Section 17280) of this chapter, and all of the provisions of each of those articles, not inconsistent with the provisions of this article, shall apply with respect to factory-built buildings designed or intended for use as school buildings. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  144. 17351.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Department of General Services must adopt safety regulations and related procedures for factory-built school buildings, and submit building standards for 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17351. Except as provided in Section 18930 of the Health and Safety Code, the Department of General Services shall adopt regulations for the safety of design and construction of factory-built buildings for use as school buildings, and shall prescribe procedures for the plans, specifications, methods of construction, and estimates of cost of a factory-built school building to be submitted to the department for approval as provided in Section 17352. Except as provided in Section 18930 of the Health and Safety Code, such regulations shall comply with but not be limited by the provisions of Article 2 (commencing with Section 17260) and Article 3 (commencing with Section 17280) of this chapter. The Department of General Services shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of the Health and Safety Code for the purposes described in this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  145. 17352.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A manufacturer of factory-built school buildings must submit plans and cost estimates for approval, pay a deposit to the Department of General Services, and reimburse review 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17352. A manufacturer of factory-built buildings designed or intended for use as school buildings shall submit to the Department of General Services and the State Department of Education for approval, its plans, specifications, methods of construction, and estimates of cost of such buildings. At the same time the manufacturer shall pay to the Department of General Services a deposit to be applied toward the actual expenses in an amount as determined by the Department of General Services based on the estimated cost of such factory-built buildings, but not exceeding 0.5 percent of such estimated cost. The minimum deposit in any case shall be fifty dollars ($50). The manufacturer shall reimburse the Department of General Services and the State Department of Education for the actual expenses incurred by those departments in the review of such plans and specifications. All fees received by the Department of General Services pursuant to this article are subject to the provisions of Section 17301. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  146. 17353.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Plans, specifications, and estimates for factory-built school buildings must be prepared by a qualified architect or structural engineer.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17353. All plans, specifications and estimates shall be prepared by a certified architect holding a valid license under Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code or by a structural engineer holding a valid certificate to use the title structural engineer under Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and the supervision of the work of construction in the factory shall be under the responsible charge of such an architect or structural engineer. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  147. 17354.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Department of General Services must approve or reject factory-built school building plans under Section 17351 standards, may set inspection procedures, and must notify the State Department of Education when it approves a manufacturer’s 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17354. The Department of General Services, in accordance with standards and procedures adopted pursuant to Section 17351, and as such standards and procedures may thereafter be modified, shall either approve or reject such plans, specifications, and methods of construction. Approval shall not be given unless such plans, specifications, and methods of construction are in accordance with standards adopted by the department pursuant to Section 17351. The department may establish procedures for the inspection of the facilities and manufacturing processes of a manufacturer to determine the manufacturer’s ability to produce factory-built school buildings in accordance with the plans, specifications, and methods of construction which the manufacturer has submitted to the department. The Department of General Services shall notify the State Department of Education of its approval of a manufacturer’s plans, specifications, and methods of construction of a factory-built school building. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  148. 17355.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Department of General Services must inspect factory construction of school buildings, and the manufacturer must reimburse the department for the inspection 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17355. The Department of General Services shall provide for competent, adequate, and continuous inspection during construction in the factory to insure that all work has been performed and materials used and installed, in every particular, in accordance with the approved plans and specifications. The manufacturer shall reimburse the department for the costs incurred for such inspection as determined by the department. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  149. 17356.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Certain factory-construction participants must file verified reports with the Department of General Services as construction progresses and whenever the department 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17356. From time to time, as the work of construction in the factory progresses and whenever the Department of General Services requires, the certified architect or structural engineer in responsible charge of the supervision of the work of construction in the factory, the inspector on the work, and the manufacturer shall each make to the Department of General Services a report, duly verified by him or her, upon a form prescribed by the Department of General Services, showing, of his or her own personal knowledge, that the work during the period covered by the report has been performed, and materials used and installed, in every particular, in accordance with the approved plans and specification, setting forth such detailed statements of fact as are required by the Department of General Services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  150. 17357.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may use a factory-built school building approval shortcut if the Department of General Services has already approved the manufacturer’s plans and methods, and it must include a notification and submit the building plans for identification.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17357. Upon the Department of General Services’ approval of a manufacturer’s plans, specifications, and methods of construction of a factory-built school building, a school district, whenever it is otherwise required by any of the provisions of Article 2 (commencing with Section 17260), or Article 3 (commencing with Section 17280) of this chapter to submit to the Department of General Services or to the State Department of Education the plans and specifications for the construction of a school building may, instead, include in its application for approval to each of such departments a notification that it intends to utilize such factory-built school building. The plans and specifications for the factory-built building to be utilized shall be submitted with the application and notification for identification purposes. Before granting its approval for the use of such buildings, the Department of General Services shall insure that the plans, specifications, and methods of construction of the buildings have been approved and are in accordance with standards adopted by the department pursuant to Section 17351 which are in effect at the time the application for approval is passed upon by the department. Whenever a school district complies with the alternative procedure prescribed by this section it shall not be required to pay the filing fee prescribed by Sections 17267 and 17300, except that a fee shall be charged for onsite work pursuant to Section 17358. If the submitted plans and specifications have not been previously approved the application shall be rejected. In such case a new application together with required documents shall be filed for approval of plans and specifications by either the manufacturer pursuant to the provisions of Section 17352 or by the school district pursuant to the provisions of Article 3 (commencing with Section 17280) of this chapter. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  151. 17358.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    When a school district buys or leases a factory-built school building that meets the listed support conditions, Article 3 applies to the onsite work design and construction, and fee calculations use only the estimated onsite-work cost. The minimum amount is $50.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17358. Whenever a school district has contracted for the purchase or lease of a factory-built school building and where such building is to be supported by foundations, underpinning, pedestals, or similar type elements which extend more than 18 inches above natural grade at any point, or on temporary blocks or jacks of any height, all the provisions of Article 3 (commencing with Section 17280) of this chapter shall apply to the design and construction of onsite work except that, for fee purposes, only the estimated cost of onsite work need be considered. The minimum amount in any case shall be fifty dollars ($50). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  152. 17359.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Some listed Education Code sections do not apply to the manufacture, sale, or lease of factory-built school buildings if this article is otherwise complied with.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17359. The provisions of Sections 17266, 17268, 17300, 17302, and 17309 shall not apply with respect to the manufacture, sale, or lease of factory-built school buildings if this article is otherwise complied with. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  153. 17360.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Several listed sections do not apply to the design and construction of onsite work, unless Section 17358 requires otherwise.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Factory-Built School Buildings [17350 - 17360] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17360. Sections 17297, 17302, 17307, 17309, and 17311 shall not apply with respect to the design and construction of onsite work except where required by Section 17358. (Amended by Stats. 2004, Ch. 183, Sec. 58. Effective January 1, 2005.)
