California Senate Bill SB1432 Introduced / Bill

 BILL NUMBER: SB 1432INTRODUCED BILL TEXT INTRODUCED BY Senator Hancock FEBRUARY 19, 2010 An act to amend Section 17070.80 of the Education Code, relating to school facilities. LEGISLATIVE COUNSEL'S DIGEST SB 1432, as introduced, Hancock. School facilities. Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. The Greene Act requires all school facilities purchased or newly constructed pursuant to the act for use, in whole or in part, by pupils who are individuals with exceptional needs, as defined, to 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. This bill would require, in conjunction with an application for Greene Act funding, and as a condition of receiving funds for the project, the school district to certify that it consulted with the county office of education or special education local planning agency and that the project includes the necessary school facilities and supporting infrastructure for pupils who are individuals with exceptional needs or to certify and demonstrate that the project site has dedicated acreage of sufficient size and in an appropriate location to support the construction of classrooms, toilet rooms, and medical therapy units in the future by the district or the county office of education, unless the school district certifies that the district and the county office of education or special education local planning agency have no special education facilities needs. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17070.80 of the Education Code is amended to read: 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) 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) (1) In conjunction with an application of a school district for a construction or modernization project, and as a condition of the district receiving funds for the project, the school district shall do either of the following:   (A) Certify that it consulted with the county office of education or special education local planning agency and that the project includes the necessary school facilities and supporting infrastructure for pupils who are individuals with exceptional needs.   (B) Certify and demonstrate that the project site has dedicated acreage of sufficient size and in an appropriate location to support the construction of classrooms, toilet rooms, and medical therapy units in the future by the district or the county office of education.   (2) If the project does not include facilities and supporting infrastructure for individuals with exceptional needs or the dedicated acreage, the school district shall certify that the district and the county office of education or special education local planning agency have no special education facilities needs.   (c)   (d)  The  State Allocation Board   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)   (e)  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) The applicant school district or county superintendent of schools shall file a written request for waiver that documents the reasons for its inability to comply with the requirement. (2) The State Department of Education shall verify the reasons set forth pursuant to paragraph (1), including the documentation submitted, which verification shall be completed no later than 30 days after the filing of the request for waiver with the Superintendent  of Public Instruction  . (3) The Advisory Commission on Special Education, as established under Section 33590, at its first scheduled meeting following the verification conducted pursuant to paragraph (2), shall review the request for waiver, accompanying documentation, and the verification findings of the State Department of Education. No later than 15 days following the date of that meeting, the commission shall submit its written comments and recommendations regarding the request for waiver to the Superintendent  of Public Instruction  . (4) The Superintendent  of Public Instruction  shall review the comments and recommendations submitted by the Advisory Commission on Special Education prior to approving or rejecting the request for waiver. (5) Any request for waiver, submitted in accordance with this section, that is not rejected within 60 days of its receipt by the State Department of Education, shall be deemed approved.