State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 17592.70-17592.74

EDUCATION CODE
SECTION 17592.70-17592.74



17592.70.  (a) There is hereby established the School Facilities
Needs Assessment Grant Program with the purpose to provide for a
one-time comprehensive assessment of school facilities needs. The
grant program shall be administered by the State Allocation Board.
   (b) (1) The grants shall be awarded to school districts on behalf
of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic
Performance Index (API), pursuant to Section 52056, based on the 2003
base API score for each school newly constructed prior to January 1,
2000.
   (2) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base API shall include any schools
determined by the department to meet either of the following:
   (A) The school meets all of the following criteria:
   (i) Does not have a valid base API score for 2003.
   (ii) Is operating in fiscal year 2004-05 and was operating in
fiscal year 2003-04 during the Standardized Testing and Reporting
(STAR) Program testing period.
   (iii) Has a valid base API score for 2002 that was ranked in
deciles 1 to 3, inclusive, in that year.
   (B) The school has an estimated base API score for 2003 that would
be in deciles 1 to 3, inclusive.
   (3) The department shall estimate an API score for any school
meeting the criteria of clauses (i) and (ii) of subparagraph (A) of
paragraph (2) and not meeting the criteria of clause (iii) of
subparagraph (A) of paragraph (2), using available testing scores and
any weighting or corrective factors it deems appropriate. The
department shall provide those API scores to the Office of Public
School Construction and post them on its Web site within 30 days of
the enactment of this section.
   (4) For purposes of this section, schools ranked in deciles 1 to
3, inclusive, on the 2003 base API shall exclude any schools
determined by the department to be operated by county offices of
education pursuant to Section 56140.
   (c) The board shall allocate funds pursuant to subdivision (b) to
school districts with jurisdiction over eligible schoolsites, based
on ten dollars ($10) per pupil enrolled in the eligible school as of
October 2003, with a minimum allocation of seven thousand five
hundred dollars ($7,500) for each schoolsite.
   (d) As a condition of receiving funds pursuant to this section,
school districts shall do all of the following:
   (1) Use the funds to develop a comprehensive needs assessment of
all schoolsites eligible for grants pursuant to subdivision (b). The
assessment shall contain, at a minimum, all of the following
information for each schoolsite:
   (A) The year each building that is currently used for
instructional purposes was constructed.
   (B) The year, if any, each building that is currently used for
instructional purposes was last modernized.
   (C) The pupil capacity of the school.
   (D) The number of pupils enrolled in the school.
   (E) The density of the school campus measured in pupils per acre.
   (F) The total number of classrooms at the school.
   (G) The age and number of portable classrooms at the school.
   (H) Whether the school is operating on a multitrack, year-round
calendar, and, if so, what type.
   (I) Whether the school has a cafeteria, or an auditorium or other
space used for pupil eating and not for class instruction.
   (J) The useful life remaining of all major building systems for
each structure housing instructional space, including, but not
limited to, sewer, water, gas, electrical, roofing, and fire and life
safety protection.
   (K) The estimated costs for five years necessary to maintain
functionality of each instructional space to maintain health, safety,
and suitable learning environment, as applicable, including
classroom, counseling areas, administrative space, libraries,
gymnasiums, multipurpose and dining space, and the accessibility to
those spaces.
   (L) A list of necessary repairs.
   (2) Use the data currently filed with the state as part of the
process of applying for and obtaining modernization or construction
funds for school facilities, or information that is available in the
California Basic Education Data System for the element required in
subparagraphs (D), (E), (F), and (G) of paragraph (1).
   (3) Use the assessment as the baseline for the facilities
inspection system required pursuant to subdivision (e) of Section
17070.75.
   (4) Provide the results of the assessment to the Office of Public
School Construction, including a report on the expenditures made in
performing the assessment. It is the intent of the Legislature that
the assessments be completed as soon as possible, but not later than
January 1, 2006.
   (5) If a school district does not need the full amount of the
allocation it receives pursuant to this section, the school district
shall expend the remaining funds for making facilities repairs
identified in its needs assessment. The school district shall report
to the Office of Public School Construction on the repairs completed
pursuant to this paragraph and the cost of the repairs.
   (6) Submit to the Office of Public School Construction an interim
report regarding the progress made by the school district in
completing the assessments of all eligible schools.



17592.71.  (a) There is hereby established in the State Treasury the
School Facilities Emergency Repair Account. The State Allocation
Board shall administer the account.
   (b) (1) Commencing with the 2005-06 fiscal year, an amount of
moneys shall be transferred in the annual Budget Act from the
Proposition 98 Reversion Account to the School Facilities Emergency
Repair Account, equaling 50 percent of the unappropriated balance of
the Proposition 98 Reversion Account or one hundred million dollars
($100,000,000), whichever amount is greater. Moneys transferred
pursuant to this subdivision shall be used for the purpose of
addressing emergency facilities needs pursuant to Section 17592.72.
   (2) Notwithstanding paragraph (1), for the 2008-09 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall not exceed one hundred one million
dollars ($101,000,000).
   (3) Notwithstanding paragraph (1), for the 2009-10 fiscal year,
the amount of money to be transferred from the Proposition 98
Reversion Account to the School Facilities Emergency Repair Account
pursuant to paragraph (1) shall be zero.
   (c) The Legislature may transfer to the School Facilities
Emergency Repair Account other one-time Proposition 98 funds, except
funds specified pursuant to Section 41207. Donations by private
entities shall be deposited in the account and, for tax purposes, be
treated as otherwise provided by law.
   (d) Funds shall be transferred pursuant to this section until a
total of eight hundred million dollars ($800,000,000) has been
disbursed from the School Facilities Emergency Repair Account.