  154. 17365.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states that California established minimum standards for new school buildings and expected continued progress in repairing, reconstructing, or replacing unsafe 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17365. The Legislature finds and declares as follows: (a) By an urgency act (Stats. 1933, Ch. 59), the Legislature at the 1933 General Session established reasonable minimum standards for the design and construction of new school buildings, as now defined in Section 17283. Although it was not required that then existing school buildings incorporate these standards, it was intended by the Legislature that in the intervening years continuous progress would be made in the repair, reconstruction or replacement of such school buildings. (b) Progress toward this end has been outstanding since 1971 as a result of state funds being made available for rehabilitating or replacing structurally unsafe school facilities. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  155. 17366.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states its intent to periodically reexamine progress under this article and to have each school district’s governing board adopt a plan for repairing, reconstructing, or replacing school buildings that were not addressed under the 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17366. It is the intent of the Legislature to reexamine the progress under this article from time to time. To enable it to do so, and to expedite the provision of safe educational facilities for California schoolchildren, the Legislature intends that the governing board of each school district adopt a plan for the orderly repair, reconstruction, or replacement of school buildings not repaired, reconstructed, or replaced in accordance with this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  156. 17367.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School district governing boards must have certain school buildings examined, estimate repair or replacement costs if a building is found unsafe, state whether each building is safe, and set priorities for fixing unsafe 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17367. The governing board of any school district which has in use for school purposes any school buildings which were not constructed under approved plans and the supervision and inspection requirements of Article 3 (commencing with Section 17280) of this chapter shall have such buildings examined pursuant to this section and shall have completed on or before January 1, 1970, the examination, reporting and estimate requirements of this section and Section 39223. Whenever an examination of the structural condition of any school building of a school district has been made by the Department of General Services, or by any licensed structural engineer or licensed architect for the governing board of the school district, or under the authorization of law, and a report of the examination, including the findings and recommendations of the agency or person making the examination, has been made to the governing board of the district, and the report shows that the building is unsafe for use, the governing board of the district shall immediately have prepared an estimate of the cost necessary to make such repairs to the building or buildings as are necessary, or, if necessary, to reconstruct or replace the building so that the building when repaired or reconstructed, or any building erected to replace it, shall meet such standards of structural safety as are established in accordance with law. The estimate shall be based on current costs and may include other costs to reflect modern educational needs. Also an estimate of the cost of replacement based on the standards established by the State Allocation Board for area per pupil and cost per square foot, shall be made and reported. The report required by this section shall include a statement that each of the buildings examined is safe or unsafe for school use. For the purpose of this statement the sole consideration shall be protection of life and the prevention of personal injury at a level of safety equivalent to that established by Article 3 (commencing with Section 17280) of this chapter and the rules and regulations adopted thereunder, disregarding, insofar as possible, such building damage not jeopardizing life which would be expected from one disturbance of nature of the intensity used for design purposes in said rules and regulations. The governing board, utilizing the information acquired from the examination and report developed pursuant to this section, shall establish a system of priorities for the repair, reconstruction, or replacement of unsafe school buildings. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  157. 17368.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines “school building” for the article and excludes several specific types of structures and uses. Certain excluded buildings must also display a public notice if they were not built, repaired, reconstructed, or replaced under the referenced structural rules.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17368. “School building” as used in this article shall be limited to any physical structure capable of being occupied by pupils, but shall exclude, (a) any bleacher or grandstand with less than six rows of seats, (b) any building which is used exclusively for warehouse, storage, garage, or districtwide administrative office purposes, into which pupils are not required to enter, and buildings utilized by adult schools for off-campus, voluntary adult education courses or registered apprentice courses, (c) any swimming pool, or (d) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height. “School building” as used in this article excludes any building owned or occupied by a unified school district, high school district, or a county superintendent of schools which is used exclusively for adult education purposes. If any building so excluded was not constructed in accordance with Article 3 (commencing with Section 17280) of this chapter and was not repaired, reconstructed, or replaced in accordance with this article, there shall be posted in a conspicuous place on such building a public notice stating that such building does not meet the structural standards imposed by law for earthquake safety. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  158. 17369.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section says that a “school building” does not include a building run by a public entity’s official or board if it is used mainly for non-educational purposes, even if there is some incidental educational use.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17369. “School building” as used in this article excludes any building operated by an official or board of a public entity for purposes other than educational, notwithstanding any educational use thereof incidental to the other primary purpose. For purposes of this section, a public entity includes, but is not limited to, a city, city and county, county, or special district, but does not include a school district or county superintendent of schools. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  159. 17370.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section says Article 6 does not relieve school district governing board members from legal liability for injury or property damage, except as provided in Section 17371.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17370. Except as provided in Section 17371, nothing in this article shall be construed as relieving any member of the governing board of a school district of any liability for injury to persons or damage to property imposed by law. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  160. 17371.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section limits personal liability for certain school district board members and for licensed structural engineers or architects who examine school buildings, if the stated 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17371. No member of the governing board of a school district shall be held personally liable for injury to persons or damage to property resulting from the fact that a school building was not constructed under the requirements of Article 3 (commencing with Section 17280) of this chapter, if such governing board complies with the provisions of this article. Such limit on liability shall commence when such governing board initiates action to comply with the provisions of Section 17367. A licensed structural engineer or licensed architect employed by a governing board to examine any school building under this article shall not be held personally liable for injury to persons or damage to property as a result of the structural inadequacy and failure of a building, provided he or she has exercised normal professional diligence in carrying out his or her functions under Article 3 (commencing with Section 39140) of this chapter and the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  161. 17372.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Unsafe school buildings generally may not be used for elementary or secondary school purposes after June 30, 1975 unless the school district gets State Allocation Board authority, and portable buildings have limited temporary-use permission.