Article 1Kindergarten Through 12th Grade School Facilities Program Provisions

Section § 100410

Explanation

This law outlines how funds from bonds, totaling $6.7 billion, are to be managed for California school facilities. The first $3.35 billion in bonds will fund projects under the Leroy F. Greene State School Building Lease-Purchase Law that were approved but unfunded as of November 4, 1998. The second $3.35 billion will only be issued after July 1, 2000, and both portions will be managed by the State Allocation Board.

(a)CA Education Code § 100410(a) Three billion three hundred fifty million dollars ($3,350,000,000) of the proceeds of bonds issued and sold pursuant to this part shall be deposited in the 1998 State School Facilities Fund, which is established by Section 17070.40, and allocated by the State Allocation Board pursuant to this chapter. Before requesting the sale of bonds pursuant to Section 100432 for deposit in the State School Facilities Fund, the State Allocation Board shall request, pursuant to Section 100432, the sale of bonds sufficient to finance all projects for which application was made pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10) and for which an application was approved for construction, but funding was not available, prior to November 4, 1998.
(b)CA Education Code § 100410(b) In addition to the amount specified in subdivision (a), three billion three hundred fifty million dollars ($3,350,000,000) of the bonds authorized by this chapter shall only be issued and sold pursuant to this chapter on or after July 1, 2000, and the proceeds of those bonds shall be deposited in the 1998 State School Facilities Fund and allocated by the State Allocation Board pursuant to this chapter.
bond proceeds 1998 State School Facilities Fund Leroy F. Greene State School Building Lease-Purchase Law State Allocation Board school construction funding unfunded approved projects school facilities financing California school bonds allocation of bond funds state school facilities school building projects lease-purchase law projects school infrastructure bonds state school projects education facilities funding
(Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)

Section § 100415

Explanation

This law outlines how the funds from the 1998 State School Facilities Fund can be used. The funds are allocated to help school districts and county education bodies in California build schools, following specific laws from 1976 and 1998. The money can also pay back loans with interest that were advanced to the fund, and reimburse certain fund expenses. Additionally, money from bonds issued under this law will be used to build schools for kindergarten through 12th grade over a four-year period.

(a)CA Education Code § 100415(a) All moneys deposited in the 1998 State School Facilities Fund pursuant to this chapter shall be available and, notwithstanding any other provision of law to the contrary, are hereby appropriated to provide aid to school districts of the state in accordance with the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 12 (commencing with Section 17000) of Part 10) and in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), to provide aid to school districts, county superintendents of schools, and county boards of education of the state in accordance with Section 100420, to provide funds to repay any money advanced or loaned to the 1998 State School Facilities Fund under any act of the Legislature, together with interest provided for in that act, and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code.
(b)CA Education Code § 100415(b) The bonds issued and sold pursuant to this chapter shall fund kindergarten and grades 1 through 12, inclusive, school constructions for a four-year period.
1998 State School Facilities Fund school district aid school construction funding Leroy F. Greene State School Building Lease-Purchase Law Leroy F. Greene School Facilities Act 1976 school building law school facilities act 1998 general obligation bond kindergarten to grade 12 schools school funding loans county superintendents education fund reimbursement school board funds bond issuance four-year school construction plan
(Added by Stats. 1998, Ch. 407, Sec. 16. Approved in Proposition 1A at the November 3, 1998, election.)

Section § 100420

Explanation

This law outlines the allocation of funds from bonds for school-related projects starting in fiscal years 1998-99 and 2000-01. In the first phase, $3.35 billion is allocated: $1.35 billion for school district projects with increased enrollment, $800 million for facility modernization, $500 million for critical hardships, and $700 million for class size reduction costs and site acquisitions. If funds for class size reduction are not completely used by July 2000 or 2003, they can be reallocated.

During the second phase, another $3.35 billion is designated: $1.55 billion for school growth projects and $1.3 billion for facility upgrades similar to the first phase. Additionally, $500 million is set aside for hardships like portable classrooms. The funds may be used for air-conditioning, security upgrades, asbestos abatement, roof replacements, and other renovations. State laws can adjust fund allocation, but total amounts remain constant without voter approval.

