SECTIONS 100410-100420 - California Statutes

EDUCATION CODE

SECTION 100410-100420

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) 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.

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) 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.

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) 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) 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) 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) (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) 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) 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) 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) 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) 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) 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) 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) 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) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high priority roof replacement projects.
(5) Any other renovation or modernization of facilities pursuant
to Chapter 12.5.
(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) (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) 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) By a statute that becomes effective only when approved by the
voters.
(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.