This section simply names the law as the Leroy F. Greene School Facilities Act of 1998.
This chapter shall be known, and may be cited, as the Leroy F. Greene School Facilities Act of 1998.
Leroy F. Greene School Facilities Act 1998 Education Code California schools facilities funding public schools infrastructure construction renovation school buildings educational facility improvements act citation school infrastructure act school building program
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This law defines specific terms used in the context of funding and facilities for school districts in California. Terms like 'apportionment' refer to how money is allocated for school construction and upgrades. 'Assessed value' is the property's value for tax purposes. 'Attendance area' identifies the geographic area for a school. The 'board' is the State Allocation Board that oversees these matters. 'Gross bonding capacity' is how much debt a school district can issue. The law also defines what 'modernization' of school buildings means and what qualifies as a 'portable classroom.' 'Small school districts' are defined by having fewer than 2,501 students, and 'school district' itself can refer to several entities, including a high school area.
For purposes of this chapter, the following terms have the following meanings, unless a different meaning appears from the context:
(a)CA Education Code § 17070.15(a) “Apportionment” means an allocation of funds for the purpose of eligible new construction, modernization, or hardship approved by the board for an applicant school district.
(b)CA Education Code § 17070.15(b) “Assessed value” means the dollar value assigned to a property for purposes of measuring applicable taxes. An assessed
valuation is used to determine the value of a residence for tax purposes and takes comparable sales of residential buildings and inspections into consideration.
(c)CA Education Code § 17070.15(c) “Attendance area” means the geographical area serving an existing high school and those junior high schools and elementary schools included therein.
(d)CA Education Code § 17070.15(d) “Authority” means the California School Finance Authority.
(e)CA Education Code § 17070.15(e) “Board” means the State Allocation Board as established by Section 15490 of the Government Code.
(f)CA Education Code § 17070.15(f) “Committee” means the State School Building Finance Committee established pursuant to Section 15909.
(g)CA Education Code § 17070.15(g) “County fund” means a county school facilities fund established pursuant to Section 17070.43.
(h)CA Education Code § 17070.15(h) “Department” means the Department of General Services.
(i)CA Education Code § 17070.15(i) “Fund” means the applicable 1998 State School Facilities Fund, the 2002 State School Facilities Fund,
the 2004 State School Facilities Fund, established pursuant to Section 17070.40, the 2016 State School Facilities Fund established pursuant to Section 17070.41, or the 2024 State School Facilities Fund established pursuant to Section 17070.42.
(j)CA Education Code § 17070.15(j) “Good repair” has the same meaning as specified in subdivision (d) of Section 17002.
(k)CA Education Code § 17070.15(k) “Gross bonding capacity” means a school district’s capacity to issue debt. Gross bonding capacity is calculated by multiplying the applicable school district’s total assessed value by the school district’s specified tax cap pursuant to Sections 15102, 15106, 15268, and 15270.
(l)CA Education Code § 17070.15(l) “Modernization” means any modification or replacement of a permanent structure that is at least 25 years old, or in the case of a portable classroom, that is at least 20 years old, that will
enhance the ability of the structure to achieve educational purposes.
(m)CA Education Code § 17070.15(m) “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 with respect to 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 not in excess of 2,000 square feet.
(n)CA Education Code § 17070.15(n) “Property” includes all property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of this chapter.
(o)CA Education Code § 17070.15(o) “Small school district” means a school district with an enrollment of fewer than 2,501 pupils.
(p)CA Education Code § 17070.15(p) “School building capacity” means the capacity of a school building to house pupils.
(q)CA Education Code § 17070.15(q) “School district” means a school district or a county office of education. For purposes of determining eligibility under this chapter, “school district” may also mean a high school attendance area.
apportionment assessed value attendance area California School Finance Authority State Allocation Board county fund 1998 State School Facilities Fund school modernization gross bonding capacity portable classroom small school district school building capacity school district eligibility high school attendance area fund allocation
(Amended by Stats. 2024, Ch. 81, Sec. 1. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
This law section states that the Director of General Services is responsible for overseeing the provisions in this chapter and must help the board with whatever it needs.
The Director of General Services shall administer this chapter and shall provide assistance to the board as it requires.
Director of General Services administer assistance board responsibility overseeing provisions support chapter requirements Department of General Services board assistance guidance administration oversight duties support role
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This rule states that the department must release funding applications by November 4, 1998, and be ready to quickly process any applications they receive from that date onward.
The department shall first publish applications for funding under this chapter by November 4, 1998, and shall be prepared to receive and expeditiously act upon applications on and after that date.
funding applications November 4 1998 process applications chapter funding department responsibilities publishing applications expeditious action prepare applications application processing funding availability
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This section keeps the State Allocation Board active to carry out the tasks mentioned in this chapter. Board members and legislators who attend meetings won't get paid for their services, but they will get reimbursed for any real and necessary expenses while performing their duties. These reimbursements are considered administrative expenses.
The State Allocation Board is continued in existence for the purpose of this chapter. The members of the board and the Members of the Legislature meeting with the board shall have no compensation for their services under this chapter, but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties pursuant to this chapter, to be paid as an administrative expense.
State Allocation Board reimbursement administrative expense legislators no compensation meeting expenses board members necessary expenses state duties legislative services
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This section mandates the board to create guidelines by June 30, 1999, aimed at reducing the costs involved in building school facilities. The guidelines are to offer strategies such as lowering professional fees, cutting site preparation expenses, recommending cost-saving materials and construction methods, promoting shared use of core facilities, encouraging efficient school site designs, and suggesting the use of reusable facility plans. If a school district uses certain types of funding, it must consider these guidelines. Importantly, any cost-saving measures should not negatively impact educational programs.
(a)CA Education Code § 17070.33(a) The board shall adopt guidelines for use by districts by June 30, 1999, to achieve measurable reductions in the costs of school facilities construction.
(b)CA Education Code § 17070.33(b) The guidelines shall include, but need not be limited to, all of the following:
(1)CA Education Code § 17070.33(b)(1) Mechanisms designed to reduce the costs of professional fees.
(2)CA Education Code § 17070.33(b)(2) Mechanisms designed to reduce the costs of site preparation.
(3)CA Education Code § 17070.33(b)(3) Recommendations for the use of alternate cost-saving construction materials and methods.
(4)CA Education Code § 17070.33(b)(4) Recommendations regarding the joint use of core facilities.
(5)CA Education Code § 17070.33(b)(5) Mechanisms designed to reduce costs by incorporating efficiencies in schoolsite design.
(6)CA Education Code § 17070.33(b)(6) Recommendations regarding the use of cost-effective, efficient reusable facility plans.
(c)CA Education Code § 17070.33(c) If a school district’s matching funds include fees charged pursuant to Section 17620 or pursuant to Section 65995.5 or 65995.7 of the Government Code, or if a district receives funds pursuant to this chapter, the district shall consider the guidelines developed pursuant to this section as fully as is practicable.
(d)CA Education Code § 17070.33(d) When the board adopts the guidelines, it shall not include any recommendation that would have a significant detrimental effect on educational programs.
school facilities construction cost reduction guidelines professional fees site preparation costs cost-saving materials shared core facilities efficient schoolsite design reusable facility plans matching funds educational programs impact
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This law section outlines the responsibilities of a board in overseeing the administration of certain educational programs. The board is tasked with creating and implementing rules and regulations, while not having authority over setting fees for architects or engineers. It must establish procedures for managing the chapter and determine school districts' eligibility for funding, allocating these funds accordingly. It also has to update its regulations to remain in line with legislative changes, and these changes are to be made quickly using emergency procedures.