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17372. No school building examined and found to be unsafe for school use pursuant to Section 17367 and not repaired or reconstructed in accordance with the provisions of this article, and no school building which has never met the requirements of Article 3 (commencing with Section 17280) of this chapter, shall be used as a school building for elementary or secondary school purposes after June 30, 1975, unless the governing board of the school district has requested and obtained from the State Allocation Board authority for use of the building for a specific period beyond that date. Prior to requesting this authority, the governing board shall adopt a resolution declaring the board’s intention to utilize the building as a school building after June 30, 1975, pending its repair, reconstruction, or replacement. The State Allocation Board shall not authorize any school district to use a building beyond June 30, 1975, unless it has first determined that the school district has already proceeded with a plan of total repair, reconstruction, or replacement in a timely manner and a contract has been let for any phase of, and work commenced on, the project. In no event shall the State Allocation Board authorize the use of any unsafe facilities for a period extending beyond the completion of the replacement facilities or beyond June 30, 1977, whichever occurs first. For purposes of this section, “school building” does not include any portable building. Portable buildings may be used beyond June 30, 1975 to meet temporary housing needs until all repair, reconstruction or replacement of all district school buildings is complete or until June 30, 1977, whichever occurs first, provided that the governing board of the district has requested and obtained from the State Allocation Board authority for use of such portable buildings. The State Allocation Board may grant this authority only to those districts in which 20 percent or more of the schools are subject to partial or complete reconstruction pursuant to Section 17367. Any portable buildings for which authority is granted for temporary use pursuant to this section shall not be subject to Article 3 (commencing with Section 17280) or Article 6 (commencing with Section 17365) of this chapter during the period of the authorized use. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  162. 17373.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

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    If a school district lacks funds to repair, reconstruct, or replace certain school buildings, it must apply for needed Article 9 funds and accept and repay any funds disbursed under Article 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17373. Notwithstanding any other provision of this article or Article 9 (commencing with Section 16310) of Chapter 6 of Part 10, whenever a school district does not have funds available to repair, reconstruct, or replace the school buildings referred to in this article or Section 16320, the school district shall apply for any funds that may be necessary to accomplish the repair, reconstruction, or replacement pursuant to Article 9. The school district shall also accept any funds that are disbursed to the district pursuant to Article 9, whether or not the funds constitute the maximum amount applied for, and shall repay the funds in accordance with Article 9. In cases in which funds derived from a tax increase levied pursuant to Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, or Section 39230.5, as enacted by Section 2 of Chapter 1010 of the Statutes of 1976, are utilized to match amounts disbursed to a school district under an apportionment made pursuant to Article 9 (commencing with Section 16310) of Chapter 6 of Part 10, the disbursement and repayment may be made without the necessity of a vote of the electorate of the district as prescribed in any provision of Chapter 6 (commencing with Section 16000) of Part 10. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  163. 17374.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may use certain unspent tax-increase revenue to finish structural repair, reconstruction, or replacement of an unfinished school building covered by Section 17367.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 6. Fitness for Occupancy [17365 - 17374] ( Article 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17374. Any revenue derived from an increase in the rate of tax provided by Section 39230, as amended by Section 147 of Chapter 36 of the Statutes of 1977, prior to July 1, 1975, and which is unexpended on that date, may be used after July 1, 1975, by the governing board of a school district to complete the corrective structural repair, reconstruction, or replacement of any school building subject to Section 17367 which had not been completed on that date. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  164. 17375.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Full-Day Kindergarten Facilities Grant Program [17375- 17375.] ( Article 7 added by Stats. 2018, Ch. 32, Sec. 21. )

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    This section creates a school facilities grant program for preschool, transitional kindergarten, and full-day kindergarten projects, administered by the State Allocation 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 3. Construction of School Buildings [17251 - 17375] ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Full-Day Kindergarten Facilities Grant Program [17375- 17375.] ( Article 7 added by Stats. 2018, Ch. 32, Sec. 21. ) ## 17375. (a) (1) The California Preschool, Transitional Kindergarten and Full-Day Kindergarten Facilities Grant Program is hereby established, under the administration of the State Allocation Board pursuant to the requirements of this section, to provide one-time grants to school districts to construct new school facilities or retrofit existing school facilities for the purpose of providing transitional kindergarten classrooms and full-day kindergarten classrooms pursuant to Section 8973, and for the construction of new preschool classrooms, the modernization of existing preschool classrooms, or the modernization of existing kindergarten and grade 1 to 12, inclusive, classrooms that would be converted to provide California state preschool programs operated by school districts on a public schoolsite, pursuant to this section. (2) Moneys appropriated pursuant to this section shall be deposited in the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account, hereby created in the State Treasury, administered by the State Allocation Board. (3) For the 2018–19 fiscal year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund to the State Allocation Board to provide one-time grants as specified in this section, as it read on December 31, 2020. (4) (A) For the 2021–22 fiscal year, the sum of four hundred ninety million dollars ($490,000,000) is hereby appropriated from the General Fund to the State Allocation Board to provide one-time grants as specified in this section. The funds appropriated in this subparagraph shall be available for encumbrance or expenditure by the State Allocation Board until June 30, 2027. (B) For the 2022–23 fiscal year, the sum of one hundred million dollars ($100,000,000) is hereby appropriated from the General Fund in the 2021–22 fiscal year to the State Allocation Board to provide one-time grants as specified in this section. The funds appropriated in this subparagraph shall be available for encumbrance or expenditure by the State Allocation Board until June 30, 2028. (C) (i) Of the moneys allocated to a school district from the appropriation made pursuant to this paragraph, savings and interest achieved upon full completion of an approved project, and as a result of a school district’s efficient and prudent expenditure of the moneys allocated, may be used for professional development or instructional materials to build capacity for the implementation of a California state preschool program, a transitional kindergarten program, a full-day kindergarten program, or high priority capital outlay purposes identified by the school district and in accordance with subdivision (f), associated regulations, and any accompanying grant agreement. (ii) Notwithstanding any other law, for purposes of the funds appropriated in support of this paragraph only, a school district may retain and use savings and interest pursuant to clause (i) even if it receives financial hardship assistance pursuant to Section 17075.10. (iii) Savings and interest retained by a school district shall be expended within one year of project completion or returned to the state as required by associated regulations and any accompanying grant agreement. (5) New school facilities built pursuant to this section shall not be included in the eligibility determination used for purposes of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10). (b) (1) The State Allocation Board shall award grants to school districts that lack the facilities to provide transitional kindergarten or full-day kindergarten as required for eligibility pursuant to Sections 17071.25 and 17072.10, that lack facilities that satisfy the design requirements required for new kindergarten classrooms as specified in paragraph (2) of subdivision (h) of Section 14030 of Title 5 of the California Code of Regulations, or that lack the facility capacity to increase California state preschool program services. (2) Priority for grants shall be given to school districts that meet either of the following criteria: (A) The school district is financially unable to contribute a portion of, or all of, the local matching share required pursuant to paragraph (3) for a project, and meets the requirements for financial hardship pursuant to Sections 17075.10 and 17075.15. For purposes of this section, paragraph (5) of subdivision (d) of Section 17075.15 shall not apply. (B) (i) For school districts seeking a transitional kindergarten or full-day kindergarten facilities grant, the school district is located in an underserved community with a high population of pupils who are eligible for free or reduced-price meals pursuant to subdivision (a) of Section 42238.01. (ii) For school districts seeking a preschool facilities grant, the school district is located in an underserved area, as defined in Section 8205, that is prioritized to receive funds for the California state preschool program according to the prioritization process described in Section 8210. (3) Except for school districts that meet the requirements for financial hardship pursuant to Section 17075.10 and as specified in paragraph (4), a school district that applies for a grant pursuant to this section for new construction shall provide 50 percent of the cost of the project, and a school district that