17040-17052
EDUCATION CODE
SECTION 17040-17052
17040. Except as provided in Section 17041, no project shall be
approved, the building area of which, when added to the area of
adequate school construction existing in the applicant school
district at the time of application, will provide a total area of
school building construction per unit of estimated average daily
attendance in excess of that computed in accordance with Sections
17043, 17044, 17045, and 17046.
As used in Sections 17041.5, 17043, 17044, 17045, and 17046,
"maximum area" means maximum area of school building construction and
"attendance unit" means unit of estimated average daily attendance.
As used in this section and Sections 17045 and 17046, "attendance
center" means a school maintained or to be maintained at a given
location within a district. Enrollment projections shall be made for
the third fiscal year beyond the fiscal year in which the application
is made for a project for kindergarten or any of grades 1 to 6,
inclusive, and for the fourth fiscal year beyond the fiscal year in
which the application is made for a junior high school or high school
project. Except as otherwise provided by the board, the estimates of
average daily attendance shall be based upon the number of family
dwellings and mobilehome parks, as defined in Section 18214 of the
Health and Safety Code, under construction or newly constructed and
never occupied in the district and the number of children residing in
the district. In no case shall an estimate be given effect unless
approved by the board.
For the purposes of this chapter, pupils attending grades 7 and 8
in an elementary district, but residing in a high school district
that maintains one or more junior high schools, shall not be
considered in determining or estimating the average daily attendance
of the elementary district, unless one of the following conditions is
met:
(a) The elementary district is maintaining and has continuously
maintained grades 7 and 8 since a date prior to January 1, 1975.
(b) The elementary district, by a vote of the electorate at an
election held on June 2, 1981, withdrew its 7th and 8th grade pupils
from the high school district.
(c) The elementary district, by a vote of the electorate at an
election held on November 4, 1980, withdrew its 7th and 8th grade
pupils from the high school district and the high school district
continues to qualify for a project, other than a project pursuant to
Section 17041, on the basis of the remaining 7th and 8th grade
pupils. In no event shall a facility be constructed for the withdrawn
7th and 8th grade pupils at a distance less than one and one-half
miles from the nearest proposed or existing junior high facility.
When these pupils are so considered in determining or estimating
the average daily attendance of the elementary district, they shall
not be considered in determining or estimating average daily
attendance of the high school district for junior high school
purposes.
17040.1. (a) The allowable building area of any project, as
calculated under this article, may be increased by any applicant
school district, where the increase is funded exclusively from
sources other than any state programs administered by the State
Allocation Board. Any increase in building area pursuant to this
section in a project for which construction commenced on or after
January 1, 1987, not to exceed 110 percent of the area that would be
allowed under applicable state standards, shall be excluded from the
calculation of the area of adequate school construction for the
purposes of all subsequent project applications by the district under
this chapter.
(b) The maximum building cost permitted for any project under this
article may be increased, by not more than 10 percent, by any
applicant school district, where the increase is funded by the
district exclusively from the proceeds of a general obligation bond
measure approved by the voters of the district or of a special tax
pursuant to the formation of a community facilities district under
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5 of the Government Code, or both. In order to qualify for
this purpose, any tax or other charge authorized pursuant to that
approval or formation, respectively, shall apply uniformly to all
taxpayers or all real property within the school district, rather
than to a particular class of property or taxpayers, and shall
require that the amount of the school facilities fee or other
requirement that may be levied by the school district pursuant to
Section 17620, in addition to that tax or other charge, not exceed
the amount deemed by the governing board to be necessary for the
interim school facilities needs of the district.
17040.2. Where 75 percent or more of the total cost of a project
approved under this chapter is to be funded by the applicant district
from sources other than any state program administered by the board,
the area of the allowable new building construction for that
project, and the amount of the building cost allowed for that project
under this chapter, shall each be increased by 5 percent, plus 1
percent for each 1 percent by which that local contribution exceeds
75 percent.
17040.3. (a) Notwithstanding any other provision of this part, the
estimate of average daily attendance for an applicant school district
shall be calculated for up to and including two years longer than
the period of time permitted by Section 17040, as requested by the
district, where 50 percent or more of the cost of the project is
provided by the district from funding sources other than any state
program administered by the board. For the purposes of any subsequent
project application from that district based upon additional growth
in pupil enrollment, the estimate of average daily attendance shall
be based on enrollment projections for any period of time, as
requested by the district, up to and including that permitted by
Section 17040.
(b) The project shall be "fast tracked." For purposes of this
section, "fast tracking" means that the total amount of project
funding eligibility shall be established upon the board's approval of
the project, which shall be subsequently disbursed as necessary for
the development and construction of the project without the
prerequisite of any additional state certification or other
state-conducted review of project eligibility. Based upon the results
of an audit to be conducted upon completion of the project, the
board or the applicant district, as appropriate, shall pay to the
other any amount that is necessary to conform to the allocation of
project costs determined upon the board's approval of the project.
In the event that the applicant district has not executed all
contractual agreements necessary for the complete construction of the
project within a period of 18 months following the board's approval
of the project, this subdivision shall cease to apply to the project
with regard to any state funding of the project not yet disbursed.