(a)CA Education Code § 17070.35(a) In addition to all other powers and duties as are granted to the board by this chapter, other statutes, or the California Constitution, the board shall do all of the following:
(1)CA Education Code § 17070.35(a)(1) Adopt rules and regulations, 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 chapter. However, the board shall have no authority to set the level of the fees of any architect, structural engineer, or other design professional on any project. The initial regulations adopted pursuant to this chapter 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 chapter shall be adopted by November 4, 1998. If the initial regulations are not adopted by that date, the board shall report to the Legislature by that date, explaining the reasons for the delay.
(2)CA Education Code § 17070.35(a)(2) Establish and publish any procedures and policies in connection with the administration of this chapter as it deems necessary.
(3)CA Education Code § 17070.35(a)(3) Determine the eligibility of school districts to receive apportionments under this chapter.
(4)CA Education Code § 17070.35(a)(4) Apportion funds to eligible school districts under this chapter.
(b)CA Education Code § 17070.35(b) The board shall review and amend its regulations as necessary to adjust its administration of this chapter to conform with the act that amended this section to add this subdivision. Regulations adopted pursuant to this subdivision shall be adopted by November 5, 2002, and shall be adopted 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). The adoption of any emergency regulation pursuant to this subdivision filed with the Office of Administrative Law shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. Notwithstanding subdivision (e) of Section 11346.1 of the Government Code, any emergency regulation adopted pursuant to this section shall remain in effect for no more than 365 days unless the board has complied with Sections 11346.2 to 11348, inclusive, of the Government Code.
board powers administration procedures emergency regulations school district funding regulatory updates architect fees design professional fees school apportionments Administrative Procedure Act eligibility determination policy publication fund allocation legislative compliance rulemaking provisions public welfare preservation
(Amended by Stats. 2002, Ch. 33, Sec. 2. Effective April 29, 2002.)
This law creates several funds in the California State Treasury to support school facilities. Each fund is separately named for the year it was established (1998, 2002, 2004, and 2006) and can receive money from any source. The funds are used to allocate money to school districts as needed, without worrying about which fiscal year the money comes from. The board can distribute money to schools up to the amount available in each fund and any authorized but unsold bonds. However, they can't use money meant for the General Fund.
(a)Copy CA Education Code § 17070.40(a)
(1)Copy CA Education Code § 17070.40(a)(1) A fund is hereby established in the State Treasury to be known as the 1998 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)CA Education Code § 17070.40(a)(2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 1998 State School Facilities Fund from any source.
(3)CA Education Code § 17070.40(a)(3) The board may make apportionments in amounts not exceeding those funds on deposit in the 1998 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)CA Education Code § 17070.40(a)(4) The board may make disbursements pursuant to any apportionment made from any funds in the 1998 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 1998 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
(b)Copy CA Education Code § 17070.40(b)
(1)Copy CA Education Code § 17070.40(b)(1) A fund is hereby established in the State Treasury to be known as the 2002 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)CA Education Code § 17070.40(b)(2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2002 State School Facilities Fund from any source.
(3)CA Education Code § 17070.40(b)(3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2002 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)CA Education Code § 17070.40(b)(4) The board may make disbursements pursuant to any apportionment made from any funds in the 2002 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2002 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
(c)Copy CA Education Code § 17070.40(c)
(1)Copy CA Education Code § 17070.40(c)(1) A fund is hereby established in the State Treasury to be known as the 2004 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)CA Education Code § 17070.40(c)(2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2004 State School Facilities Fund from any source.
(3)CA Education Code § 17070.40(c)(3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2004 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)CA Education Code § 17070.40(c)(4) The board may make disbursements pursuant to any apportionment made from any funds in the 2004 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2004 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
(d)Copy CA Education Code § 17070.40(d)
(1)Copy CA Education Code § 17070.40(d)(1) A fund is hereby established in the State Treasury, to be known as the 2006 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(2)CA Education Code § 17070.40(d)(2) The board may apportion funds to school districts for the purposes of this chapter from funds transferred to the 2006 State School Facilities Fund from any source.
(3)CA Education Code § 17070.40(d)(3) The board may make apportionments in amounts not exceeding those funds on deposit in the 2006 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(4)CA Education Code § 17070.40(d)(4) The board may make disbursements pursuant to any apportionment made from any funds in the 2006 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2006 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
State School Facilities Fund school districts funding 1998 fund 2002 fund 2004 fund 2006 fund California State Treasury money allocation school facilities bond authorization continuously appropriated fund disbursements General Fund transfers education funding fiscal year
(Amended by Stats. 2006, Ch. 35, Sec. 1. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
The 2016 State School Facilities Fund was created in California's State Treasury to finance school facilities. This fund can receive money from any source and spend it continuously, without being limited by fiscal year deadlines. A governing board can allocate money to school districts based on rules effective as of January 1, 2015, using the funds on deposit or pending from bonds not yet sold. The board can make payments even if the fund doesn't currently have enough money to meet all previous commitments, but cannot use funds that must legally go to the General Fund.
Creation of 2016 State School Facilities Fund.
(a)CA Education Code § 17070.41(a) A fund is hereby established in the State Treasury, to be known as the 2016 State School Facilities Fund. All money in the fund, including any money deposited in that fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(b)CA Education Code § 17070.41(b) The board may apportion funds to school districts for the purposes of this chapter, as it read on January 1, 2015, from funds transferred to the 2016 State School Facilities Fund from any source.
(c)CA Education Code § 17070.41(c) The board may make
apportionments in amounts not exceeding those funds on deposit in the 2016 State School Facilities Fund, and any amount of bonds authorized by the committee, but not yet sold by the Treasurer.
(d)CA Education Code § 17070.41(d) The board may make disbursements pursuant to any apportionment made from any funds in the 2016 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2016 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. However, no disbursement shall be made from any funds required by law to be transferred to the General Fund.
2016 State School Facilities Fund school districts fund allocation continuously appropriated fiscal years bond sales State Treasury Government Code Section 13340 General Fund apportionments disbursements state school facilities education funding school infrastructure state funds management
(Added November 8, 2016, by initiative Proposition 51, Sec. 2.)
This law establishes the 2024 State School Facilities Fund in the State Treasury to support school facility projects. Money in this fund is automatically available for use without being tied to specific fiscal years. The board overseeing this fund can allocate money up to the amount in the fund and bond amounts that are approved but not yet sold. They can also make payments from the fund even if there isn't enough money at that moment to cover all current commitments. However, funds that must be legally transferred to the General Fund can't be used for these payments.
(a)CA Education Code § 17070.42(a) A fund is hereby established in the State Treasury, to be known as the 2024 State School Facilities Fund. All money in the fund, including any money deposited in the fund from any source whatsoever, and notwithstanding Section 13340 of the Government Code, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to this chapter.
(b)CA Education Code § 17070.42(b) The board may make apportionments in amounts not exceeding those funds on deposit in the 2024 State School Facilities Fund, and any amount of bonds authorized by the committee, excluding any amount of refunding bonds authorized by the committee in accordance with Section 101430, but not yet
sold by the Treasurer.
