Bill Text: CA SB1067 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Schoolsites: selection: entry/exit access: acquisition and plans review.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1067 Detail]

Download: California-2013-SB1067-Amended.html

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BILL NUMBER: SB 1067	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2014
	AMENDED IN SENATE  MARCH 27, 2014

INTRODUCED BY   Senator Beall

                        FEBRUARY 18, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1067, as amended, Beall. Schoolsites: selection: entry/exit
access: acquisition and plans review.
   (1) Existing law requires the governing board of a school
district, prior to acquiring any site on which it proposes to
construct any school building, as defined, to have the site, or
sites, under consideration investigated by competent personnel to
ensure that the final site selection is determined by an evaluation
of all factors affecting the public interest and is not limited to
selection on the basis of raw land cost only.
   This bill would require all new schoolsites acquired by the
governing board of a school district or the governing body of a
charter school  to have at least 2 points of entry and exit onto
the schoolsite  that are   safely accessible by pupils
walking and bicycling to the schoolsite and that can be used for
purposes of emergency access  .
   (2) Existing law requires the State Department of Education, upon
the request of the governing board of any school district, to advise
the governing board on the acquisition of new schoolsites, 
as specified.   and after a review of available plots,
give the governing board a written list of the recommended locations
in the order of their merit, considering especially the matters of
educational merit, safety, reduction of traffic hazards, and
conformity to the land use element in the general plan of the entity
having jurisdiction. Existing law authorizes the governing board of a
school district to purchase a site deemed unsuitable for  
school purposes by the department only after reviewing the department'
s report on proposed sites at a public hearing. Existing law requires
the department to develop standards for use by a school district in
the selection of schoolsites, in accordance with   specified
objectives. Existing law requires the department to establish
standards for use by school districts to ensure that the design and
construction of school facilities are educationally appropriate and
promote school safety. Existing law requires the department to
investigate complaints of noncompliance with site selection standards
and to notify the governing board of the school district of the
results of the investigation. Existing law requires the governing
board of the school district to discuss the findings of the
investigation in a public hearing if the notification is received
prior to the acquisition of the site.  Existing law requires the
department, upon the request of the governing board of any school
district, to review plans and specifications for school buildings in
the district  , make a survey of the building needs of the
district, advise the governing board concerning the building needs,
and suggest plans for financing a building program to meet the needs
 .
   This bill would instead require the department to advise the
governing board of a school district  or the governing body of a
charter school  on the acquisition of new schoolsites, 
as specified, and to review plans and specifications for school
buildings in the school district.   and would require
the department to also consider especially the matters of proximity
to residential areas, access for pupils walking and bicycling to the
schoolsite, efficient use of public resources through joint use of
existing and new facilities, and conforming to the mobility element
in the general plan of the entity having jurisdiction. The bill w
  ould also authorize the governing body of a charter school
to purchase a schoolsite deemed unsuitable for school purposes only
after reviewing the department's report on proposed schoolsites at a
public hearing. The bill would require the department to review and
update at least every 10 years the standards for use by a school
district or charter school in the selection of schoolsites, in
accordance with specified objectives. The bill would require the
department to also establish standards for use by school districts
and charter schools to ensure that the design and construction of
school facilities promote walking or bicycling access to the 
 schoolsite to reduce traffic risks to pupils and joint use of
public facilities. The bill would require the governing body of a
charter school to discuss the findings of a department investigation,
as described above, in a public hearing if the notification is
received before the acquisition of the schoolsite. The bill would
require the department, also upon the request of the governing body
of a charter school, to review plans and specifications for school
buildings of the charter school, make a survey of the building needs
of the charter school, advise the governing body of the charter
school concerning the building needs, and suggest plans for financing
a building program to meet the needs.  The bill would also make
nonsubstantive changes to this provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 17212.3 is added to the Education Code, to
read:
   17212.3.  All new schoolsites acquired by the governing board of a
school district  or the governing body of a charter school 
shall have at least two points of entry and exit onto the schoolsite
 that are safely accessible by pupils walking and bicycling to
the schoolsite and that can be used for purposes of emergency access
 .
  SEC. 2.  Section 17251 of the Education Code is amended to read:
   17251.  The department shall:
   (a) Advise the governing board of a school district  or the
governing body of a charter school  on the acquisition of new
schoolsites and, after a review of available plots, give the
governing board of the school district  or the governing body of
the charter school  , in writing, a list of the recommended
locations in the order of their merit, considering especially the
matters of educational merit, safety,  proximity to residential
areas, access for pupils walking and bicycling to the schoolsite,
efficient use of public resources through joint use of existing and
new   facilities,  reduction of traffic hazards, and
conformity to the land use  element   and
mobility   elements  in the general plan of the city,
county, or city and county having jurisdiction. The governing board
of the school district  or the governing body of the charter
school  may purchase a schoolsite deemed unsuitable for school
purposes by the department only after reviewing the department's
report on proposed schoolsites at a public hearing. The department
shall charge the school district  or charter school  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  or charter
school  in the selection of schoolsites, in accordance with the
objectives set forth in subdivision (a)  , and review and update
the standards at least every 10 years  . The department shall
investigate complaints of noncompliance with schoolsite selection
standards and shall notify the governing board of the school district
 or the governing body of the charter school  of the
results of the investigation. If that notification is received before
the acquisition of the schoolsite, the governing board of the school
district  or the governing body of the charter school 
shall discuss the findings of the investigation in a public hearing.
   (c) Establish standards for use by school districts  and
charter schools  to ensure that the design and construction of
school facilities are educationally appropriate and promote school
 safety.   safety, walking or bicycling access
to the   schoolsite to reduce traffic risks to pupils, and
joint use of public facilities. 
   (d)  Review   Upon the request of the
governing board of a school district or the governing body of a
charter school, review    plans and specifications for
school buildings  in   of  the school
district  or charter school  . The department shall charge
the governing board of the school district  or the governing body
of the charter school  , 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  any
  a  school district  or the governing body of
a charter school  , make a survey of the building needs of the
school district  or the charter school  , advise the
governing board of the school district  or the governing body of
the charter school  concerning the building needs,  and
 suggest plans for financing a building program to meet the
needs. The department shall charge the school district  or
charter school , for the cost of the survey, a reasonable fee
not to exceed the actual administrative costs incurred for that
purpose.
   (f) Provide information relating to the impact or potential impact
upon any schoolsite of hazardous substances, solid waste, safety,
hazardous air emissions, and other information as the department may
deem appropriate.