applies for a grant pursuant to this section for a retrofit project shall provide 40 percent of the cost of the project. (4) Except for school districts that meet the requirements for financial hardship pursuant to Section 17075.10, a school district shall provide 25 percent of the cost of the project, whether the project is for new construction or retrofit, if the school district does either of the following: (A) Converts a part-day kindergarten program to a full-day kindergarten program. A school district that was awarded a grant from funds appropriated pursuant to paragraph (3) of subdivision (a) and met the requirements of this paragraph shall have its grant amount adjusted from funds appropriated pursuant to paragraph (4) of subdivision (a) to reflect the requirements of this paragraph. (B) Commencing with the 2021–22 fiscal year, offers, or expands enrollment in, a California state preschool program or transitional kindergarten program. (5) (A) A school district seeking a transitional kindergarten or full-day kindergarten facilities grant from moneys in the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account shall provide the Office of Public School Construction with schoolsite enrollment data for the year in which its application is processed and the three immediately preceding years. The Office of Public School Construction shall use this data to verify the schoolsite’s overall need for funding pursuant to this section based on the schoolsite’s enrollment patterns. As part of this verification, the Office of Public School Construction, in consultation with the State Department of Education, shall determine if the schoolsite’s need for funding shall be limited to retrofit projects. (B) For a school district seeking a new construction grant for preschool classrooms from moneys in the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account, the school district shall demonstrate that its existing classrooms, including outdoor play areas and equipment, are insufficient to meet the needs of providing preschool, and that the school district’s projected enrollment in the preschool program exceeds the current preschool program classroom capacity at the applicable schoolsite. A school district shall use both of the following to demonstrate enrollment for purposes of determining eligibility: (i) The most recent childcare needs assessment conducted by its regional local planning council for preschool age children. (ii) A current or future contract with the State Department of Education to operate a preschool program. (6) A school district, county office of education, or community college district seeking a preschool facilities grant shall hold title to the real property where the facilities will be located. (c) The State Allocation Board shall disburse grant funds to school districts with approved applications for new construction or retrofit projects, to the extent funds are available for the state’s applicable matching share, if the school district has provided its applicable local matching share, unless the school district meets the requirements for financial hardship pursuant to Section 17075.10, and upon certification by the school district that the school district has entered into a binding contract for completion of the approved project. (d) The State Allocation Board shall allocate funds to school districts using the same maximum grant eligibility amounts that are used for purposes of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as set forth in Sections 17072.10 and 17072.11 for new construction, and as set forth in Section 17074.10 for retrofit projects. (e) As a condition of receiving grant funds pursuant to this section, and before the release of those funds, the school district shall do all of the following: (1) Execute and submit a grant agreement consistent with the applicable sections of the grant agreement specified in Section 1859.90.4 of Title 2 of the California Code of Regulations. (2) For a school district applying for grant funds for a transitional kindergarten facilities project, pass a resolution at a public meeting of the governing board of the school district stating the school district’s intent to offer, or expand enrollment in, a transitional kindergarten program. (3) For a school district applying for grant funds for a California state preschool program facilities project, pass a resolution at a public meeting of the governing board of the school district stating the school district’s intent to expand enrollment in a preschool program and apply for expanded program service funding, and certify that the school district has or will apply for a contract to operate a preschool program before occupying the to-be-constructed or retrofitted facility. (f) (1) A school district may use grant funds awarded for new construction on costs necessary to adequately house preschool, transitional kindergarten, and kindergarten pupils in an approved project, which shall include only the following: (A) The costs of design, engineering, testing, inspections, plan checking, construction management, site acquisition and development, evaluation and response action costs relating to hazardous substances at a new or existing schoolsite, demolition, construction, landscaping, necessary utility costs, utility connections and other related fees, equipment including telecommunication equipment to increase school security, furnishings, the upgrading of electrical systems, and the wiring or cabling of classrooms in order to accommodate educational technology. (B) The costs of acquiring an existing government-owned or privately owned building, or a privately financed school building, and the necessary costs of converting the government-owned or privately owned building for public school use. (2) (A) A school district may use grant funds awarded for a retrofit project to retrofit an existing school facility to adequately house preschool, transitional kindergarten, and kindergarten pupils, which shall only include the costs of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, necessary utility costs, utility connection and other related fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, the upgrading of electrical systems, and the wiring or cabling of classrooms in order to accommodate educational technology. (B) Grant funds awarded for a retrofit project shall not be used for costs associated with acquisition and development of real property or for routine maintenance and repair. (3) A school district shall not use funds to purchase or install portable classrooms. For purposes of this article, “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 for 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 that does not exceed 2,000 square feet. (g) For a modernization grant pursuant to this article to retrofit an existing preschool classroom, including outdoor play areas and installed equipment, the applicable classroom shall comply with all of the following: (1) The Field Act, as set forth in Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). (2) The California Building Standards Code, as set forth in Title 24 of the California Code of Regulations. (3) The regulations for early learning and care programs as set forth in Chapter 19 (commencing with Section 18000) of Division 1 of Title 5 of, and Chapter 1 (commencing with Section 101151) of Division 12 of Title 22 of, the California Code of Regulations, as applicable. (4) Written approval from the State Department of Education that the building plans comply with the standards set forth in Subchapter 1 (commencing with Section 14001) of Chapter 13 of Division 1 of Title 5 of the California Code of Regulations. (h) The State Allocation Board may adopt regulations to implement this section. Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of the Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (i) Notwithstanding any other law, a school district shall be subject, with regard to this section, to an audit conducted pursuant to Section 41024. (j) The Office of Public School Construction shall report to the Director of Finance, and shall post on its internet website, information regarding the use of grant funds that have been made available to school districts during each fiscal year grant funds are disbursed pursuant to this section. A final report shall also be issued after projects have been audited pursuant to Section 41024 and any savings have been spent or returned to the state. (k) The Department of General Services may charge its administrative costs against the California Preschool, Transitional Kindergarten, and Full-Day Kindergarten Facilities Account, which shall be subject to the approval of the Department of Finance and which shall not exceed 2.5 percent of the account. These administrative funds shall be subject to the encumbrance or expenditure availability for the appropriations described in paragraph (4) of subdivision (a). (l) Funds made available to school districts pursuant to this article shall supplement, not supplant, existing funds available for school facilities construction. (m) For purposes of this section, the following definitions apply: (1) “Kindergarten” includes transitional kindergarten, as defined in Section 48000. (2) “Preschool classroom” means a preschool classroom used or proposed to be used for instructional purposes in a California state preschool program. (3) “Preschool program” means a full-day California state preschool program pursuant to Article 2 (commencing with Section 8207) of Chapter 2 of Part 6. (4) “Schoolsite” or “site” means the project site for which the school district is applying for grants under this article. (5) “School district” means as follows: (A) For transitional kindergarten and full-day kindergarten facilities grants, “school district” means a school district. (B) For preschool facilities grants, “school district” means a school district, county office of education, or a community college district that operates a preschool program on behalf of, or in lieu of, a school district or county office of education. (Amended by Stats. 2024, Ch. 38, Sec. 8. (SB 153) Effective June 29, 2024.)