Upon request of the applicant district and approval by the board,
this 18-month period may be extended for an additional period of up
to six months to account for one or more delays resulting from
circumstances beyond the district's control.
17040.4. Notwithstanding any other provision of this part, the
board may use, for purposes of determining the estimate of average
daily attendance for an applicant school district, a master plan that
has been prepared by a district that includes the additional pupils
due to increases in housing units within the boundaries of the
district or attendance area. Before a master plan may be used, both
of the following conditions shall be satisfied:
(a) The city, county, or city and county has obtained approval of
a local general obligation bond or has obtained funds pursuant to the
Mello-Roos Community Facilities Act of 1982, as set forth by Chapter
2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title
5 of the Government Code, to provide local matching funds for school
facility projects for which approval is being sought pursuant to
this section.
(b) At least 60 percent of the total cost of the project for which
approval is being sought shall be provided by funding sources other
than any state program administered by the board.
17040.5. Notwithstanding any other provision of this article, the
board shall exclude the area of enclosed stairs and appropriate
landings for each floor level served from the computation of the
allowable building area of multistory buildings for any applicant
school district.
17040.6. (a) For any school of two or more stories, the project
funding provided under this chapter shall include, at the request of
the applicant district, the costs of any or all of the following:
(1) Compliance with applicable requirements of law for fire
safety, and for handicapped access, as a result of the multistory
design.
(2) Playground apparatus.
(3) Duct shafts, utility tunnels, and pipe conduit chases.
(4) Security items required as a result of the multistory design.
(b) In calculating the maximum project funding that may be
allocated for parking, landscaping, and other general schoolsite
improvements, which calculation is determined in proportion to the
total building cost or area approved for funding under the project,
the total building cost or area approved for funding under the
project shall be computed by the board to include any increase in
project building area, as authorized under Section 17041.8. The
applicant district shall provide the board information on how the
supplemental project funding will be allocated to relieve the effects
resulting from less than the specified land area for the schoolsite.
(c) This section shall apply to any application for project
funding under this chapter for which the final apportionment for
construction of the project had not been made on or prior to December
1, 1987.
(d) For any project approved under this chapter, the amount of
project funding granted by the board shall include the actual and
reasonable costs incurred by any applicant district for the revision
of its project application for the purpose of qualifying for
supplemental project funding as authorized by this section.
17040.7. Notwithstanding any other provision of this article, the
board shall provide that building area for enclosed hallways in the
second or higher story of any building shall be counted as two-thirds
of the actual area. For purposes of this section "enclosed hallways"
includes, but is not limited to, all of the following:
(a) Covered passages, arcades, shelters, porches, and planting
areas.
(b) Enclosed covered areas that provide shelter between buildings
that are 20 feet or more apart.
(c) Sun control devices designed and located to function in lieu
of covered walks or other shelters.
(d) Mezzanines used for storage purposes.
17040.8. Where an applicant district that is eligible under this
chapter for project funding of new construction of school facilities
on an existing schoolsite, which site has less than 50 percent of the
land recommended under State Department of Education guidelines, as
published in the School Site Analysis and Development Handbook in
effect on January 1, 1987, the area of allowable new building
construction for that project shall be increased by the square
footage of any existing one-story school facility or facilities to be
replaced under the project by one or more multistory school
facilities.
17040.9. (a) (1) The board shall allocate the amount calculated
under subdivision (b), in addition to any other project funding
authorized under this chapter, to each project funded under this
chapter for which the resulting pupil density will exceed the
following:
(A) For a project for kindergarten or any of the grades 1 to 6,
inclusive, 90 pupils per acre.
(B) For a project for a junior high school project, 80 pupils per
acre.
(C) For a project for a senior high school project, 70 pupils per
acre.
(2) For any new construction project, pupil density shall be
computed, for purposes of paragraph (1), by dividing the number of
units of estimated average daily attendance for the project,
including those to be served by relocatable structures, by the
acreage of the project site.
(3) For any project for the construction of additional facility
space on an existing schoolsite or on land acquired that is adjacent
to an existing schoolsite, pupil density shall be computed, for
purposes of paragraph (1), by adding the number of units of estimated
average daily attendance for the project to the number of units of
average daily attendance for the existing school facilities, and
dividing that sum by the total site acreage for the project and the
existing school facilities.
(b) The supplemental project funding authorized under this section
shall be calculated by dividing the actual pupil density for the
project, as calculated under subdivision (a), by the threshold pupil
density for the project as set forth in that subdivision, and
multiplying the resulting fraction by an amount equal to the average
cost per acre of the land approved for acquisition by the board under
this chapter for the project, or that would have been approved for
acquisition if the applicant school district had not had an existing
schoolsite available for the project.
17041. Whenever the area of adequate school construction existing
in any attendance area is such as to prevent another attendance area
from receiving the maximum area of school construction for each unit
of attendance as specified for the district as a whole, the allowable
building area may be computed separately for each attendance area.
For the purposes of this section and Section 17041.5, an "attendance
area" is defined as the geographical area serving an existing or
proposed high school and those junior high schools and elementary
schools included therein.