(a)CA Education Code § 100420(a) Of the proceeds from the sale of bonds, issued and sold pursuant to this chapter, as specified in subdivision (a) of Section 100410, not more than three billion three hundred fifty million dollars ($3,350,000,000) shall be allocated beginning in the 1998–99 fiscal year in accordance with the following schedule:
(1)CA Education Code § 100420(a)(1) Not less than one billion three hundred fifty million dollars ($1,350,000,000) for project funding related to the growth in enrollment of applicant school districts under Chapter 12 and Chapter 12.5 that have incurred or will incur enrollment increases.
(2)CA Education Code § 100420(a)(2) Not less than eight hundred million dollars ($800,000,000) for the reconstruction or modernization of facilities pursuant to Chapter 12 and Chapter 12.5.
(3)CA Education Code § 100420(a)(3) Not more than five hundred million dollars ($500,000,000) shall be deposited in the Public School Critical Hardship Account, which is hereby established in the 1998 State School Facilities Fund and shall be allocated by the State Allocation Board to fund critical hardships as defined in Chapter 12.5. These funds may be expended for the acquisition of portable classrooms for use in accordance with Chapter 14 (commencing with Section 17085) of Part 10.
(4)Copy CA Education Code § 100420(a)(4)
(A)Copy CA Education Code § 100420(a)(4)(A) Not more than seven hundred million dollars ($700,000,000) may be allocated to assist school districts with site acquisition and facilities-related costs of kindergarten and grades 1 to 3, inclusive, that are in the Class Size Reduction Program contained in Chapter 6.10 (commencing with Section 52120) of Part 28 and Chapter 19 (commencing with Section 17200) of Part 10, and to assist districts with the restoration of facilities that previously accommodated other programs and were displaced as a result of the implementation of class size reduction. On and after July 1, 2000, if applications for the total funds available under this paragraph have not been filed with the State Allocation Board, the funds for which applications have not been received may be allocated by the board to other high priority needs as the board determines. On and after July 1, 2003, any funds not allocated are available for other high priority needs.
(B)CA Education Code § 100420(a)(4)(A)(B) The funds allocated in subparagraph (A) shall be allocated to the State Department of Education to provide class size reduction facilities grants necessary to implement the K–3 Class Size Reduction Program established pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 and Chapter 19 (commencing with Section 17200) of Part 10. The department shall certify to the State Allocation Board the amount of funds needed for this purpose. The board shall transfer the amount of funds needed to the department. From these funds, the department shall award eligible districts forty thousand dollars ($40,000) for each new option one class established for class size reduction for which the district had not previously received funding under class size reduction facilities programs.
(C)CA Education Code § 100420(a)(4)(A)(C) The remaining funds provided pursuant to subparagraph (A) shall be to provide funding for schoolsites that were eligible to receive a class size reduction land-locked waiver pursuant to Section 52122.6. The funds may be provided to districts to provide 50 percent of the cost of funding a facilities mitigation plan developed for the impacted site pursuant to Section 52122.7.
(D)CA Education Code § 100420(a)(4)(A)(D) Any funds not expended pursuant to subparagraphs (A), (B), or (C) may be allocated to districts that request funding of forty thousand dollars ($40,000) for each teaching station that (1) was displaced as a result of the implementation of class size reduction and (2) received less than forty thousand dollars ($40,000) per teaching station in 1996–97 pursuant to Chapter 19 (commencing with Section 17200) of Part 10. Programs for which teaching stations may be restored may include child care, extended day care, school libraries, computer labs, and special education classrooms.
(b)CA Education Code § 100420(b) Of the proceeds from the sale of bonds issued and sold pursuant to this chapter, as specified in subdivision (b) of Section 100410, not more than three billion three hundred fifty million dollars ($3,350,000,000) shall be allocated beginning in the 2000–01 fiscal year in accordance with the following schedule:
(1)CA Education Code § 100420(b)(1) Not less than one billion five hundred fifty million dollars ($1,550,000,000) for project funding related to the growth in enrollment of applicant school districts under Chapter 12.5 that have incurred or will incur enrollment increases.
(2)CA Education Code § 100420(b)(2) Not less than one billion three hundred million dollars ($1,300,000,000) for the reconstruction or modernization of facilities pursuant to Chapter 12.5.
(3)CA Education Code § 100420(b)(3) Not more than five hundred million dollars ($500,000,000) shall be deposited in the Public School Critical Hardship Account in the 1998 State School Facilities Fund and shall be allocated by the State Allocation Board to fund critical hardships as defined in Chapter 12.5. These funds may be expended for the acquisition of portable classrooms for use in accordance with Chapter 14 (commencing with Section 17085) of Part 10.
(c)CA Education Code § 100420(c) Districts may use funds allocated pursuant to paragraph (2) of subdivision (a) and paragraph (2) of subdivision (b) for one or more of the following purposes in accordance with Chapter 12.5:
(1)CA Education Code § 100420(c)(1) The purchase and installation of air-conditioning equipment and insulation materials, and related costs.
(2)CA Education Code § 100420(c)(2) Construction projects or the purchase of furniture or equipment designed to increase school security or playground safety.
(3)CA Education Code § 100420(c)(3) The identification, assessment, or abatement in school facilities of hazardous asbestos.
(4)CA Education Code § 100420(c)(4) Project funding for high priority roof replacement projects.
(5)CA Education Code § 100420(c)(5) Any other renovation or modernization of facilities pursuant to Chapter 12.5.
(d)CA Education Code § 100420(d) Funds allocated pursuant to paragraph (1) of subdivision (a) and paragraph (1) of subdivision (b) may be utilized to provide new construction grants, without regard to funding priorities, for applicant county boards of education under Chapter 12.5 that are eligible for that funding or classrooms for severely handicapped pupils and funding for classrooms for county community school pupils.
(e)Copy CA Education Code § 100420(e)
(1)Copy CA Education Code § 100420(e)(1) The Legislature may amend this section to adjust the minimum funding amounts specified in paragraphs (1) and (2) of subdivision (a) and the maximum funding amounts specified in paragraphs (3) and (4) of subdivision (a), and to adjust the minimum funding amounts specified in paragraphs (1) and (2) of subdivision (b) and the maximum funding amount specified in paragraph (3) of subdivision (b), by either of the following methods:
(A)CA Education Code § 100420(e)(1)(A) By a statute, passed in each house of the Legislature by rollcall vote entered in the respective journals, by not less than two-thirds of the membership in each house concurring, if the statute is consistent with, and furthers the purposes of, this chapter.
(B)CA Education Code § 100420(e)(1)(B) By a statute that becomes effective only when approved by the voters.
(2)CA Education Code § 100420(e)(2) Amendments pursuant to this subdivision may adjust the amounts to be expended pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) or paragraphs (1) to (3), inclusive, of subdivision (b) or both, but may not increase or decrease the total amount to be expended pursuant to either subdivision.
bond proceeds school enrollment growth facility modernization critical hardship funding portable classrooms Class Size Reduction Program site acquisition facility-related costs renovation and modernization air-conditioning installation playground safety asbestos abatement roof replacement projects new construction grants fund allocation amendments
(Amended by Stats. 1999, Ch. 858, Sec. 14. Effective January 1, 2000. Note: This section was added by Stats. 1998, Ch. 407, and approved in Prop. 1A on Nov. 3, 1998.)