  165. 17385.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Conveyances [17385 - 17386] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district’s governing board must receive property conveyances in the district’s name and make conveyances for district property it sells.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Conveyances [17385 - 17386] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17385. The governing board of any school district shall receive in the name of the district conveyances for all property received and purchased by it, and shall make in the name of the district conveyances of all property belonging to the district and sold by it. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  166. 17386.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Conveyances [17385 - 17386] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may execute and deliver quitclaim deeds to adjacent property owners, with or without consideration, to help clear title defects.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Conveyances [17385 - 17386] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17386. The governing board of any school district shall have the power to execute and deliver quitclaim deeds, either with or without consideration to the owners of real property adjacent to any real property owned by the school district, for the purpose of removing defects in and otherwise clearing up the title to such adjacent real property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  167. 1740.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Supervision of Attendance [1740 - 1742] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may hire personnel to supervise pupil attendance, but only with county board approval and only for qualifying districts that are not already served by a district supervisor of attendance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Supervision of Attendance [1740 - 1742] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 1740. The county superintendent of schools may, with the approval of the county board of education, employ personnel to supervise the attendance of pupils in elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year, in high school districts under his jurisdiction which had less than 301 units of average daily attendance during the preceding fiscal year, and in unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year, if the districts are not served by any district supervisor of attendance. (Enacted by Stats. 1976, Ch. 1010.)
  168. 17400.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may enter into leases and agreements for real property and buildings used by the district under 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17400. (a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this article. (b) As used in this article, the following terms have the following meanings: (1) “Best value” means a competitive procurement process whereby the selected proposer is selected on the basis of objective criteria for evaluating the qualifications of proposers with the resulting selection representing the best combination of price and qualifications. (2) “Best value score” means the total score awarded to a proposer for all scored evaluation factors. (3) “Building” includes each of the following: (A) One or more buildings located or to be located on one or more sites. (B) The remodeling of any building located on a site to be leased pursuant to this article. (C) Onsite and offsite facilities, utilities, or improvements that the governing board of the school district determines are necessary for the proper operation or function of the school facilities to be leased. (D) The permanent improvement of school grounds. (4) “Preconstruction services” means advice during the design phase including, but not limited to, scheduling, pricing, and phasing to assist the school district to design a more constructible project. (5) “Site” includes one or more sites, and also may include any building or buildings located or to be located on a site. (Amended by Stats. 2016, Ch. 521, Sec. 1. (AB 2316) Effective January 1, 2017.)
  169. 17401.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    For this article, “lease or agreement” includes a lease-purchase 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17401. As used in this article “lease or agreement” shall include a lease-purchase agreement. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  170. 17402.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a school district board enters a lease or related agreement, it must already have a suitable site, have followed site-selection and approval law, and have approved building plans and specifications.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17402. Before the governing board of a school district enters into a lease or agreement pursuant to this article, it shall have available a site upon which a building to be used by the district may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites, and it shall have prepared and shall have adopted plans and specifications for the building that have been approved pursuant to Sections 17280 to 17316, inclusive. A district has a site available for the purposes of this section under any of the following conditions: (a) If it owns a site or if it has an option on a site that allows the school district or the designee of the district to purchase the site. Any school district may acquire and pay for an option containing such a provision. (b) If it is acquiring a site by eminent domain proceedings and pursuant to Chapter 6 (commencing with Section 1255.010) of Title 7 of Part 3 of the Code of Civil Procedure, the district has obtained an order for possession of the site, and the entire amount deposited with the court as the probable amount of compensation for the taking has been withdrawn. (c) In the case of a district qualifying under Section 17410, if it is leasing a site from a governmental agency pursuant to a lease having an original term of 35 years or more or having an option to renew that, if exercised, would extend the term to at least 35 years. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  171. 17403.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s lease or agreement under this article cannot run longer than 99 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17403. The term of a lease or agreement entered into by a school district pursuant to this article shall not exceed 99 years. (Amended by Stats. 2018, Ch. 204, Sec. 1. (AB 1406) Effective January 1, 2019.)
  172. 17404.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Sections 17455 to 17480 do not apply to leases made under 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17404. Sections 17455 to 17480, inclusive, shall not apply to leases made pursuant to this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  173. 17405.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Leases and agreements involving school facilities must meet listed building and site requirements, with specific exceptions for certain trailer coaches and short-term leased 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17405. Any lease or agreement shall be subject to the following requirements: (a) A building or structure that is to be used for school purposes shall be subject to the provisions of Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). A building or facility used by a school district under a lease or lease-purchase agreement into which neither pupils nor teachers are required to enter or that would be excluded from the definition of “school building,” as contained in Section 17368, shall not be considered to be a “school building” within the meaning of Section 17283. (b) Subdivision (a) shall not apply to trailer coaches used for classrooms or laboratories if the trailer coaches conform to the requirements of Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code, and the rules and regulations promulgated thereunder concerning mobilehomes, are not expanded or fitted together with other sections to form one unit greater than 24 feet in width, are used for special educational purposes, and are used by not more than 12 pupils at a time, except that the trailer coaches may be used by not more than 20 pupils at a time for driver training purposes. (c) The site on which a leased relocatable structure is located shall be owned by the school district, or shall be under the control of the school district pursuant to a lease or a permit. “Relocatable structure” is any structure that is designed to be relocated. (d) For purposes of interconnection of fire alarms, buildings leased for 24 months or less shall be subject to Section 809 of the Uniform Building Code until applicable regulations proposed by the State Fire Marshal are adopted as part of Title 24 of the California Code of Regulations. (e) Notwithstanding any other provision of law, this section shall become operative on September 30, 1997. (Amended (as to be added by Stats. 1996, Ch. 277, 2nd text) by Stats. 1997, Ch. 320, Sec. 4. Effective August 18, 1997. As amended, this section initially became operative on September 30, 1997, by Sec. 10 of Ch. 320 (and by its own provisions).)
  174. 17407.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may make a lease agreement for a building to be constructed for district use, subject to bidding and notice 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17407. (a) The governing board of any school district may enter into an agreement with any person, firm, or corporation under which that person, firm, or corporation shall construct, or provide for the construction of, a building to be used by the district upon a designated site and lease the building and site to the district. The instrument shall provide that the title to the building and site shall vest in the district at the expiration of the lease, and may provide the means or method by which the title to the building and site shall vest in the district prior to the expiration of the lease, and shall contain other terms and conditions as the governing board of the district deems to be in the best interest of the district. (b) The agreement entered into shall be with the lowest responsible bidder who shall give the security that any board requires. The board may reject all bids. For the purpose of securing bids the board shall publish at least once a week for two weeks in some newspaper of general circulation published in the district, or if there is no paper, then in some paper of general circulation circulated in the county, a notice calling for bids, stating the proposed terms of the agreement and the time and place where bids will be opened. (c) This section shall become operative on January 1, 2019. (Repealed (in Sec. 3) and added by Stats. 2014, Ch. 408, Sec. 4. (AB 1581) Effective January 1, 2015. Section operative January 1, 2019, by its own provisions.)