17041.1. (a) Notwithstanding any other provision of this chapter,
the following determinations shall be made by a self-certifying
district, in the manner specified in this chapter and in accordance
with the standards governing those determinations that are adopted by
the board, for the purpose of calculating the district's eligibility
for project funding under this chapter:
(1) The total allowable building area for which the district is
eligible for project funding under this chapter.
(2) The district's area of existing adequate school construction,
including, but not limited to, the conducting of field inspections
for this purpose.
If requested by the applicant district, the board shall provide
assistance to the district in preparing the necessary documents for
self-certification pursuant to this chapter.
(b) The area determinations made by a self-certifying district
pursuant to subdivision (a) shall be certified by the district in its
application for project funding and shall be used by the board as
the basis for project funding eligibility, except to the extent of
any information that the board finds is demonstrated, pursuant to the
information certified and any other documentation available to the
board from prior project funding applications for that district, to
be materially inaccurate, regardless of whether the inaccuracy was
intended. No later than 30 calendar days after receipt of the
determinations certified pursuant to subdivision (a), the board shall
notify the district of any inaccuracies identified under this
subdivision.
(c) Each self-certifying district shall maintain documentation of
the determinations described in subdivision (a) as required by the
board. Those determinations shall be subject to subsequent audit as
the board may direct.
(d) All estimates of average daily attendance for a
self-certifying district for the purposes of this article shall be
made by the district in accordance with the standards governing those
estimates that are adopted by the board. Each determination made by
a self-certifying district pursuant to this subdivision shall be
reviewed for accuracy by the board or by the county office of
education in the county in which the district is located. In the
event that the review is performed by the board, that review shall be
completed no later than 45 calendar days subsequent to the board's
receipt from the district of all documentation necessary for that
purpose.
17041.2. (a) The State Allocation Board shall conduct random audits
of the information certified by self-certifying districts pursuant
to this chapter, except as to any determinations that are made under
subdivision (d) of Section 17041.1 or that are subject to audit by
the State Department of Education pursuant to Section 17024, using
generally accepted auditing principles, at any time to ensure
compliance with the law.
(b) If any information submitted by a self-certifying district in
its certification of funding eligibility for any project is found by
the board to contain any material inaccuracy, any building area
constructed as a result, in excess of the building area to which the
district was entitled for purposes of that project, shall be included
in the calculation of the area of adequate school construction for
the purposes of all subsequent project applications by the district
under this chapter. In addition, the board shall impose both of the
following penalties:
(1) Pursuant to a repayment schedule approved by the board, the
district shall repay to the board of no more than five years, for
deposit in the State School Building Lease-Purchase Fund, an amount
equal to the amount of project funding allocated under this chapter
to construct that excess building area, together with interest at the
rate paid on moneys in the Pooled Money Investment Account or at the
highest rate of interest for the most recent issue of state general
obligation bonds as established pursuant to Chapter 4 (commencing
with Section 16720) of Part 3 of Division 4 of Title 2 of the
Government Code, whichever is greater. The amount of any repayment
owing under this paragraph for any fiscal year, which is not repaid
otherwise by the district, shall be withheld by the board from any
project funding that otherwise would be allocated to that district
under this chapter in that fiscal year. As to any repayment
obligation remaining for that fiscal year, the board shall notify the
Superintendent of Public Instruction, who shall withhold the amount
of that remaining obligation from the apportionments to be made to
the district from the State School Fund in that fiscal year.
(2) The information that otherwise may be certified under this
chapter by a self-certifying district shall be made by the board
under any subsequent applications for project funding, rather than by
the applicant district, for a period of up to five years following
the date of the finding of a material inaccuracy, or until the
district's repayment of the entire amount owing under paragraph (1),
whichever occurs later.
(c) Any school district against which the board imposes the
penalties under paragraphs (1) and (2) of subdivision (b) may submit
for binding determination by an arbitrator the issue of whether the
penalties imposed are disproportionate to the inaccuracy certified by
the district. Except as otherwise provided by this chapter, the
procedure governing the arbitration shall be as set forth in Title 9
(commencing with Section 1280) of Part 3 of the Code of Civil
Procedure.
(d) It is the intent of the Legislature that audits as described
in this section not interfere with the application and construction
process under this chapter unless one or more violations are
discovered.
17041.3. For the purposes of Sections 17041 and 17041.5, allowable
building area may be computed, in the alternative to the methods
prescribed by Section 17041, for any combination of two or more
adjacent high school attendance areas pursuant to the following
conditions:
(a) The project to be funded is for the construction of a high
school, junior high school, or elementary school located or to be
located in any of those high school attendance areas.
(b) The high school, junior high school, or elementary school to
be constructed is to serve pupils residing in each of those high
school attendance areas.
(c) The combined computation of allowable building area reflects
the allowable building area to which each of the high school
attendance areas would otherwise be entitled, reflecting the
proportion of projected pupil enrollment in the school to be
constructed, as calculated under this chapter, from each of those
attendance areas.
17041.5. (a) Whenever the area of adequate school construction
existing in an attendance area is less than the maximum area computed
for that attendance area, any portion of the remaining computed
allowable building area may be used for the construction of district
administration and maintenance facilities.
