Amended in Senate April 22, 2015

Amended in Senate April 6, 2015

Senate BillNo. 572


Introduced by Senator Pan

February 26, 2015


An act to amendbegin delete Section 17388end deletebegin insert Sections 17388, 17389, and 17390end insert of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

SB 572, as amended, Pan. School facilities: school district advisory committee: use or disposition of school buildings: school closures.

Existing law authorizes the governing board of any school district, and, prior to the sale, lease, or rental of any excess real property, except rentals not exceeding 30 days, requires the governing board of any school district, to appoint a school district advisory committee to advise the governing board of the school district in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings which is not needed for school purposes.begin insert Existing law requires a school district advisory committee to consist of at least 7 but not more than 11 members, as provided, and specifies the duties of a school district advisory committee.end insert

This bill wouldbegin delete insteadend delete require the governing board of a school district tobegin insert alsoend insert appoint a school district advisory committeebegin delete for those purposes regardless of the sale, lease, or rental of any excess real property, and would also require the governing board of a school district to appoint a school district advisory committee for specified purposes prior toend deletebegin insert beforeend insert closing a school within thebegin delete governing board’s school district.end deletebegin insert school district to advise the governing board of the school district regarding the closure of the school. If a school district advisory committee is created to advise the governing board of a school district regarding the closure of a school, the bill also would require the appointment of a cross section of community members, including pupil representatives, who have an interest in, and who may be affected by, the school closure to the school district advisory committee. The bill would require a school district advisory committee created for that purpose to be involved in the factfinding necessary for an informal recommendation regarding the school closure, as specified.end insert By imposing additional duties on the governing board of a school district, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 17388 of the Education Code is amended
2to read:

3

17388.  

begin insert(a)end insertbegin insertend insertThe governing board of a school districtbegin delete shallend deletebegin insert may,
4and, prior to the sale, lease, or rental of any excess real property,
5except rentals not exceeding 30 days, the governing board of a
6school district shall,end insert
appoint a school district advisory committee
7begin delete for either of the following purposes:end delete

8begin delete(a)end deletebegin deleteend deletebegin deleteToend deletebegin insert toend insert advise the governing board of the school district in
9the development of districtwide policies and procedures governing
10the use or disposition of school buildings or space in school
11buildings that is not needed for school purposes.

begin delete

12(b) Prior to closing a school within the governing board’s school
13district, to advise the governing board in the development of
14districtwide policies and procedures governing the closure of the
15school.

end delete
begin insert

16(b) The governing board of a school district shall appoint a
17school district advisory committee before closing a school within
P3    1the school district to advise the governing board of the school
2district regarding the closure of the school.

end insert
3begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 17389 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
4read:end insert

5

17389.  

A school district advisory committee appointed pursuant
6to Section 17388 shall consist ofbegin delete not less thanend deletebegin insert at leastend insert sevenbegin delete norend delete
7begin insert but notend insert more than 11 members, and shall be representative of each
8of the following:

9(a) The ethnic, age group, and socioeconomic composition of
10the district.

11(b) The business community, such as store owners, managers,
12or supervisors.

13(c) Landowners or renters, with preference to be given to
14representatives of neighborhood associations.

15(d) Teachers.

16(e) Administrators.

17(f) Parents ofbegin delete students.end deletebegin insert pupils.end insert

18(g) Persons with expertise in environmental impact, legal
19contracts, building codes, and land use planning, including, but
20not limited to, knowledge of the zoning and other land use
21restrictions of the cities or cities and counties in which surplus
22space and real property is located.

begin insert

23(h) For a school district advisory committee created to advise
24the governing board of a school district regarding the closure of
25a school, a cross section of community members, including pupil
26representatives, who have an interest in, and who may be affected
27by, the school closure.

end insert
28begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 17390 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
29read:end insert

30

17390.  

begin deleteThe end deletebegin insert(a)end insertbegin insertend insertbegin insertA end insertschool district advisory committeebegin insert created
31for purposes of subdivision (a) of Section 17388end insert
shall do all of the
32following:

begin delete

33(a)

end delete

34begin insert(1)end insert Review the projected school enrollment and other data as
35provided by thebegin insert schoolend insert district to determine the amount of surplus
36space and real property.

begin delete

37(b)

end delete

38begin insert(2)end insert Establish a priority list of use of surplus space and real
39property that will be acceptable to the community.

begin delete

40(c)

end delete

P4    1begin insert(3)end insert Cause to have circulated throughout the attendance area a
2priority list of surplus space and real property and provide for
3hearings of community input to the committee on acceptable uses
4of space and real property, including the sale or lease of surplus
5real property for child care development purposes pursuant to
6Section 17458.

begin delete

7(d)

end delete

8begin insert(4)end insert Make a final determination of limits of tolerance of use of
9space and real property.

begin delete

10(e)

end delete

11begin insert(5)end insert Forward to thebegin delete districtend delete governing boardbegin insert of the school districtend insert
12 a report recommending uses of surplus space and real property.

begin insert

13(b) A school district advisory committee created pursuant to
14subdivision (b) of Section 17388 to advise the governing board of
15a school district regarding closure of a school, shall be involved
16in the factfinding necessary for an informal recommendation
17regarding the school closure. These duties may include, but are
18not limited to, consideration of school district enrollment
19projections, the capacity and condition of existing facilities,
20uniqueness of educational programs, environmental and safety
21concerns, projected cost savings, housing and transportation
22options for displaced pupils, and transition strategies.

end insert
23

begin deleteSEC. 2.end delete
24begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
25this act contains costs mandated by the state, reimbursement to
26local agencies and school districts for those costs shall be made
27pursuant to Part 7 (commencing with Section 17500) of Division
284 of Title 2 of the Government Code.



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