  175. 17407.5.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may not make certain leasing agreements unless the other party commits to using a skilled and trained workforce, subject to listed 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17407.5. (a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to the governing board of the school district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (b) Subdivision (a) shall not apply if any of the following requirements are met: (1) The governing board of the school district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or contract to use a skilled and trained workforce and the entity agrees to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the school district prior to January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or contract to use a skilled and trained workforce. (c) For purposes of this section, “project labor agreement” has the same meaning as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (Amended by Stats. 2016, Ch. 774, Sec. 2. (SB 693) Effective January 1, 2017.)
  176. 17407.7.

    ## 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    For certain school-education property leases, the requirements in Sections 17406, 17407, and 17407.5 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17407.7. The requirements of Sections 17406, 17407, and 17407.5 shall apply to any agreement entered into by a county board of education, county office of education, or county superintendent of schools to let to any person, firm, or corporation any real property that belongs to the county office of education or a school district and requires the lessee to construct on the demised premises or provide for the construction of a building thereon for use by the county office of education or a school district. (Added by Stats. 2017, Ch. 125, Sec. 2. (AB 591) Effective January 1, 2018.)
  177. 17408.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board must call and hold an election before or after entering a lease or agreement, unless the lease or agreement does not increase the district’s existing applicable maximum tax rate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17408. The governing board of a school district shall call and hold an election, pursuant to Section 17409 or 17412, before or after entering a lease or agreement, as the case may be, except that if the lease or agreement does not effect an increase in the existing applicable maximum tax rate of the district, the election requirements of this section shall not apply. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  178. 17409.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before the district enters a lease or related agreement, its governing board must hold an election and use a ballot with the required wording.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17409. Before entering into a lease or agreement pursuant to this article, the governing board of the district shall call, hold, and conduct an election in the manner provided in Section 42202, except that the ballot used in the election shall contain substantially the words: “Shall the governing board of the ____ District purchase (a site, sites) prepare plans and specifications, [the reference to the site or sites and plans and specifications shall not be included if, prior to calling the election, the governing board of the district has acquired a site or sites or proposes to lease a site or sites and has prepared plans and specifications] and lease (a site and, sites and) (a building, buildings) to be constructed for use by the school district [designating the location of the site or sites on which the building or buildings will be constructed and generally describing the building or buildings], and, for such purposes, shall the maximum tax rate of the district be increased by not to exceed ____, such increase to be in effect in the ____ District for the years 19_ to __, be authorized and the amount of such increase used solely and exclusively for such purposes?” (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  179. 1741.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Supervision of Attendance [1740 - 1742] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may supervise pupil attendance in certain district schools only with county board approval, and must transfer the district’s actual cost to the county school service 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 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 5. Supervision of Attendance [1740 - 1742] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 1741. The county superintendent of schools may, with the approval of the county board of education, provide for the supervision of the attendance of pupils in school districts under his jurisdiction other than specified in Section 1740. The county superintendent of schools shall transfer from the funds of the district to the county school service fund an amount equal to the actual cost of providing for the supervision of attendance. (Enacted by Stats. 1976, Ch. 1010.)
  180. 17410.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The district governing board must hold an election before entering certain leases or agreements, and may only proceed if the required voter approvals are obtained.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17410. (a) If, at an election held pursuant to Section 17409, or the predecessor to that section, a majority of the electors voting on the proposition voted “Yes,” the governing board may call an election pursuant to this section. Before entering into one or more leases or agreements pursuant to this section and this article, the governing board of the district shall call, hold, and conduct an election in the manner provided in Section 42202 of the Education Code, as it existed on December 31, 1979, except that the ballot used in the election shall contain substantially the words: “Shall the governing board of the ____ District purchase (a site, sites) prepare plans and specifications [the reference to the site or sites and plans and specifications shall not be included if, prior to calling the election, the governing board of the district has acquired a site or sites or proposes to lease a site or sites or has prepared plans and specifications] and lease (a site, sites) and (a building, buildings) to be constructed for use by the school district (designating the location of the site or sites on which the building or buildings will be constructed and generally describing the building or buildings) and for those purposes, shall the tax rate increase authorized on [the date of the original election], be used solely and exclusively for those purposes in addition to those approved by the majority of electors at the election held pursuant to Section 17409, or the predecessor to that section, on [the date of the original election]?” If, at the election held pursuant to this section, a majority of the electors voting on the proposition vote “Yes,” the governing board may proceed pursuant to this article to use that previously authorized tax increase for the purpose or purposes authorized under that election. (b) It is the intent of the Legislature, in enacting this section, to permit the levy of a tax to the extent authorized at an election held pursuant to Section 17409, or the predecessor to that section, as modified to permit the proceeds of that tax to be expended for the purposes authorized at the election held pursuant to subdivision (a). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  181. 17411.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A district’s governing board may add a ballot statement reserving the right to lease fewer buildings, and may later decide not to lease some of the buildings listed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17411. The governing board of the district, if the district proposes at an election held pursuant to Section 17409 to lease more than one building, may include in the ballot measure used in the election a statement that the district reserves the right to lease less than all of the proposed buildings designated in the ballot measure. If such a statement is included in the ballot measure, the governing board may at any time thereafter determine to not lease one or more of the buildings included in the ballot measure, and such determination shall not breach any obligation of the district to the voters of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  182. 17412.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    An election held under Section 17409 or 17413 must be held with either a statewide primary or general election, or on the election date specified in Elections Code Section 1000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17412. An election held pursuant to Section 17409 or Section 17413 shall be held in conjunction with either a statewide primary or general election, or an election date specified in Section 1000 of the Elections Code. (Amended by Stats. 2006, Ch. 588, Sec. 5. Effective January 1, 2007.)