(b) If the allowable building area is computed separately by
attendance area, the board shall include within the computation of
the maximum area for that attendance area the proposed building area
of a project for the construction of district administration and
maintenance facilities.
17041.6. The board shall, in allocating funds for school facilities
construction pursuant to this chapter, give first priority to
applicant districts proposing additional classrooms within their
maximum allowable building area before allocating funds to applicant
districts proposing administration and maintenance facilities.
17041.8. (a) Notwithstanding any other provision of law, any
applicant school district that receives supplemental project funding
under Sections 17040.6, 17040.7, 17040.8, and 17041.8 shall apply
that funding to the purposes of the project funded, in compliance
with any requirements set forth in those sections, but need not
comply in that regard with the allowable building area of that
project as otherwise calculated under this chapter. The expenditure
of the supplemental project funds authorized under those sections is
exempt from the total building cost standards applicable to the
project. In addition, the increase in building area authorized under
this subdivision is exempt, for purposes of any subsequent
application for project funding under this chapter, from the
calculation of existing adequate school construction of the district.
(b) Notwithstanding any other provision of law, the total amount
of supplemental project funding that an applicant district is
entitled to receive under Sections 17040.6, 17040.7, 17040.8, and
17040.9 may not exceed the lesser of the following:
(1) An amount equal to that calculated under subdivision (b) of
Section 17040.9.
(2) An amount equal to the sum of four thousand dollars ($4,000)
for each of the first 500 units of estimated average daily attendance
for the project, and two thousand dollars ($2,000) for each
additional unit of estimated average daily attendance. The monetary
rates set forth in this paragraph shall be increased annually for
inflation for the prior calendar year on the basis of the cost index
for class B construction as determined in the January meeting of the
board.
17042. (a) The board, by the adoption of rules, shall provide for
the manner of determining the area of adequate school construction
existing in an applicant school district at the time of application.
Those rules shall define and provide for the method of determining
building areas that are to be included in, in whole or in part, or to
be excluded from, the area of existing adequate school construction.
Any building to which Article 3 (commencing with Section 39140) of
Chapter 1 of Part 23 of Division 3 of Title 2 does not apply shall
not be considered adequate school construction for the purpose of
determining the maximum total building area per attendance unit.
The board may make exceptions to the provisions of this section,
or to the rules adopted pursuant thereto, if it determines that the
exception or exceptions will be for the benefit of pupils affected.
(b) For the purposes of this chapter, the area of adequate school
construction existing in an applicant school district does not
include any of the following:
(1) Any portable classroom made available to the district under
Chapter 25 (commencing with Section 17785).
(2) In any school operated on a year-round schedule, any building
area that has been in continuous use during the preceding five-year
period primarily for the operation of any preschool program or
programs.
(3) Any building area, not to exceed the area that is equivalent
to one classroom per schoolsite, used to provide support services
pursuant to Chapter 5 (commencing with Section 8800) of Part 6 or to
provide integrated children's services pursuant to Section 18986.40
of the Welfare and Institutions Code. A school shall meet the
definition of a "qualifying school" under paragraph (1) of
subdivision (h) of Section 8802 to qualify for this exemption from
the area of adequate school construction.
(4) Any classroom acquired or constructed and continuously used by
the school district primarily for the purpose of reducing class size
in kindergarten or in any of grades 1 to 3, inclusive, pursuant to
the school district's participation in the Class Size Reduction
Program contained in Chapter 6.10 (commencing with Section 52120) of
Part 28.
(5) Any classroom acquired or constructed for the purpose of
operating a community day school pursuant to Section 48660, if the
classroom is not located on a regular elementary, middle, junior
high, or senior high school site.
(c) The board may make exceptions to this section, or to the rules
adopted pursuant thereto, if it determines that the exception or
exceptions will be for the benefit of pupils affected.
17042.5. (a) For purposes of determining the area of adequate
school construction existing in an applicant school district pursuant
to Section 17042.7, all portable classrooms, whether owned or
leased, shall be included, except as otherwise provided in paragraphs
(1) to (3), inclusive.
(1) Leased portable classrooms acquired by a school district shall
not be included in the area of existing adequate school construction
until January 1, 1991.
(2) Portable classrooms leased pursuant to Chapter 14 (commencing
with Section 17085) shall be excluded from the area of adequate
school construction. Portable classrooms obtained by an applicant
district pursuant to subdivision (b) of Section 17088.5 also shall be
excluded from the area of adequate school construction, except as to
any portable classroom or classrooms for which the district rejected
the board's offer to purchase pursuant to that subdivision.
(3) Portable classrooms that have been leased or owned by the
district for 20 years or more shall be excluded from the area of
adequate school construction.