(c)CA Education Code § 17070.42(c) The board may make disbursements pursuant to any apportionment made from any funds in the 2024 State School Facilities Fund, irrespective of whether there exists at the time of the disbursement an amount in the 2024 State School Facilities Fund sufficient to permit payment in full of all apportionments previously made. No disbursement shall be made from any funds required by law to be transferred to the General Fund.
2024 State School Facilities Fund State Treasury school facility projects automatic funding fiscal years fund allocation bond amounts fund disbursements General Fund restrictions Treasurer committee authorization continuously appropriated expenditure provisions fund deposits financial management
(Added by Stats. 2024, Ch. 81, Sec. 2. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
This law sets up a county school facilities fund for each school district within a county. It allows the state to transfer money from various State School Facilities Funds to the county fund. Any interest earned stays in the county fund. The school districts can use these funds for approved school facility expenses, as outlined in specific sections of the law.
(a)CA Education Code § 17070.43(a) A county school facilities fund is hereby established in the county treasury within each county for each school district in the county.
(b)CA Education Code § 17070.43(b) The board may from time to time authorize the Controller to transfer any funds that the board may deem necessary from the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, the 2006 State School Facilities Fund, the 2016 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, to the corresponding county fund in the
county treasury. Interest on all funds deposited in the county fund shall be retained in that fund.
(c)CA Education Code § 17070.43(c) Funds may be expended from the county fund by the recipient school district for qualifying school facilities expenditures set forth in Sections 17072.35 and 17074.25.
county school facilities fund county treasury school district State School Facilities Fund interest retention qualifying expenditures Sections 17072.35 Sections 17074.25 fund transfer authorization school infrastructure funding
(Amended by Stats. 2024, Ch. 81, Sec. 3. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
This rule is saying that it doesn't alter the existing responsibilities of the State Department of Education or the Department of General Services regarding school sites and how school buildings are constructed. These responsibilities are already detailed in other specified parts of the law.
This chapter shall not be construed to change the powers and duties of the State Department of Education or the Department of General Services with respect to schoolsites and the construction of school buildings as contained in Chapter 1 (commencing with Section 17211) and Chapter 3 (commencing with Section 17251) of Part 10.5.
State Department of Education Department of General Services school sites construction of school buildings Chapter 1 Section 17211 Chapter 3 Section 17251 Part 10.5 authority responsibilities
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This law outlines which state agencies are not considered the primary decision-makers under the California Environmental Quality Act (CEQA) for certain school-related projects. Specifically, it lists the board, the Department of General Services, the Office of the State Architect, the Office of Public School Construction, and the State Department of Education—except for projects involving the California School for the Deaf and the California School for the Blind. This classification is meant to reflect current law.
(a)CA Education Code § 17070.46(a) For projects funded under this chapter, the following state agencies are deemed not to be the lead agency for the purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code):
(1)CA Education Code § 17070.46(a)(1) The board.
(2)CA Education Code § 17070.46(a)(2) The Department of General Services.
(3)CA Education Code § 17070.46(a)(3) The Office of the State Architect.
(4)CA Education Code § 17070.46(a)(4) The Office of Public School Construction.
(5)CA Education Code § 17070.46(a)(5) The State Department of Education, except as appropriate for projects relating to the California School for the Deaf and the California School for the Blind.
(b)CA Education Code § 17070.46(b) This section is declaratory of existing law.
lead agency exception California Environmental Quality Act CEQA school construction projects Department of General Services Office of the State Architect Office of Public School Construction State Department of Education California School for the Deaf California School for the Blind state agency roles environmental review process educational facility projects Public Resources Code state construction funding
(Added by Stats. 2002, Ch. 935, Sec. 1. Effective January 1, 2003.)
This law states that school districts can't get funding from the board unless they follow certain procedures. Specifically, they need to hire architects or engineers through a competitive process. They also must get approval from the State Department of Education to make sure the site and building plans meet specific standards.
The board shall not apportion funds to any school district, unless the applicant school district has certified to the board that the services of any architect, structural engineer, or other design professional for any work under the project have been obtained pursuant to a competitive process that is consistent with the requirements of Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code and has obtained the written approval of the State Department of Education that the site selection, and the building plans and specifications, comply with the standards adopted by the department pursuant to subdivisions (b) and (c), respectively, of Section 17251.
school district funding competitive process architect services structural engineer design professional site selection approval building plans compliance Department of Education standards project funding requirements Chapter 10 compliance Government Code Section 4525 project certification
(Amended by Stats. 1999, Ch. 992, Sec. 1. Effective January 1, 2000.)
This law outlines what happens when a school district is caught providing false information in their applications for school funding. Firstly, any misrepresentation, termed a 'material inaccuracy,' must be reported by the Office of Public School Construction. If the false information leads to the district receiving extra funds, they must repay that extra amount, with interest, according to a five-year payment plan. Additionally, the district will be barred from certifying their project applications themselves for up to five years or until they finish repayment. Instead, they must use an alternate certification method and cover any extra certification costs themselves. If the false information is discovered before the funds are released, the funding will be adjusted to ignore the inaccuracies. And if inaccurate information is found before any funding decisions are made, the application can continue without that false information being considered.
(a)CA Education Code § 17070.51(a) If any certified eligibility or funding application related information is found to have been falsely certified by school districts, architects, or design professionals, hereinafter referred to as a material inaccuracy, the Office of Public School Construction shall notify the board.
(b)CA Education Code § 17070.51(b) The board shall impose the following penalties if an apportionment and fund release has been made based upon information in the project application or related materials that constitutes a material inaccuracy.
(1)CA Education Code § 17070.51(b)(1) Pursuant to a repayment schedule that is approved by the board of no more than five
years, the school district shall repay to the board, for deposit into the 1998 State School Facilities Fund, the 2002 State School Facilities Fund, the 2004 State School Facilities Fund, or the 2024 State School Facilities Fund, as the case may be, an amount proportionate to the additional funding received as a result of the material inaccuracy including 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.
(2)CA Education Code § 17070.51(b)(2) The board shall prohibit the school district from self-certifying certain project information for any subsequent applications for project funding 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 owed under paragraph (1). Although a school district that is subject to this paragraph may not self-certify, the school district shall not be prohibited from applying for state funding under this chapter. The board shall establish an alternative method for state or independent certification of compliance that shall be applicable in these cases. The process shall include, but shall not be limited to, procedures for payment by the school district of any increased costs associated with the alternative certification process.
(c)CA Education Code § 17070.51(c) For school
districts found to have provided material inaccuracies when a funding apportionment has occurred, but no fund release has been made, the board shall direct its staff to reduce the apportionment as necessary to reflect the actual nature of the project and to disregard the inaccurate information or material, and paragraph (2) of subdivision (b) shall apply.