  183. 17413.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may call this election route instead of Section 17409, and after opening proposals or adopting a resolution it may act within 10 days and then call the election.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17413. In lieu of calling an election pursuant to Section 17409, the governing board of a school district may call an election pursuant to this section. Within 10 days after the governing board has opened the proposals pursuant to Section 17417 or has adopted a resolution pursuant to Section 17418 it may accept a proposal, if proceeding under Section 17417, and execute the lease or agreement, and immediately thereafter call an election pursuant to this section. The governing board of the district shall call, hold, and conduct an election in the manner provided in Section 42202, except that the ballot used in the election shall contain substantially the words: “Shall the governing board of the ____ District lease [a site (sites) and] a building [buildings] to be constructed for use by the school district [designating the location of the site or sites on which the building or buildings will be constructed, and generally describing the building or buildings and the cost thereof], and, for such purposes, shall the maximum tax rate of the district be increased by not to exceed ____, such increase to be in effect in the ____ District for the years 19__ to ____, be authorized and the amount of such increase used solely and exclusively for such purposes?” (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  184. 17414.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If the required election result is a majority “Yes,” the governing board may proceed under 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17414. If, at the election held pursuant to Section 17409 or Section 17413, a majority of the electors voting on the proposition vote “Yes,” the governing board may proceed pursuant to this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  185. 17415.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If school district territory is transferred after certain tax-rate approval and a lease or site agreement is in place or pending, the acquiring district must automatically take on and pay its proportional share of the remaining lease payments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17415. Whenever the electors of a school district, at an election held pursuant to Section 17409 or 17413, have approved an increase in the maximum tax rate of the district for the purpose of enabling the district to enter into a lease or agreement for a site or building, or both, and before the lease or agreement is entered into, or during the term of the lease or agreement, territory is taken from the district and annexed to or included in another district by any means, the acquiring district shall automatically assume and shall pay to the district from which the territory is transferred a proportionate share of any remaining payments due under the lease or agreement, as the payments become due, for so long as the lease or agreement runs. The acquiring district’s proportionate share shall be in the ratio which the total assessed valuation of taxable property in the transferred territory bore to the total assessed valuation of taxable property in the whole district from which the territory is transferred for the year immediately preceding the date on which the transfer became effective for all purposes. This section shall be applicable only with respect to transfers of school district territory which become effective for all purposes after the effective date of enactment of this section, and shall be applicable whether the election under Section 17409 or 17413 occurred prior to or after the effective date of this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  186. 17416.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The district’s governing board must enter the lease within three years after the qualifying election, unless subdivision (b) extends the time.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17416. (a) Unless the time allowed for the governing board to enter into the lease agreement is extended pursuant to subdivision (b), if the governing board of the district fails to enter into a lease pursuant to this article within three years after an election, held pursuant to Section 17409, at which a majority of the votes cast favors the proposition submitted, the authorization for an increase in the maximum tax rate shall become void. (b) If litigation is filed challenging in any way the election held pursuant to Section 17409 or the competitive bidding proceedings or contract for the construction of the building to be used by the district; compliance with the California Environmental Quality Act; or the validity of or the proceedings for the issuance of any bonds, notes, warrants, or other evidences of indebtedness of a nonprofit corporation to be sold to finance construction of the building, the authorization for an increase in the maximum tax rate shall not become void because of the failure of the governing board to enter into a lease pursuant to this article until three years after the date upon which this subdivision becomes effective. This subdivision shall apply only to school districts which had an average daily attendance of 65,000 or more in the 1975–76 fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  187. 17417.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing board must adopt a resolution to शुरू the lease process, set a public meeting at least three weeks later, give notice as required, and open and review sealed proposals publicly.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17417. After the governing board of a school district has complied with Section 17402, it shall, in a regular open meeting, adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article. The resolution shall describe, in any manner to identify it, the available site upon which the building to be used by the district shall be constructed, shall generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor, shall, if that is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed, and shall state the maximum number of years for which the school district will lease the building or site and building, as the case may be, and shall state that the proposals submitted therefor shall designate the amount of rental, which shall be annual, semiannual, or monthly, to be paid by the school district for the use of the building, or building and site, as the case may be. The resolution shall fix a time, not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to enter a lease or agreement with the school district will be received from any person, firm, or corporation, and considered by the governing board. Notice thereof shall be given in the manner provided in Section 17469. At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to enter a lease or agreement and which are made by responsible bidders, the proposal which calls for the lowest rental shall be finally accepted, or the board shall reject all bids. The board is not required to accept a proposal, or else reject all bids, on the same day as that in which the proposals are opened. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  188. 17418.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing board may approve a resolution to lease or contract for a school facility with a nonprofit public benefit corporation, but the resolution must include specified site, building, rental, and lease-term details.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17418. (a) As an alternative to obtaining sealed proposals as required by Sections 17407 and 17417, the governing board may, in a public meeting, adopt a resolution declaring its intention to enter into a lease or agreement pursuant to this article with a nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) if the articles of incorporation or bylaws of the nonprofit public benefit corporation provide both of the following: (1) That no person shall be eligible to serve as a member or director of the corporation except a person initially approved by resolution of the governing board of the school district. (2) That no part of the net earnings of the corporation shall inure to the benefit of any member, private shareholder, individual, person, firm or corporation excepting only the school district. (b) The resolution adopted by the governing board shall do all of the following: (1) Describe, in a manner to identify it, the available site upon which the building to be used by the district shall be constructed. (2) Generally describe the building to be constructed and state that the building shall be constructed pursuant to the plans and specifications adopted by the governing board therefor. (3) If that is the case, state the minimum yearly rental at which the governing board will lease real property belonging to the district upon which the building is to be constructed. (4) State the maximum number of years for which the school district will lease the building, or building and site, as the case may be. (c) Any building constructed by a nonprofit public benefit corporation pursuant to a lease or agreement entered into pursuant to this section shall be constructed under a contract awarded to the lowest responsible bidder pursuant to Article 42 (commencing with Section 20670) of Part 3 of Division 2 of the Public Contract Code. Section 17424 applies to the contract. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  189. 17419.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a nonprofit corporation issues debt to finance a building under a Section 17418 lease or agreement, the debt must be sold under the Government Code procedure named in this 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17419. Any bonds, notes, warrants, or other evidences of indebtedness to be issued by a nonprofit corporation to finance the construction of a building pursuant to a lease or agreement entered into pursuant to Section 17418 shall be sold pursuant to Chapter 10 (commencing with Section 5800) of Division 6 of Title 1 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  190. 1742.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Supervision of Attendance [1740 - 1742] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Services described in Sections 1740 and 1741 must be performed by people who hold a valid credential from the Commission on Teacher Credentialing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 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 5. Supervision of Attendance [1740 - 1742] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 1742. The services described in Sections 1740 and 1741 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing performance of the service. (Amended by Stats. 2024, Ch. 471, Sec. 2. (SB 1329) Effective January 1, 2025.)