(4) Leased portable classrooms shall not be included in the area
of adequate school construction for a period of five years from the
date first leased by the district. That exclusion shall be extended
by the board for one additional five-year period where the board
finds that the continued use of the leased portable classrooms for
classroom purposes is justified by additional growth in average daily
attendance pursuant to the standards established by this part. If
the board finds continued use to be no longer justified, it may
extend the exclusion for a period of up to two years as necessary to
maintain the eligibility of the applicant district for project
funding pursuant to this chapter if the board finds that the district
has made a good faith effort to obtain that funding in a timely
manner. The additional five-year exclusion shall not apply to any
portable classroom for which, under the lease agreement, the district
is to take title, or the total consideration paid by the district
for the lease and an option to purchase is determined by the board to
be substantially equivalent to the cost of acquiring title.
(b) For purposes of this section, "portable classroom" means a
classroom building of modular design and construction that meets all
of the following criteria:
(1) Is designed and constructed to be relocatable and
transportable over public streets.
(2) Is designed and constructed for relocation without the
separation of the roof or floor from the building.
(3) When measured at the most exterior walls, has a floor area not
in excess of 2,000 square feet.
17042.7. (a) For any project application filed or amended on or
after January 1, 1993, the area of adequate school construction
existing in the applicant school district or, where appropriate, in
the attendance area, at the time of application shall be calculated
pursuant to the following formula:
(1) Identify by grade level all teaching stations existing in the
school district or, where appropriate, the attendance area, as of
January 1, 1993. For the purposes of this section, "teaching station"
means any space that was constructed or reconstructed to serve as an
area in which to provide pupil instruction.
(2) Determine the maximum pupil loading figure for each grade
level pursuant to the district pupil loading standards in effect on
January 1, 1993. For the purposes of this section, the "district
pupil loading standards" are those pupil loading standards in effect
in a school district on July 1, 1992, as a result of actions
including, but not necessarily limited to, the execution of a
collective bargaining agreement or the adoption of a district policy
by the governing board of the school district. In no event may this
figure be more than the maximum pupil loading standards established
by the board, or less than three pupil units lower than those maximum
pupil loading standards.
(3) Multiply the figure determined under paragraph (2) for each
grade level by the number of teaching stations for the particular
grade level, as determined under paragraph (1).
(4) Multiply the product determined under paragraph (3) by the
maximum area allowance established for that grade level under this
article.
(5) The sum of these computations for each grade level, as
determined under paragraphs (1) to (4), inclusive, shall be the total
area of adequate school construction existing in the district or
attendance area pursuant to this formula.
(b) For purposes of this section, a school district that is
participating in a class size reduction program set forth in this
code, other than the Class Size Reduction Program (Ch. 6.10
(commencing with Section 52120) of Part 28), shall use the pupil
loading standard established pursuant to that program.
(c) The area of existing adequate school construction calculated
under this section shall not include, in any school operated on a
year-round schedule, any teaching station that has been in continuous
use during the preceding five-year period primarily for the
operation of a preschool program or programs.
17042.9. (a) Notwithstanding any other provision of law, a school
district that complies with the requirements of subdivision (b) may
replace a portable classroom, as defined in Section 17742.5, that has
been leased or owned by the district for 20 years or more, with a
permanent building if the resulting area of new building construction
is no greater than the area that would be authorized under this
chapter for the lease or purchase of a portable classroom.
(b) A school district that utilizes subdivision (a) shall fund its
expenses incurred thereby through the issuance of general obligation
bonds by the district or by the issuance of bonds pursuant to the
Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing
with Section 53311) of Part 1 of Division 2 of Title 5 of the
Government Code) or by any other financing mechanism that does not
encumber the school district's general fund.
17043. (a) There shall be allowed to each district with attendance
units of 300 or more in kindergarten and grades 1 to 6, inclusive, a
maximum area of 55 square feet for each attendance unit of the
district in kindergarten and grades 1 to 6, inclusive.
(b) The maximum total building area per attendance unit allowed to
applicant districts with attendance units of less than 300 in
kindergarten and grades 1 to 6, inclusive, for such attendance units
shall be determined by the board, and shall be building area to
provide comparable facilities to those provided by subdivision (a) of
this section, and shall be the least building area required to house
adequately the estimated average daily attendance and the normal
instructional and other services.
17044. There shall be allowed to each district a maximum area of 75
square feet for each attendance unit of the district in grades 7 and
8.
17045. The maximum area allowed to a district for attendance units
in junior high schools composed of grades 7 to 9, inclusive, or 7 to
10, inclusive, as the case may be, shall be determined pursuant to
this section, rather than Sections 17044 and 17046. This section
shall not apply to junior high schools composed of grades 7 and 8
only.
The maximum area allowed for attendance units in junior high
schools shall be determined by computing, in accordance with this
section, the number of square feet for the attendance units at each
junior high school attendance center of the district, and totaling
the number of square feet so determined for all attendance units in
all such junior high school attendance centers of the district. There
shall be allowed a maximum area of 75 square feet for each
attendance unit of the junior high school attendance center in grades
7 and 8. For each attendance unit in grade 9, or grades 9 and 10, as
the case may be, at each junior high school attendance center, there
shall be allowed a maximum area equal to the number of square feet
which would be allowed under Section 17046 for each attendance unit
of an attendance center having a total number of attendance units
equal to the total number of attendance units in grades 7 to 9,
inclusive, or 7 to 10, inclusive, as the case may be, at such junior
high school attendance center. The number of square feet which would
be allowed under Section 17046 for each attendance unit of an
attendance center shall be computed by determining in accordance with
that section the total number of square feet which would be allowed
at an attendance center and dividing such total number of square feet
by the total number of attendance units at such attendance center.