(d)CA Education Code § 17070.51(d) For those school districts found to have provided material inaccuracies when no funding apportionment or fund release has been made, the inaccurate information or materials shall not be considered, and paragraph (2) of subdivision (b) applies. The project may continue if the application, minus the inaccurate materials, is still complete.
material inaccuracy Office of Public School Construction school funding penalties repayment schedule interest on repayment self-certification prohibition alternative certification method school district penalties false funding application project apportionment adjustment fund release impact inaccurate project information state school facilities fund five-year repayment independent certification
(Amended by Stats. 2024, Ch. 81, Sec. 4. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
This law section requires the State Department of Education to include specific questions about career technical education (CTE) when approving plans for new school construction. They need to ask if the new projects will have facilities for CTE programs or, if not, how the needs of students for these programs will be met. The gathered responses to these questions must be maintained publicly by the Department and summarized quarterly for the Office of Public School Construction, which will then share these summaries on their website.
(a)CA Education Code § 17070.52(a) The State Department of Education shall include in its application for new construction plan approval developed pursuant to the authority established in Section 17070.50 the following questions:
“Does the project include a school that will have a career technical education component and classroom space to accommodate that career technical education program? If not, how will the school district meet the needs for career technical education of pupils housed by the proposed new school facilities?”
“How is the need for vocational and career technical education facilities, as required pursuant to Section 17070.955 of the Education Code, identified?”
(b)CA Education Code § 17070.52(b) The State Department of Education shall maintain the answers to the questions required by subdivision (a) that have been received from applicant school districts in a publicly accessible manner and shall provide a summary of the responses to the Office of Public School Construction on a quarterly basis. The Office of Public School Construction shall post each summary on its Web site as soon as possible after receiving it.
career technical education new construction plans vocational education school facilities school district responsibilities publicly accessible Office of Public School Construction plan approval process education facilities requirements summary of responses State Department of Education quarterly summary application questions vocational needs identification public school construction
(Added by Stats. 2007, Ch. 519, Sec. 1. Effective January 1, 2008.)
The Office of Public School Construction had to provide a report to both the board and the Legislature by March 1, 2015, detailing their efforts to make the process of giving out seismic safety funds faster and more efficient. This report had to follow specific rules outlined in another law. This section of the law was set to expire on January 1, 2016, unless extended or changed by another law before that date.
(a)CA Education Code § 17070.53(a) The Office of Public School Construction shall report to the board and the Legislature by March 1, 2015, on efforts to streamline and speed up the award of seismic mitigation funds.
(b)CA Education Code § 17070.53(b) The report required to be submitted to the Legislature shall be submitted in accordance with Section 9795 of the Government Code.
(c)CA Education Code § 17070.53(c) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
Office of Public School Construction seismic mitigation funds report to Legislature streamline award process seismic safety funding process Speed up awards public schools construction efforts statutory expiration Government Code Section 9795 January 1 2016 expiration
(Added by Stats. 2014, Ch. 39, Sec. 1. (SB 869) Effective June 20, 2014.)
For a school district to take part in the school facilities program, it must provide the department with an up-to-date, five-year facilities plan approved by its governing board. This plan must detail the district's eligibility for state bond funding and include an inventory of existing facilities, classroom capacities, projected enrollment growth, a capital budget, potential funding sources, and more. Guidelines will be developed to help districts create these plans, and they must update their plans to reflect any changes in enrollment or capacity. The financial controller will ensure all requirements are met in these plans.
(a)CA Education Code § 17070.54(a) As a condition of participating in the school facilities program, a school district shall submit to the department a five-year school facilities master plan, or updated five-year school facilities master plan, approved by the governing board of the school district.
(b)CA Education Code § 17070.54(b) The school facilities master plan submitted pursuant to subdivision (a) shall include information on the school district’s eligibility for state bond funding pursuant to this chapter.
(c)CA Education Code § 17070.54(c) The school facilities master plan shall include, but is not limited to, all of the following information:
(1)CA Education Code § 17070.54(c)(1) An inventory of existing facilities, sites, and
property pursuant to subdivision (d).
(2)CA Education Code § 17070.54(c)(2) Existing classroom capacity, as determined pursuant to Sections 17071.10 and 17071.25.
(3)CA Education Code § 17070.54(c)(3) Projected enrollment growth for the applicable school district over the next five years, accounting for growth pursuant to Sections 17071.75 and 17071.76.
(4)CA Education Code § 17070.54(c)(4) A capital planning budget outlining the applicable school district’s projects.
(5)CA Education Code § 17070.54(c)(5) The financing and other funding sources that would be used to support the acquisition of the applicable schoolsite, new construction project, modernization project, and lead testing and remediation projects.
(6)CA Education Code § 17070.54(c)(6) Verification of the applicable school district’s current assessed value from the appropriate local government
entity that collects and maintains this information.
(7)CA Education Code § 17070.54(c)(7) The school district’s deferred maintenance plan certified pursuant to Section 17070.75.
(8)CA Education Code § 17070.54(c)(8) A narrative describing how the school facilities master plan is consistent with the goals, actions, and services identified in the school district’s local control and accountability plan for the first state priority, as described in paragraph (1) of subdivision (d) of Section 52060, as it relates to school facilities.
(d)CA Education Code § 17070.54(d) The department, in consultation with the State Department of Education, shall develop guidelines that school districts may use to guide the development of the school facilities master plan required as a condition of participating in the school facilities program. The department, in consultation with the State Department of Education, shall develop
guidelines or standards that school districts shall use to develop and submit the inventory required pursuant to paragraph (1) of subdivision (c) for every school in the school district, including, but not limited to, all of the following:
(1)CA Education Code § 17070.54(d)(1) The year each building at the school that is currently used for instructional purposes was constructed.
(2)CA Education Code § 17070.54(d)(2) The square footage of each building that is currently used for instructional purposes.
(3)CA Education Code § 17070.54(d)(3) The year, if any, each building that is currently used for instructional purposes was last modernized.
(4)CA Education Code § 17070.54(d)(4) The pupil capacity of the school.
(5)CA Education Code § 17070.54(d)(5) The age and number of portable buildings at the school.
(6)CA Education Code § 17070.54(d)(6) Whether the school has any of the following:
(A)CA Education Code § 17070.54(d)(6)(A) A cafeteria or multipurpose room.
(B)CA Education Code § 17070.54(d)(6)(B) A library.
(C)CA Education Code § 17070.54(d)(6)(C) A gymnasium.
(e)CA Education Code § 17070.54(e) The Controller shall include the instructions necessary to verify that all of the required components of this section are reflected in a participating school district’s school facilities master plan in the audit guide required by Section 14502.1, as part of the audit procedures required pursuant to Section 41024.
(f)CA Education Code § 17070.54(f) The school district shall update its school facilities master plan to reflect any changes in enrollment, capacity, or other areas, as appropriate for purposes of participating in the school facilities
program.
school facilities master plan state bond funding eligibility capital planning budget projected enrollment growth inventory of existing facilities classroom capacity deferred maintenance plan guidelines for school districts audit procedures local control and accountability plan funding sources schoolsite acquisition modernization projects lead testing and remediation facility inventory requirements
(Added by Stats. 2024, Ch. 81, Sec. 5. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
If a school district asks for help, the State Department of Education will assist in assessing and using current school buildings and in explaining the need for new buildings or repairs, following certain rules.