17592.72.  (a) (1) For the 2005-06 fiscal year, all moneys in the
School Facilities Emergency Repair Account are available for
reimbursement to schools ranked in deciles 1 to 3, inclusive, on the
Academic Performance Index, pursuant to Section 52056, based on the
2003 base Academic Performance Index score for each school, as
defined in subdivision (b) of Section 17592.70, to meet the repair
costs of the school district projects that meet the criteria
specified in subdivisions (c) and (d) and as approved by the State
Allocation Board.
   (2) Commencing with the 2006-07 fiscal year, all moneys in the
School Facilities Emergency Repair Account are available for the
purpose of providing emergency repair grants to schools ranked in
deciles 1 to 3, inclusive, on the Academic Performance Index,
pursuant to Section 52056, based on the 2003 base Academic
Performance Index score for each school, as defined in subdivision
(b) of Section 17592.70, to cover the costs of school district repair
projects that meet the criteria specified in subdivisions (c) and
(d). The State Allocation Board shall establish a grant application
process, grant parameters, substantial progress requirements, and a
process for providing certification of the completion of projects.
The State Allocation Board shall post the grant application form on
its Internet Web site.
   (3) For subsequent fiscal years, schools shall be eligible for
funding based on the Academic Performance Index scores as specified
in paragraph (2) of subdivision (c) of Section 1240.
   (b) (1) It is the intent of the Legislature that each school
district exercise due diligence in the administration of deferred
maintenance and regular maintenance in order to avoid the occurrence
of emergency repairs.
   (2) Funds made available pursuant to this article shall
supplement, not supplant, existing funds available for maintenance of
school facilities.
   (3) The board is authorized to deny future funding pursuant to
this article to a school district if the board determines that there
is a pattern of failure to exercise due diligence pursuant to
paragraph (1) or supplantation. If the board finds a pattern of
failure to exercise due diligence, the board shall notify the county
superintendent of schools in which the school district is located.
   (c) (1) For purposes of this article, "emergency facilities needs"
means structures or systems that are in a condition that poses a
threat to the health and safety of pupils or staff while at school.
These projects may include, but are not limited to, the following
types of facility repairs or replacements:
   (A) Gas leaks.
   (B) Nonfunctioning heating, ventilation, fire sprinklers, or
air-conditioning systems.
   (C) Electrical power failure.
   (D) Major sewer line stoppage.
   (E) Major pest or vermin infestation.
   (F) Broken windows or exterior doors or gates that will not lock
and that pose a security risk.
   (G) Abatement of hazardous materials previously undiscovered that
pose an immediate threat to pupil or staff.
   (H) Structural damage creating a hazardous or uninhabitable
condition.
   (2) For purposes of this section, "emergency facilities needs"
does not include any cosmetic or nonessential repairs.
   (d) For the purpose of this section, structures or components
shall only be replaced if it is more cost-effective than repair.




17592.73.  The State Allocation Board shall do all of the following:
   (a) Adopt regulations and review and amend its regulations, as
necessary, pursuant to 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),
for the administration of this article, including those regulations
necessary to specify the qualifications of the personnel performing
the needs assessment and a method to ensure their independence. The
initial regulations adopted pursuant to this article shall be adopted
as emergency regulations, and the circumstances related to the
initial adoption are hereby deemed to constitute an emergency for
this purpose. The initial regulations adopted pursuant to this
article shall be adopted by January 31, 2005.
   (b) Establish and publish any procedures and policies in
connection with the administration of this article as it deems
necessary.
   (c) Apportion funds to eligible school districts under this
article.
   (d) Provide technical assistance to school districts to implement
this article.
   (e) Submit an interim status report to the Legislature and the
Governor by June 30, 2005, by compiling the reports submitted
pursuant to paragraph (6) of subdivision (d) of Section 17592.70.
   (f) By June 30, 2008, report to the Legislature and the Governor
on expenditures pursuant to Section 17592.72 and projections of
future expenditures pursuant to Section 17592.72.



17592.74.  Notwithstanding any other law, the funds provided to
school districts from the School Facilities Emergency Repair Account
pursuant to this article for the purpose of emergency repair grants
shall not be used to do either of the following:
   (a) Supplant funds provided to local educational agencies for the
deferred maintenance of school facilities pursuant to Sections 17584
and 17587.
   (b) Be deposited into a school district deferred maintenance fund
for the purposes established pursuant to Section 17582.