17046. There shall be allowed to each district a maximum area for
the attendance units of the district in grades 9 to 12, inclusive,
determined by computing, for the attendance units in grades 9 to 12,
inclusive, at each attendance center of the district, a number of
square feet for the number of attendance units in such grades at each
attendance center, in accordance with the following table, and
totaling the number of square feet so determined for all attendance
units in such grades of all attendance centers of the district:
Maximum number of
Attendance units of square feet of
attendance center building area
1- 50................. 18,000
18,000 plus 162 for
51-100................ each
attendance unit over 50
26,100 plus 99 for
each
101-200...............
attendance unit over
100
36,000 plus 60 for
each
201-300...............
attendance unit over
200
42,000 plus 54 for
each
301-600...............
attendance unit over
300
58,200 plus 80 for
each
601-1,800 ............
attendance unit over
600
154,200 plus 85 for
each
Over 1,800............
attendance unit over
1,800
17046.7. Notwithstanding any other provision of law, the
determination of the area of allowable new building construction for
any project for an applicant school district for which original
construction commenced on or after January 1, 1987, shall be made on
the basis of 107 percent of the area that would otherwise be
determined for that purpose under this chapter, calculated to the
nearest whole number.
17046.8. Notwithstanding any other provisions of law, the maximum
allowable building area for each applicant district shall be reduced
by the product of the maximum area per attendance unit calculated for
each appropriate grade level and the number of pupils reported by
the Superintendent of Public Instruction for that grade level
pursuant to Section 42268. This reduction shall be calculated on the
basis, at the district's option, of either the district as a whole or
the appropriate attendance area, as defined in Section 17041.
17047. (a) The allowable new building area for the purpose of
providing special day class and Resource Specialist Program
facilities for special education pupils shall be negotiated and
approved by the State Allocation Board, with any necessary assistance
to be provided by the Special Education Division of the State
Department of Education. The square footage allowances shall be
computed within the maximum square footage set forth in the following
schedule:
Special Day Class Grade
Load- Square
Basic Need Levels ing* Footage
Nonsevere Disability
--Specific Learning
Disability All 12 1080
--Mildly Mentally
Retarded All 12 1080
--Severe Disorder
of Language All 10 1080
Severe Disability
--DeafandHardof All 10 1080
Hearing
--Visually Im- All 10 1330 (1080 + 250
paired storage)
2000 (1080 + 400
toilets
--Orthopedically + 250 storage +
and 270 daily
All 12
Other Health Im- living skills +
3000 therapy +
paired 750 therapy per
additional
classroom)
--Autistic All 6 1160 (1080 + 80
toilets)
--Severely Emotion- 1160 (1080 + 80
All 6 toilets)
ally Disturbed
1750 (1080 + 400
--Severely Mentally toilets
Elem. 12
Retarded + 270 daily
living skills)
2150 (1080 + 400
toilets
Secon. + 270 daily
living skills +
400 vocational)
2000 (1080 + 400
toilets
+ 250 storage +
--Developmentally 270 daily
All 10
Disabled living skills +
3000 therapy** +
750 therapy per
additional CR)
1400 (1080+200
--Deaf-Blind/Multi All 5 storage+150
toilets)
Square
Pupils Feet
Resource Specialist
Program for those
pupils
with disabling
conditions
whose needs have
been
1-8
identified by the All Maximum 9
-28
Individualized caseload 29- 240
Education for 37 480
38- 720
Program (IEP) Team, RS is 28, 56 960
who not all 57- 1200
65 1440
require special served at 66- 1680
education same 85 1920
86-
for a portion of time. 94
the day, and 95-112
who are assigned to
a
regular classroom
for a
majority of the
schoolday.***
*Special pupils may usually be
grouped
without accordance to type,
especially in
smaller districts or where
attendance zones
may indicate, to maximize
loadings per
classroom where there are
children with
similar educational needs (Sec.
56364 or
56364.2, as applicable).
**Therapy add-ons not to be
provided if on
same site as orthopedically
impaired.
*** To a maximum of 4 percent of
the
unhoused average daily
attendance of the
district, per new school or
addition, to a
maximum of 1920 square feet.
(b) The allowable new building area shall be computed by dividing
the number of eligible pupils by the minimum required loading per
classroom for special day classes for the type of pupils to be
enrolled. No new or additional facility shall be provided for special
day classes unless the number of additional eligible pupils equals
one-third or more of the minimum required loading.
17047.5. (a) All school facilities purchased or newly constructed
pursuant to this chapter for use, in whole or in part, by pupils who
are individuals with exceptional needs, as defined in Section 56026,
shall be designed and located on the schoolsite so as to maximize
interaction between those individuals with exceptional needs and
other pupils as appropriate to the needs of both.
