SECTIONS 17071.10-17071.46 - California Statutes

EDUCATION CODE

SECTION 17071.10-17071.46

17071.10. (a) The calculation determined by this article shall be
made on a one-time basis, and will be used as the baseline for
eligibility determinations pursuant to this chapter.
(b) Each school district that elects to participate in the new
construction program pursuant to this chapter shall submit to the
board a one-time report of existing school building capacity.
(c) Notwithstanding subdivisions (a) and (b), a school district
newly formed , reorganized, or affected by reorganization, pursuant
to an election that occurred on or after November 4, 1998, shall
calculate or recalculate its existing school building capacity
pursuant to regulations adopted by the State Allocation Board.

17071.25. (a) The existing school building capacity in the
applicant school district or, where appropriate, in the attendance
area, at the time of initial application shall be calculated pursuant
to the following formula:
(1) Identify by grade level all permanent teaching stations
existing in the school district or, where appropriate, the attendance
area. For the purposes of this section, "teaching station" means any
space that was constructed or reconstructed to serve as an area in
which to provide pupil instruction, but shall not include portable
buildings, except as provided in Section 17071.30.
(2) (A) The assumed capacity of each calculated teaching station
pursuant to paragraph (1) shall be 25 pupils for each teaching
station used for kindergarten or for grades 1 to 6, inclusive, and 27
pupils for each teaching station used for grades 7 to 12, inclusive.
(B) On or after January 1, 2000, the board may adopt or amend
regulations adjusting the assumed capacity set forth in this
subparagraph as appropriate for each teaching station used for
nonsevere or severe special day class purposes after considering the
recommendations of the Legislative Analyst pursuant to Section
17072.15. These special day class capacity adjustments and any
adjustment of existing school capacity related to changes in the
assumed capacity of special day class teaching stations shall be
approved by the Director of Finance prior to implementation.
(C) On or after January 1, 2001, the board may adopt regulations
establishing assumed capacity standards after consideration of the
recommendations developed by the Director of General Services for
continuation high school, community day school, county community
school, and county community day school, teaching stations pursuant
to Section 17072.17. Teaching station assumed capacity adjustments
pursuant to these regulations and any other adjustments of existing
school capacity related to changes in the assumed capacity of
continuation high school, community day school, county community
school, and county community day school, teaching stations shall be
approved by the Director of Finance prior to implementation.
(3) Multiply the assumed capacity of each teaching station as
specified in paragraph (2) by the number of teaching stations
calculated under paragraph (1).
(4) The result of this computation shall be the number of pupils
housed by grade level in the existing school building capacity of the
applicant school district.
(b) The existing school building capacity of the applicant school
district calculated under this section shall not include, in any
school operated on a year-round schedule, any teaching station that
has been in continuous use during the preceding five-year period
primarily for the operation of a preschool program or programs.

17071.30. For purposes of determining the existing school building
capacity, each applicant school district shall include each portable
classroom, whether owned or leased, except as otherwise provided in
subdivision (a) or (b).
(a) Portable classrooms leased pursuant to Chapter 14 (commencing
with Section 17085) shall be excluded from the existing school
building capacity. Portable classrooms obtained by an applicant
district pursuant to subdivision (b) of Section 17088.5 shall be
excluded from the existing school building capacity, except as to any
portable classroom or classrooms for which the district rejected the
board's offer to purchase pursuant to that subdivision. Portable
classrooms leased for a period of less than five years prior to the
date of application shall not be included in existing school building
capacity.
(b) The number of portable classrooms, reduced by the number of
portable classrooms used as interim housing for modernization
projects, that exceed 25 percent of the number of permanent
classrooms available to the district shall not be included in the
existing building capacity.

17071.33. (a) For the purposes of determining existing school
building capacity, the calculation shall be adjusted as required for
first priority status pursuant to Section 17017.7 as that calculation
would have been made under the policies of the board in effect
immediately preceding September 1, 1998.
(b) Notwithstanding subdivision (a), with respect to a high school
district, the existing school building capacity shall be calculated
without regard to multitrack year-round school considerations.

17071.35. Notwithstanding any other provisions of law, the maximum
school building capacity for each applicant district shall be
increased by the number of pupils reported by the Superintendent of
Public Instruction for that grade level pursuant to Section 42268.
This adjustment shall be calculated on the basis, at the district's
option, of either the district as a whole or the appropriate
attendance area.

17071.40. Each school on a year-round, multitrack calendar that has
a density of 200 or more pupils enrolled per acre, that is located
in a school district with 40 percent of its pupils attending
multitrack, year-round schools shall be exempted from the increase in
school building capacity required by Section 17071.35. Nothing in
this section shall be construed as exempting the school from the
requirements of Section 17071.33.

17071.46. (a) If an applicant school district proposes to demolish
a single-story building and replace it with a multistory building on
the same site, the State Allocation Board shall provide a
supplemental grant for 50 percent of the replacement cost of the
single-story building to be demolished, if all of the following
conditions are met:
(1) The cost of the demolition and construction of a new
multistory building on the same site is less than the total cost of
providing a new school facility, including land, on a new site for
the additional number of pupils housed as a result of the multistory
replacement building on the existing site, as determined by the State
Allocation Board. For purposes of this subdivision, the method of
estimating the site acquisition costs savings shall be based on
previous actual site sizes and acquisition costs in the district for
equivalent numbers of pupils, or as otherwise determined by the board
if actual site acquisition comparisons are not available for the
district.
(2) The school district will maximize the increase in pupil
capacity on the site when it builds the multistory replacement
building, subject to the limits imposed on it pursuant to paragraph
(3).
(3) The State Department of Education has determined that the
demolition of an existing single-story building and replacement with
a multistory building at the site is the best available alternative
and will not create a school with an inappropriate number of pupils
in relation to the size of the site, as determined by the State
Department of Education.
(b) The State Allocation Board shall establish additional
requirements it deems necessary to ensure that the economic interests
of the state and the educational interests of the children of the
state are protected.