Upon request of any school district, the State Department of Education shall provide assistance in the evaluation and utilization of existing school facilities and the justification of the need for schoolsites, new facilities, and the rehabilitation or replacement of existing facilities, in accordance with board regulations.
school facilities evaluation schoolsite justification new school facilities rehabilitation of school facilities replacement of existing facilities school district request State Department of Education assistance board regulations utilization of facilities existing school facilities school building assessment education facilities planning California school infrastructure school construction needs facility utilization evaluation
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This section explains how points are calculated to determine the matching funds that local school districts need to contribute for certain state funding programs. Points are awarded based on factors like a district's ability to generate funds through bonds per student, the percentage of students who qualify for extra funding under a specific formula, the district's total student population, and whether any project uses a labor agreement. These points help decide how much state funding a district is eligible for.
For purposes of determining the points used to compute the required matching funds from local sources applied pursuant to Sections 17072.30 and 17074.16, the department shall compute the sum of the following point computations applicable to each school district:
(a)CA Education Code § 17070.59(a) For each school district, the department shall divide the district’s gross bonding capacity by the district’s total enrollment, as determined for purposes of this chapter.
(1)CA Education Code § 17070.59(a)(1) A school
district determined to have a gross bonding capacity per enrollment of zero dollars ($0) to nine thousand nine hundred ninety-nine dollars ($9,999), inclusive, shall receive four points.
(2)CA Education Code § 17070.59(a)(2) A school district determined to have a gross bonding capacity per enrollment of ten thousand dollars ($10,000) to nineteen thousand nine hundred ninety-nine dollars ($19,999), inclusive, shall receive three points.
(3)CA Education Code § 17070.59(a)(3) A school district determined to have a gross bonding capacity per enrollment of twenty thousand dollars ($20,000) to fifty-four thousand nine hundred ninety-nine dollars ($54,999), inclusive, shall receive two points.
(4)CA Education Code § 17070.59(a)(4) A school district determined to have a gross bonding capacity per enrollment of
fifty-five thousand dollars ($55,000) or more shall receive one point.
(b)Copy CA Education Code § 17070.59(b)
(1)Copy CA Education Code § 17070.59(b)(1) For each school district, the department shall identify each district’s unduplicated pupil percentage as determined for purposes of the local control funding formula pursuant to Section 42238.02.
(2)Copy CA Education Code § 17070.59(b)(2)
(A)Copy CA Education Code § 17070.59(b)(2)(A) A school district determined to have an unduplicated pupil percentage of between 75 percent and 100 percent shall receive eight points.
(B)CA Education Code § 17070.59(b)(2)(A)(B) A school district determined to have an unduplicated pupil percentage of between 50 percent and 74.99 percent shall receive six points.
(C)CA Education Code § 17070.59(b)(2)(A)(C) A school district determined to have an unduplicated pupil percentage of between 25 percent and 49.99 percent shall receive four points.
(D)CA Education Code § 17070.59(b)(2)(A)(D) A school district determined to have an unduplicated pupil percentage that is 24.99 percent or less shall receive two points.
(c)CA Education Code § 17070.59(c) A school district that has a pupil enrollment of 200 pupils or fewer shall receive two points.
(d)Copy CA Education Code § 17070.59(d)
(1)Copy CA Education Code § 17070.59(d)(1) A school district
project that includes the use of a project labor agreement shall receive two points.
(2)CA Education Code § 17070.59(d)(2) For purposes of this subdivision, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(e)CA Education Code § 17070.59(e) The department shall draft regulations for consideration by the board to further clarify the requirements of this section.
matching funds gross bonding capacity student enrollment unduplicated pupil percentage local control funding formula small school districts project labor agreement funding points school construction education funding regulations
(Added by Stats. 2024, Ch. 81, Sec. 6. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
This law means that when the board decides on funding for school construction or renovation, it isn’t responsible for any legal claims or damages that result from that work. If there's an issue like a breach of contract or some other problem, the school district itself is the one on the hook for it, not the board. This applies to contracts with builders, architects, and engineers, among others involved in the projects.
Funding decisions made by the board shall not, in themselves, make the board liable for any tort, breach of contract, or any other action for damages caused by a school district arising from new construction or modernization by the district. These contracts include, but are not limited to, contracts between the school district and its construction contractors, construction managers, architects, or engineers. The school district shall be liable for all torts, breaches of contract, or any other actions for damages caused by the school district.
school construction board funding decisions school district liability breach of contract construction contracts modernization projects tort liability damages construction contractors architects engineers legal claims liability for damages construction managers school project accountability
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This law outlines how California provides funding for school construction projects. When a school district receives state funds for building projects, that amount is considered the final state contribution. The district must ensure that state funds, along with local funds, are enough to complete the project. Additionally, the money given for one project cannot be used as a local match for another. If the district saves money during construction, those savings can be used for other important building expenses at the school's discretion.
(a)CA Education Code § 17070.63(a) The total funding provided under this chapter shall constitute the state’s full and final contribution to the project and for eligibility for state facilities funding represented by the number of unhoused pupils for which the school district is receiving the state grant. As a condition of receipt of funds, a school district shall certify that the grant amount, combined with local funds, shall be sufficient to complete the school construction project for which the grant is intended.
(b)CA Education Code § 17070.63(b) Any funds provided to a school district under any article in this chapter may not be counted towards the local match for receipt of funds under any other article in this chapter.
(c)CA Education Code § 17070.63(c) Any savings achieved by the district’s efficient and prudent expenditure of these funds shall be retained by the district in the county fund for expenditure by the district for other high priority capital outlay purposes.
state funding school construction unhoused pupils capital outlay local funds grant conditions funding eligibility savings retention high priority projects efficient expenditure local match rules district certification capital projects school facilities funding county fund
(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This section states that funds set aside in a specific account can be used, as approved in the yearly budget, to give money to the Director of General Services. This money is to help with building, updating, or changing school buildings, following the rules in another part of the Government Code.
From any moneys in one of the funds established pursuant to Section 17070.40, as appropriate, and approved for this purpose in the annual Budget Act, the board shall make available to the Director of General Services the amounts that the board determines necessary for the Department of General Services to provide the assistance, pursuant to this chapter, required pursuant to Section 15504 of the Government Code to facilitate the construction, modernization, reconstruction, or alteration of, or addition to, school buildings.
school construction funding use of funds Director of General Services school building modernization annual Budget Act reconstruction of schools alteration of buildings facilitation assistance Government Code Section 15504 Department of General Services additional school facilities
(Amended by Stats. 2002, Ch. 33, Sec. 6. Effective April 29, 2002.)
This law section deals with how school districts in California can manage property and receive funds for construction projects. It says that the title or ownership of any property acquired or improved with these funds needs to be held by the district. For eligibility to receive funds, a court's order in eminent domain proceedings can be considered as holding the title. School districts must follow all construction laws, and importantly, even if the land is leased, funds can be used if the project was approved before November 4, 1998.
(a)CA Education Code § 17070.70(a) Title, including, but not limited to, any leasehold interest as set forth in subdivision (c), to all property acquired, constructed, or improved with funds made available under this chapter shall be held by the school district to which the board grants the funds. Title, as defined solely for the purpose of a school district’s eligibility to receive funds from the board pursuant to this chapter shall include an order for prejudgment possession issued by a court in an eminent domain proceeding.
(b)CA Education Code § 17070.70(b) The applicant school district shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, school buildings.