(b) School district governing boards and county offices of
education shall ensure that school facilities for pupils who are
individuals with exceptional needs are integrated with other school
facilities in applying for the purchase or new construction of school
facilities pursuant to this chapter.
(c) The State Allocation Board, after consultation with the State
Department of Education and representatives from county offices of
education, special education services regions, and school districts,
shall develop and adopt any regulations necessary to implement this
section.
(d) Notwithstanding any other law, the requirement set forth in
subdivision (a) may be waived, by the Superintendent of Public
Instruction, only upon compliance with the following procedure:
(1) The applicant school district or county superintendent of
schools shall file a written request for waiver that documents the
reasons for its inability to comply with the requirement.
(2) The State Department of Education shall verify the reasons set
forth pursuant to paragraph (1), including the documentation
submitted, which verification shall be completed no later than 30
days after the filing of the request for waiver with the
Superintendent of Public Instruction.
(3) The Advisory Commission on Special Education, as established
under Section 33590, at its first scheduled meeting following the
verification conducted pursuant to paragraph (2), shall review the
request for waiver, accompanying documentation, and the verification
findings of the State Department of Education. No later than 15 days
following the date of that meeting, the commission shall submit its
written comments and recommendations regarding the request for waiver
to the Superintendent of Public Instruction.
(4) The Superintendent of Public Instruction shall review the
comments and recommendations submitted by the Advisory Commission on
Special Education prior to approving or rejecting the request for
waiver.
(5) Any request for waiver, submitted in accordance with this
section, that is not rejected within 60 days of its receipt by the
State Department of Education, shall be deemed approved.
(e) This section does not apply to any application for project
funding under this chapter that meets one of the following
conditions:
(1) The application was submitted to the board prior to January 1,
1987, and all of the facilities under the project for use, in whole
or in part, by pupils who are individuals with exceptional needs are
located on a schoolsite on which facilities for use by other pupils
are also located.
(2) The application is for any other project, for which, prior to
January 1, 1987, the board approved the drawing of final plans and
the preparation of final specifications.
17047.6. The board, with the advice of the Superintendent of Public
Instruction, may determine the eligibility of county superintendents
of schools to lease portable classrooms provided that a county
superintendent of schools is eligible to receive one portable
classroom pursuant to this section and Section 17717.2 for each 15
units of average daily attendance at county community schools in
excess of the amount of average daily attendance claimed by the
county superintendent of schools in the prior fiscal year except
that, for pupils who are enrolled in a county community school and on
independent study, only time spent in the classroom shall be
included in the calculation of average daily attendance.
17048. Whenever an existing building is to be reconstructed, rather
than replaced, under an application pursuant to this chapter, there
shall be allowed, for those attendance units to be housed in such
reconstructed building, an additional five square feet of building
area beyond the amounts set forth in Section 17043, 17044, 17045, or
17046.
17049. (a) The board shall require, as a condition of providing
funding for any project under this chapter, that, for any facilities
for kindergarten or any of grades 1 to 12, inclusive, or for any
facilities for special education or continuation high school
purposes, at least 30 percent of allowable new building construction
for classrooms under the project be utilized for relocatable
structures.
(b) The board may reduce the percentage requirement set forth in
subdivision (a), as to any applicant, in the event that the quantity
of relocatable structures necessary to comply with those requirements
is unavailable from the manufacturers of those structures.
(c) The board may reduce or eliminate the percentage requirements
set forth in subdivision (a), as to any applicant, under either of
the following circumstances:
(1) Where the board finds that special conditions of terrain,
climate, or unavailability of space within the attendance area make
the use of relocatable structures impractical or inappropriate.
(2) Under the condition that, as the result of a future project
for which the district receives funding under this chapter, located
on the same schoolsite on which the current project is located, at
least 30 percent of total building construction for classrooms on
that schoolsite will be utilized for relocatable structures.
(d) Relocatable structures acquired by an applicant school
district up to two years preceding the final approval by the board of
the project application submitted by the district shall apply to the
percentage requirements set forth in subdivision (a).
(e) Notwithstanding subdivision (d), relocatable structures
acquired by an applicant school district up to 10 years preceding the
final approval by the board of the project application submitted by
the district shall apply to the percentage requirements set forth in
subdivision (a) if the relocatable structures are to be situated on
the site of a new school to be constructed under the project and all
of the following conditions are met:
(1) The relocatable structures were not previously used to satisfy
the 30 percent requirement set forth in subdivision (a) under any
other project constructed pursuant to this chapter.
(2) The board determines that the relocatable structures are in
satisfactory condition upon being moved to the new schoolsite, and
are usable for classroom purposes without requiring major repair or
renovation for a period of not less than 20 years subsequent to that
relocation.
(3) Subsequent to moving the relocatable structures to the new
schoolsite, at least 30 percent of the classroom space at the
schoolsite where the structures were previously located consists of
relocatable structures.
The cost of moving the relocatable structures to the new
schoolsite shall be at the school district's sole expense.
(f) Whenever at least 10 percent of the allowable new building
construction contained in an application is to be utilized for
relocatable structures, an additional three square feet of building
area for each pupil to be housed under the approved project shall be
allowed.