  191. 17420.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Certain bonds, notes, warrants, and similar indebtedness tied to Section 17419 are exempt from state taxation, except inheritance, gift, and franchise taxes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17420. All bonds, notes, warrants or other evidences of indebtedness referred to in Section 17419 and the interest thereon, and all bonds, notes, warrants, or other evidences of indebtedness issued to refinance any bonds, notes, warrants, or other evidences of indebtedness referred to in Section 17419 and the interest thereon, are exempt from all taxation in the state other than inheritance, gift and franchise taxes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  192. 17421.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Buildings constructed for a school district under this article are subject to Sections 17280 to 17313.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17421. Any building constructed for the use of a school district pursuant to this article is subject to Sections 17280 to 17313, inclusive. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  193. 17422.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    For certain Education Code purposes, half of the district’s remaining lease payments count as outstanding bonded indebtedness.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17422. For the purposes of Sections 15102 and 15106 and Chapter 6 (commencing with Section 16000) of Part 10, 50 percent of any remaining payments for use of the building or site and building which would become due from the district under any leases and agreements entered into by the district pursuant to this article, if the leases and agreements were to run their full term, shall be considered outstanding bonded indebtedness. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  194. 17423.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A district may not enter a lease or agreement under this article if the stated debt-and-rental-payment test would exceed the applicable percentage of the district’s taxable property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17423. No district shall enter into any lease or agreement pursuant to this article if at the time 50 percent of any remaining rental payments for use of the building or site and building which would become due from the district pursuant to this article, including the lease or agreement to be entered into, if the leases and agreements were to run their full term, plus the total amount of district bonded indebtedness outstanding at the time, shall exceed 7.5 percent for elementary school districts and high school districts and 12.5 percent for unified school districts of the taxable property of the district as shown by the last equalized assessment of the county or counties in which the district is located. For the purpose of this section, the taxable property of the district shall be determined upon the basis that the district’s assessed value has not been reduced by the exemption of the assessed value of business inventories in the district or reduced by the homeowners’ property tax exemption. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  195. 17424.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The school district’s governing board must obtain and publish prevailing wage information for construction-related work, and related leases or agreements must require payment of those rates, including overtime at not less than 1.5 times the basic rate for work over eight hours in a day.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17424. The governing board of the school district shall obtain the general prevailing rate of per diem wages from the Director of the Department of Industrial Relations for each craft, classification or type of workman needed for the construction of the building and shall specify in the resolution and in the notice, required by Section 17417, or in the resolution required by Section 17418 and in the lease or agreement made pursuant to this article, what the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality is for each craft, classification or type of workmen needed for the construction of the building. The holidays upon which such rate shall be paid need not be specified by the governing board, but shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of workmen employed on the project. Any agreement or lease entered into pursuant to this article shall require that such general prevailing rates will be paid. It shall also require that work performed by any workman employed upon the project in excess of eight hours during any one calendar day shall be permitted only upon compensation for all hours worked in excess of eight hours per day at not less than 11/2 times the basic rate of pay. There may also be included in leases or agreements entered into pursuant to this article any other requirements with respect to matters related to the subject of this section which the governing board deems necessary or desirable. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  196. 17425.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If another law conflicts with this article, this article controls.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17425. The provisions of this article prevail over any provisions of law which conflict therewith. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  197. 17426.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section validates certain prior school district acts, elections, tax-rate increases, and leases made before the section took effect, except for matters already being contested or previously ruled invalid.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17426. All acts and proceedings taken prior to the effective date of the enactment of this section, by or on behalf of any district under this article, or under color of this article, for the authorization of an increase in the maximum tax rate of the district and for the leasing of a building or buildings for the purposes of the district are hereby confirmed, ratified, validated, and declared legally effective. This shall include all acts and proceedings of the governing board of the district and of any person, public officer, board, or agency, heretofore done or taken upon the question of the authorization of the tax rate increase or the leasing. Whenever an election has been called and held prior to the effective date of the enactment of this section, for the purpose of submitting to the voters of any district the question of an increase in the maximum tax rate of the district and for the leasing of a building or buildings for the purposes of the district, the election and all proceedings attendant thereon are hereby confirmed, ratified, validated, and declared to be legally effective for all purposes, and the tax rate increase, if authorized by the required vote and in accordance with the proceedings heretofore taken, shall be a legal and valid authorization, in accordance with its terms, and any tax heretofore or hereafter levied pursuant to that authorization shall be legal and valid. The foregoing provisions of this section shall operate to supply any legislative authorization that may be necessary to validate the acts and proceedings heretofore taken which the Legislature could have supplied or provided for in this article. The foregoing provisions of this section shall be limited to the validation of acts and proceedings to the extent to which the same can be effectuated under the California and United States Constitutions. The foregoing provisions of this section shall not operate to confirm, ratify, validate, or legalize any act, proceeding, or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined or which may be pending and undetermined during the period of 30 days from and after the effective date of this section, and shall not operate to confirm, ratify, validate, or legalize any act, proceeding, or other matter which has heretofore been determined in any legal proceeding to be illegal, void, or ineffective. In any school district in which an election was called and held prior to the effective date of this section in which the voters of the district authorized an increase in the maximum tax rate of the district and the leasing of a building or buildings for the purposes of the district, the law in effect at the date of the school district election shall govern the terms of the lease, the terms of the sale of related bonds, notes, and warrants, and the school district’s maximum bonded indebtedness, and Section 17423 shall not be applicable to the school district’s entry into any lease or agreement authorized at an election called and held prior to the effective date of this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  198. 17427.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The State Allocation Board must treat certain community school pupils in nonconforming leased facilities as unhoused when deciding priority for portable classroom leasing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17427. The State Allocation Board shall consider community school pupils housed in leased facilities that do not conform to the requirements of Part 2 (commencing with Section 2-101), Part 3 (commencing with Section 3-089-1), Part 4 (commencing with Section 4-403), and Part 5 (commencing with Section 5-102), of Title 24 of the California Code of Regulations as unhoused for the purposes of determining priority for the leasing of portable classrooms pursuant to Chapter 14 (commencing with Section 17085) of Part 10. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  199. 17428.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease or buy property in an adjoining school district for garage, warehouse, or other utility purposes, and may dispose of it the same way as district property. Eminent domain does not apply, and purchases need approval from the governing board of the district where the property is located.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17428. The governing board of a school district may lease property in an adjoining school district for garage, warehouse, or other utility purposes or may purchase property in an adjoining school district for those purposes and may dispose of the property in the same manner as property within the boundary of the district is purchased and disposed of. The power of eminent domain shall not be applicable and the acquisitions by purchase shall be subject to the approval of the governing board of the school district in which the property is located. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  200. 17429.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A qualifying school district may lease an existing school from a California nonprofit corporation and pay rent from voter-approved tax-rate increase funds, subject to the stated election and site 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 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Leasing Property [17400 - 17429] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17429. (a) This section shall apply only to a school district in which the electorate authorizes an increase in the maximum tax rate of the district pursuant to this article for the lease of one or more schools, and there exists at the time of the election on a site owned by the district a school facility not owned by the district meeting all of the requirements of Article 3 (commencing with Section 17280) of this chapter, which site and school facility are designated and described in the ballot proposition approved by the voters. (b) Notwithstanding any other law, a school district may lease from a California nonprofit corporation an existing school and may pay rentals therefor from funds derived from the increase in the maximum tax rate approved by the voters at an election. The purchase price of the school paid by the nonprofit corporation to the owners of the school shall not exceed the actual audited cost of construction thereof including actual interest paid on money borrowed to finance such construction. Prior to the purchase of the school by the nonprofit corporation, an independent certified public accountant shall be retained by the school district to verify the actual cost of construction and any interest paid to finance the construction, and the nonprofit corporation may conclusively rely upon any certificate or opinion setting forth the actual cost of construction and the interest prepared by the independent certified public accountant. (c) A school district, the electorate of which, prior to the effective date of this section, authorized an increase in the maximum tax rate in the manner, for the purposes, and under the circumstances specified in subdivision (a), may avail itself of the authority afforded by subdivision (b). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

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