(c)CA Education Code § 17070.70(c) Notwithstanding Section 17009.5, construction or modernization funds made available pursuant to this chapter may be expended upon property that is leased to the applicant school district only if the project qualified for and received approval by the board, prior to November 4, 1998, pursuant to Article 4 (commencing with Section 17055), of Chapter 12.
school district funding property title eminent domain leasehold interest construction compliance property acquisition school building projects prejudgment possession lease conditions board approval funds eligibility construction laws district property management modernization funds project approval requirements
(Amended by Stats. 2002, Ch. 33, Sec. 7. Effective April 29, 2002.)
This law allows school districts to use state funding for building or upgrading schools on leased property, but only if certain conditions are met. The property must be leased from another government entity, and the lease should last at least 40 years unless the land is federal property, which requires at least a 25-year lease. Alternatively, a shorter lease of at least 30 years can be approved if deemed beneficial for the state. However, lease costs themselves cannot be covered by the funding, and all constructions must comply with existing school construction laws.
(a)CA Education Code § 17070.71(a) Notwithstanding subdivision (a) of Section 17070.70, new construction or modernization funded pursuant to this chapter may be upon real property leased to the applicant school district if all of the following conditions are met:
(1)CA Education Code § 17070.71(a)(1) The property is leased from another governmental entity.
(2)CA Education Code § 17070.71(a)(2) The term of the lease is for at least 40 years after approval of the project under this chapter, or the school district has a lease for at least 25 years on federal property. The board may authorize a lesser term, of not less than 30 years only if the board finds that granting an exception to this requirement would be in the state’s best interest.
(b)CA Education Code § 17070.71(b) The applicant school district, and the facility on leased land, if any, shall comply with all laws pertaining to the construction, reconstruction, or alteration of, or addition to, schoolsites and school buildings.
(c)CA Education Code § 17070.71(c) Lease costs are not eligible project or site acquisition costs under this chapter.
school construction funding leased property government entity lease 40-year lease 25-year lease federal property school district state funding conditions construction laws compliance leased land exception project approval requirements
(Added by Stats. 2000, Ch. 530, Sec. 1. Effective September 19, 2000.)
This law states that a school district in California can count students from a charter school located within its area when calculating how much funding it's eligible for on school facility projects. However, if the charter school is outside their area, they can't count those students for funding. The rules for funding are specifically about charter school facilities and don’t affect other laws about how charter schools are run. These rules only apply to projects funded by state bonds approved after January 1, 2002.
(a)CA Education Code § 17070.73(a) A school district may claim the entire pupil attendance of a charter school that is physically located within its geographical jurisdiction, within the per-pupil eligibility calculation in support of a project for school facilities pursuant to this chapter.
(b)CA Education Code § 17070.73(b) A school district shall not include the attendance of pupils attending a charter school that is physically located outside of the geographical jurisdiction of the school district, within the per-pupil eligibility calculation in support of an application for a project pursuant to this chapter.
(c)CA Education Code § 17070.73(c) The requirements and conditions for funding charter school facilities in this section and in Article 12 (commencing with Section 17078.50) are intended to regulate only the funding of facilities under this chapter, and are not intended to expand, narrow, or raise any inference regarding, the nature or scope of any other law that is applicable to charter school governance, organization, or operation.
(d)CA Education Code § 17070.73(d) Subdivisions (a) and (b) apply only to projects funded with the proceeds of state bonds approved by the voters after January 1, 2002.
charter school attendance school district funding geographical jurisdiction per-pupil eligibility school facilities project charter school governance state bonds post-2002 projects facility funding charter school facilities
(Added by Stats. 2002, Ch. 935, Sec. 2. Effective January 1, 2003.)
This section requires school districts to keep their facilities in good working condition by making necessary repairs and maintenance. To ensure this, districts must set up a special maintenance fund, and for 20 years, deposit at least 3% of their general fund expenses into it each year. There are specific rules for the deposit amounts during different fiscal years. Districts must also have a maintenance plan in place, and establish a system to inspect facilities for repairs. Certain districts are exempt from some requirements if they show their facilities can be maintained with less funding, and special provisions exist for districts that received significant state funding in certain years. All districts must maintain good repair standards as defined in another law.
(a)CA Education Code § 17070.75(a) The board shall require the school district to make all necessary repairs, renewals, and replacements to ensure that a project is at all times maintained in good repair, working order, and condition. All costs incurred for this purpose shall be borne by the school district.
(b)CA Education Code § 17070.75(b) In order to ensure compliance with subdivision (a) and to encourage school districts to maintain all buildings under their control, the board shall require an applicant school district to do all of the following before the approval of a project:
(1)CA Education Code § 17070.75(b)(1) Establish a restricted account within the general fund of the school district for the exclusive purpose of providing moneys for
ongoing and major maintenance of school buildings, according the highest priority to funding for the purposes set forth in subdivision (a). Funds in the account may be used for drought mitigation purposes related to the implementation of Executive Order B-29-15.
(2)Copy CA Education Code § 17070.75(b)(2)
(A)Copy CA Education Code § 17070.75(b)(2)(A) Agree to deposit into the account established pursuant to paragraph (1), in each fiscal year for 20 years after receipt of funds under this chapter, a minimum amount equal to or greater than 3 percent of the total general fund expenditures of the applicant school district, including other financing uses, for that fiscal year.
(B)CA Education Code § 17070.75(b)(2)(A)(B) Notwithstanding subparagraph (A), for the 2015–16 and 2016–17 fiscal years, the minimum amount required to be deposited into the account established pursuant to paragraph (1) shall be the lesser of the following amounts:
(i)CA Education Code § 17070.75(b)(2)(A)(B)(i) Three percent of the total general fund expenditures for that fiscal year.
(ii)CA Education Code § 17070.75(b)(2)(A)(B)(ii) The amount that the school district deposited into the account in the 2014–15 fiscal year.
(C)CA Education Code § 17070.75(b)(2)(A)(C) Notwithstanding subparagraph (A), for the 2017–18 to 2019–20 fiscal years, inclusive, the minimum amount required to be deposited into the account established pursuant to paragraph (1) shall be the greater of the following amounts:
(i)CA Education Code § 17070.75(b)(2)(A)(C)(i) The lesser of 3 percent of the general fund expenditures for that fiscal year or the amount that the school district deposited into the account in the 2014–15 fiscal year.
(ii)CA Education Code § 17070.75(b)(2)(A)(C)(ii) Two percent of the total general fund expenditures of the applicant school district for that fiscal year.
(D)CA Education Code § 17070.75(b)(2)(A)(D) A school district contribution to the account may be provided in lieu of meeting the ongoing maintenance requirements pursuant to Section 17014 to the extent the funds are used for purposes established in that section. A school district that serves as the administrative unit for a special education local plan area may elect to exclude from its total general fund expenditures, for purposes of this paragraph, the distribution of revenues that are passed through to participating members of the special education local plan area.
(E)CA Education Code § 17070.75(b)(2)(A)(E) This paragraph applies only to the following school districts:
(i)CA Education Code § 17070.75(b)(2)(A)(E)(i) High school districts with an average daily attendance greater than 300 pupils.
(ii)CA Education Code § 17070.75(b)(2)(A)(E)(ii) Elementary school districts with an average daily attendance greater than
900 pupils.
(iii)CA Education Code § 17070.75(b)(2)(A)(E)(iii) Unified school districts with an average daily attendance greater than 1,200 pupils.
(F)CA Education Code § 17070.75(b)(2)(A)(F) It is the intent of the Legislature that a school district shall be required to comply with the requirements of subparagraph (A) in the year in which the local control funding formula is fully implemented.