17050. (a) A district may enter into a contract with the county, or
other appropriate entity having responsibility for the provision of
public library services, in which the district is located for the
purpose of operating a joint-use library facility at a schoolsite
owned by the district.
(b) The district may apply for the lease-purchase of a project
which includes a library facility, pursuant to Section 17017, which
facility, if constructed, would be of sufficient size to accommodate
the requirements of a joint-use library for which the district has
entered into a contract, pursuant to subdivision (a).
(c) Should the board receive an application for a project which
includes space for a joint-use library, the board shall evaluate the
application disregarding any space in the proposed library facility
which is beyond the needs of the district, provided the application
contains a copy of the contract specified in subdivision (a), and
provided that the contract contains at least the following:
(1) Agreement that the county or other appropriate entity shall
deposit in the county school lease-purchase fund, created pursuant to
Section 17034, an amount equal to the total cost of any space in the
proposed library facility which is beyond the needs of the district,
prior to the signing of the construction contract for the project.
The deposit shall not be refundable, except to the extent that it may
prove subsequently to be in excess of the actual total cost of the
space which is beyond the needs of the district.
(2) Agreement between the district and the county or other
appropriate entity regarding staffing, maintenance, materials
acquisition, and other matters related to the administration and
operating costs of the joint-use facility.
(3) Agreement between the district and the county or other
appropriate entity regarding the procedure for amendment or
termination of the contract, including the disposition of materials
housed in the joint-use facility should termination of the contract
occur.
(d) Any space in a joint-use library which is beyond the needs of
the district shall not be included by the board in any calculations
made for any other purposes provided for in this article for the
period of time that the contract for that joint-use facility remains
in effect. Should the contract be terminated, the board shall include
the additional space in any calculations made after the termination
for any other purposes provided for in this article.
17051. (a) A district may enter into an agreement with another
governmental entity that includes some or all of the territory of the
district for the purpose of the joint use of park and recreation
facilities, including an auditorium, or commercial or industrial
facilities.
(b) If the board receives an application for a project that
includes some or all of the territory of the district for the purpose
of the joint use of park and recreation facilities or commercial or
industrial facilities, the board shall evaluate the application
disregarding any space in the proposed joint-use facility that is
beyond the needs of the district if the application contains a copy
of the agreement specified in subdivision (a) and if the contract
contains at least the following:
(1) An agreement that the county or other appropriate entity shall
deposit in the county school lease-purchase fund, created pursuant
to Section 17034, an amount equal to the total cost of any space in
the proposed joint-use facility that is beyond the needs of the
district, prior to the signing of the construction contract for the
project. The deposit shall not be refundable, except to the extent
that it may prove subsequently to be in excess of the actual total
cost of the space that is beyond the needs of the district.
(2) An agreement between the district and the county or other
appropriate entity regarding staffing, maintenance, materials
acquisition, and other matters related to the administration and
operating costs of the joint-use facility.
(3) An agreement between the district and the county or other
appropriate entity regarding the procedure for amendment or
termination of the contract, including the disposition of materials
housed in the joint-use facility should termination of the contract
occur.
(c) Any space in a joint-use facility that is beyond the needs of
the district shall not be included by the board in any calculations
made for any other purposes provided for in this article for the
period of time that the contract for that joint-use facility remains
in effect. If the contract is terminated, the board shall include the
additional space in any calculations made after the termination for
any other purposes provided for in this article.
17052. (a) Notwithstanding any other provision of law, the State
Allocation Board may fund joint-use projects to construct libraries,
multipurpose rooms, and gymnasiums, on school campuses where these
facilities are used jointly for both school and community purposes.
(b) A school district may apply to the State Allocation Board for
funding under this section if it meets all of the following
requirements:
(1) The school does not have the type of facility for which it
seeks funding.
(2) The school district agrees to provide local matching funds for
50 percent of the eligible cost of the facility as set forth in
subdivision (c), and 100 percent local or joint-use funding for all
costs that exceed that standard, as required by subdivision (d).
(3) The school district has obtained approval of the plans for the
facility from the Division of the State Architect and the State
Department of Education.
(4) The school district has entered into a joint-use agreement
with its joint-use partner that specifies the method for sharing
capital and operating costs, specifies relative responsibilities for
the operation and staffing of the facility, and specifies the manner
in which the safety of school pupils will be maintained during school
hours.
(5) The school district demonstrates that the facility will be
used to the maximum extent possible for school and community purposes
after regular school hours.
(c) The State Allocation Board shall establish standards for the
amount of funding to be made available for each project under this
section. The funding standards may be expressed as per-square-foot
cost limits or per-pupil cost limits or both.
(d) Notwithstanding any other provision of this chapter, project
costs may exceed the board's standards set forth in subdivision (c)
if the excess is paid completely by local or joint-use partnership
sources.
(e) On July 1 of each year the board shall apportion to qualifying
applicant school districts those funds that it determines are
available for the purposes of this section.
(f) The board may establish priority standards to govern the order
of funding projects. If applications exceed available funding, the
board shall give priority to applications where the size of the
project is increased by at least 30 percent beyond minimum essential
facilities through the use of additional funding from a joint-use
partner.