Bill Text: CA SB1067 | 2013-2014 | Regular Session | Amended
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
BILL NUMBER: SB 1067 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2014
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, 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 also advise the governing board of a school
district or the governing body of a charter school on the
acquisition of new schoolsites, upon request, 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 conformity to the mobility element in
the general plan of the entity having jurisdiction. The bill would
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 also
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 Upon the request of the
governing board of a school district or the governing body
of a charter school, advise the governing board of a
the school district or the governing body of
a the 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 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,
walking or bicycling access to the schoolsite to reduce traffic risks
to pupils, and joint use of public facilities.
(d) 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 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 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.