(3)CA Education Code § 17070.75(b)(3) Certify that it has publicly approved an ongoing and major maintenance plan that outlines the use of the funds deposited, or to be deposited, pursuant to paragraph (2). The plan may provide that the school district need not expend all of its annual allocation for ongoing and major maintenance in the year in which it is deposited if the cost of major maintenance requires that the allocation be carried over into another fiscal year. However, any state funds carried over into a subsequent year may not be
counted toward the annual minimum contribution by the school district.
(c)CA Education Code § 17070.75(c) A school district to which paragraph (2) of subdivision (b) does not apply shall certify to the board that it can reasonably maintain its facilities with a lesser level of maintenance.
(d)CA Education Code § 17070.75(d) For purposes of calculating a county office of education requirement pursuant to this section, the applicable maintenance requirement specified in paragraph (2) of subdivision (b) shall be based upon the county office of education general fund less any restricted accounts.
(e)Copy CA Education Code § 17070.75(e)
(1)Copy CA Education Code § 17070.75(e)(1) This subdivision shall only apply to a school district that received funds pursuant to this chapter equal to or greater than 10 percent of the State School Facilities Funds of 1998, 2002, 2004, and 2006.
(2)CA Education Code § 17070.75(e)(2) Notwithstanding subparagraphs (B) and (C) of paragraph (2) of subdivision (b), a school district shall comply with the requirements of subparagraph (A) of paragraph (2) of subdivision (b) if the amount available in any fiscal year for the public school system pursuant to Section 8 of Article XVI of the California Constitution is equal to or greater than the amount available in the prior fiscal year, unless a school district has locally negotiated an alternative minimum annual deposit percentage in a collective bargaining agreement with the representatives of the school district’s skilled crafts employees.
(3)CA Education Code § 17070.75(e)(3) Under no circumstances shall a school district deposit less than the amounts required in subparagraphs (B) and (C) of paragraph (2) of subdivision (b).
(4)CA Education Code § 17070.75(e)(4) This subdivision shall be operative from July 1, 2015, until June 30, 2020.
(f)CA Education Code § 17070.75(f) As a condition of participation in the school facilities program, for a fiscal year after the 2004–05 fiscal year, a school district shall establish a facilities inspection system to ensure that each of its schools is maintained in good repair.
(g)CA Education Code § 17070.75(g) For purposes of this section, “good repair” has the same meaning as specified in subdivision (d) of Section 17002.
school district maintenance restricted account general fund deposit ongoing maintenance major maintenance plan state school facilities drought mitigation local control funding formula facilities inspection system good repair standards executive order B-29-15 special education local plan area average daily attendance skilled crafts employees minimum contribution requirements
(Amended by Stats. 2015, Ch. 386, Sec. 9. (SB 436) Effective January 1, 2016.)
This law mandates that when using certain funds, top priority should be given to making sure school facilities, especially restrooms, are working properly and meet local cleanliness standards.
A priority for the use of funds in the restricted account established pursuant to Section 17070.75, shall be to ensure that facilities, including, but not limited to, restroom facilities for pupils, are functional and that they meet local hygiene standards generally applicable to public facilities.
restricted account funds usage facility functionality hygiene standards restroom facilities school cleanliness public facilities local standards school maintenance funding functional facilities
(Added by Stats. 2003, Ch. 358, Sec. 1. Effective January 1, 2004.)
For the school year of 2003-04, this law requires school districts to save 2% of their total spending from their general budget in a specific account, as opposed to any other amount that might usually be required.
Notwithstanding Section 17070.75, for the 2003–04 fiscal year, the board shall only require a school district to deposit into the account established pursuant to paragraph (1) of subdivision (b) of Section 17070.75 an amount equal to 2 percent of the total expenditures by a district from its general fund in the 2003–04 fiscal year.
school district funding fiscal year 2003-04 general fund expenditures 2 percent deposit requirement budget allocation public school finances Section 17070.75 paragraph adjustment education budget savings school accounting rules finance requirements for schools education financial management public education budget policy
(Added by Stats. 2003, Ch. 227, Sec. 8. Effective August 11, 2003.)
This law mandates that during the fiscal years from 2008 to 2015, California school districts generally needed to deposit 1% of their general fund spending into a specific account. However, if the district's facilities were well-maintained, as defined by another law, they didn't have to make this deposit. Districts could also choose to deposit more than the required amount if they wanted.
Notwithstanding paragraph (2) of subdivision (b) of Section 17070.75, for the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years, the board shall require a school district to deposit into the account established pursuant to paragraph (1) of subdivision (b) of Section 17070.75 only an amount equal to 1 percent of the total expenditures by a district from its general fund in the 2008–09, 2009–10, 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years respectively, but if the school district maintains its facilities in good repair, as defined in Section 17002, it shall be exempt from this 1 percent requirement. A school district may elect to deposit into the account an amount that is greater than the amount required by the board
pursuant to this section.
school districts facility maintenance 1% deposit requirement general fund expenditures good repair fiscal years 2008-2015 facility maintenance exemption Section 17070.75 account fund California education funding
(Amended by Stats. 2011, Ch. 7, Sec. 16. (SB 70) Effective March 24, 2011.)
This law requires school districts in California to certify that they are following a plan for major maintenance of school facilities when they receive state funding for a project. This includes keeping roofs, heating systems, and more in good repair. The plan must identify maintenance needs, provide a timeline, estimate costs, and outline funding. It should be updated annually as part of the budget process, and made available to the public. The budget must account for this maintenance, and if not fully funded, there must be an explanation.
(a)CA Education Code § 17070.77(a) For each project funded after January 1, 2002, the board shall require the applicant school district governing board to certify, as part of the school district’s annual budget process and beginning in the fiscal year in which the project is funded by the state, that it is in compliance with the plan adopted pursuant to paragraph (3) of subdivision (b) of Section 17070.75 for completing major maintenance requirements for the project.
(b)CA Education Code § 17070.77(b) For purposes of this chapter, the term “major maintenance” means all actions necessary to keep roofing, siding, painting, floor and window coverings, fixtures, cabinets, heating and cooling systems, landscaping, fences, and other items designated by the governing board of the school district in good repair.
(c)CA Education Code § 17070.77(c) The board shall require the school district’s governing board to certify that the plan includes and is being implemented with all of the following components:
(1)CA Education Code § 17070.77(c)(1) Identification of the major maintenance needs for the project.
(2)CA Education Code § 17070.77(c)(2) Specification of a schedule for completing the major maintenance.
(3)CA Education Code § 17070.77(c)(3) Specification of a current cost estimate for the scheduled major maintenance needs.
(4)CA Education Code § 17070.77(c)(4) Specification of the school district’s schedule for funding a reserve to pay for the scheduled major maintenance needs.
(5)CA Education Code § 17070.77(c)(5) Review of the plan annually, as a part of the school district’s annual budget process, and update, as needed, the major maintenance needs, the estimates of expected costs, and any adjustments in funding the reserve.
(6)CA Education Code § 17070.77(c)(6) Availability for public inspection of the original plan, and all updated versions of the plan, at the office of the superintendent of the school district during the working hours of the school district.
(7)CA Education Code § 17070.77(c)(7) Provision in the school district’s annual budget for the reserve that contains the total funding available for scheduled major maintenance needs as specified in the updated plan, and an explanation if this amount of the reserve is less than that specified in the updated plan.
school districts major maintenance facility maintenance budget process funding certification maintenance schedule cost estimate maintenance funding reserve public inspection project compliance school facilities sustainability plans maintenance plan update board certification state-funded projects
(Added by Stats. 2001, Ch. 194, Sec. 1. Effective January 1, 2002.)
This law requires that new or purchased school facilities for students with special needs be designed and located to maximize interaction between these students and their peers, as suitable for everyone's needs. Schools must ensure these facilities are part of the broader school setup. The State Allocation Board, in cooperation with educational authorities, will establish regulations for this integration. If a school cannot meet these requirements, they can request a waiver from the Superintendent of Public Instruction. This involves a documented request, verification by the State Department of Education, and a review by the Advisory Commission on Special Education. If the waiver request isn't rejected within 60 days, it is automatically approved.
(a)CA Education Code § 17070.80(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)CA Education Code § 17070.80(b) The governing board of each applicant school district and the county office of education shall ensure that school facilities for pupils who are individuals with exceptional needs are integrated with other school facilities.
(c)CA Education Code § 17070.80(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)CA Education Code § 17070.80(d) Notwithstanding any other provision of 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)CA Education Code § 17070.80(d)(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)CA Education Code § 17070.80(d)(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)CA Education Code § 17070.80(d)(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)CA Education Code § 17070.80(d)(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)CA Education Code § 17070.80(d)(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.
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(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This law says that if there was a lien, which is like a legal claim, placed on school district property under certain sections before the date this law became active, it has to be removed. From November 4, 1998, no new liens can be placed under those same sections on school district property. Removing these liens ensures that anyone relying on this release is protected, and the removal can be officially recorded.
Notwithstanding any other provision of law, a lien recorded on school district property that has been imposed pursuant to Section 16019 or 17030 shall be released on the operative date of this section. The release shall conclusively protect any third party relying upon the same, and shall be acknowledged to permit recordation by the county recorder. On and after November 4, 1998, a lien may not be imposed pursuant to Section 16019 or Section 17030.
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(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
If you submit applications for new construction or updates to schools before October 31, 2024, they will be handled based on the rules that were in place as of January 1, 2024.
New construction and modernization applications submitted before October 31, 2024, shall be processed and apportioned in accordance with this chapter, as it read on January 1, 2024.
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(Added by Stats. 2024, Ch. 81, Sec. 7. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.)
This law section requires school districts in California to confirm that they have explored teaming up with other government bodies to share land and facilities, which can help cut down on the expenses of school facilities. Additionally, money allocated for expanding or updating schools can be used for the school’s share in these joint-use facilities.
As a part of its application, a school district shall certify that it has considered the feasibility of the joint use of land and facilities with other governmental entities in order to minimize school facilities costs. Funds provided pursuant to this chapter for growth and modernization may be used for the school portion of joint-use facilities.
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(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This law requires a school district to confirm, as part of its application for big building or renovation projects, that it's thought about needing vocational and career technical education facilities. They must do this in consultation with an advisory committee. This ensures that the district's programs align with certain educational standards. The board is also responsible for creating rules to manage this process.
As a part of its application for large construction and modernization projects, a school district shall certify, in consultation with the career technical education advisory committee established pursuant to Section 8070, that it has considered the need for vocational and career technical facilities to adequately meet its program needs consistent with Section 51224, subdivision (b) of Section 51225.3, and Section 52336.1. The board shall adopt regulations necessary for administration of this section.
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(Added by Stats. 2002, Ch. 33, Sec. 8. Effective April 29, 2002.)
Before a school district in California can receive funding for construction or renovation projects, its career technical education advisory committee must confirm in writing that the district is adequately providing for vocational and career technical education needs. This confirmation ensures alignment with certain educational requirements.
In conjunction with an application of a school district for any construction or modernization project, and as a condition of the district receiving funds for the project, the career technical education advisory committee for the district shall provide written confirmation that the need for vocational and career technical facilities is being adequately met within the district consistent with Section 51224, subdivision (b) of Section 51225.3, subdivision (b) of Section 51228, and Section 52336.1.
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(Added by Stats. 2006, Ch. 778, Sec. 1. Effective January 1, 2007.)
This law section requires school districts applying for funding for construction or modernization projects to certify that they've thought about using designs and materials that save energy and water, use natural lighting and good air quality, include recycled materials, and create an environment that supports learning, like good acoustics and low-toxic materials.
As part of its application for funding under this chapter, a school district shall certify that it has considered the feasibility of using designs and materials for the construction or modernization project 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.
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(Added by Stats. 2006, Ch. 35, Sec. 2. Effective May 20, 2006. Operative after November 7, 2006, pursuant to Sec. 25 of Ch. 35, and adoption of Prop. 1D.)
Starting January 1, 2015, this rule states that funding for incentive grants can't be approved for new construction or upgrading projects that aim to have high-performance school features, like those mentioned in another section of the law.
On or after January 1, 2015, the board shall not approve funding for incentive grants to promote the use of designs and materials in new construction and modernization projects that include the attributes of high-performance schools, including, but not limited to, the elements set forth in Section 17070.96.
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(Added by Stats. 2014, Ch. 39, Sec. 2. (SB 869) Effective June 20, 2014.)
This law requires school districts to have insurance for public liability and property damage for any facility that is built or updated with funds provided under this chapter.
The board shall require the school district to insure against public liability or property damage in connection with any facility constructed or modernized with an apportionment under this chapter.
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(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
If a school district doesn't have employees with enough construction management experience, they can hire outside help. They are allowed to use certain state funds to pay for these services, as specified by related law sections.
A school district that does not have employees who possess adequate construction management experience may contract for the provision of construction management, and may use funds provided pursuant to Article 4 (commencing with Section 17072.10), Article 5 (commencing with Section 17072.20), and Article 7 (commencing with Section 17074.10) for the cost of those services as expressly authorized by Section 17072.35 and Section 17074.25.
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(Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.)
This section requires evaluations to be conducted on the cost and outcomes of building small high schools in California. One evaluation is about the construction and modernization costs, while another looks at how students perform at these schools, including their academic success and college attendance. The evaluation also explores why districts might be hesitant to build small high schools. These evaluations must be finished within two years of the last small high school opening and will help guide future school building projects and funding decisions.
(a)CA Education Code § 17070.99(a) The board shall conduct an evaluation on the cost of new construction and modernization of small high schools in conjunction with the pilot program established pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005.
(b)CA Education Code § 17070.99(b) The State Department of Education shall conduct an evaluation that focuses on pupil outcomes, including, but not limited to, academic achievement and college attendance rates, at the small high schools constructed pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005, and on the reasons school districts do not currently opt to build small high schools.
(c)CA Education Code § 17070.99(c) The evaluations required pursuant to subdivisions (a) and (b) shall be completed no later than two years after the opening of the last small high school constructed pursuant to subdivision (c) of Section 17072.10, as it read on January 1, 2005.
(d)CA Education Code § 17070.99(d) The evaluations conducted pursuant to subdivisions (a) and (b) shall be used to inform the direction of future school facilities construction and related bond measures.
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(Added by Stats. 2004, Ch. 894, Sec. 3. Effective January 1, 2005.)