SECTIONS 17260-17268 - California Statutes

EDUCATION CODE

SECTION 17260-17268

17260. As used in this article "school buildings" shall have the
same meaning as in Section 17283.

17261. The State Allocation Board shall obtain construction plans
for school buildings appropriate for school districts in various
climates and geographical conditions of the state. The plans shall be
composed of plans designed to meet the needs of school districts
requiring school buildings of various sizes. The plans may include
landscape suggestions. The plans may include designs that promote the
efficient use of energy and water, the maximum use of natural
lighting and indoor air quality, the use of recycled materials and
materials that emit a minimum of toxic substances, the use of
acoustics conducive to teaching and learning, and other
characteristics of high performance schools.

17262. Any school district may request sets of the plans and
specifications obtained by the State Allocation Board as appropriate
for use in constructing a school building of the type desired by the
school district. The plans and specifications shall be furnished to
the school district subject to the payment by the school district of
the actual expense incurred by the State Allocation Board, but that
payment shall not exceed more than 2 percent of the total cost of the
project. Any payments received for the plans and specifications
shall be paid into the 1998 State School Facilities Fund, the 2002
State School Facilities Fund, or the 2004 State School Facilities
Fund, as appropriate.

17263. The plans and specifications for any school building as
defined in Section 17283, together with estimates of cost, shall be
submitted by the board to the Department of General Services for
approval.

17264. (a) Commencing January 1, 1992, all plans and specifications
for the construction of a new or modernized elementary school
building shall be designed to provide appropriate space, consistent
with the needs of the attendance area of the school, to accommodate
before-school and after-school child care programs. The State
Allocation Board may waive this requirement if it determines that the
school district will experience an educational or financial hardship
in this accommodation.
(b) For purposes of this section, first consideration in the
design of space to be used for the before-school and after-school
child care programs shall be within the multipurpose room.
(c) For purposes of this section, the terms "new construction" and
"modernization" shall have the same meaning as those words are used
in Chapter 12 (commencing with Section 17000) of Part 10.
(d) No funding shall be made available to any child care program
or facility pursuant to this chapter unless all of the following
conditions are met:
(1) The program facility is open to children without regard to any
child's religious beliefs or any other factor related to religion.
(2) No religious instruction is included in the program.
(3) The space in which the program is operated is not utilized in
any manner to foster religion during the time used for the program.

17265. All provisions of Sections 17280 to 17313, inclusive, are
made applicable to school buildings as defined in Section 17283
constructed from plans and specifications furnished under Sections
17260 to 17267, inclusive, except as otherwise provided in the latter
sections.

17266. The district shall furnish its own architect or structural
engineer, or both, for necessary structural engineering and
supervision of construction.

17267. The governing board of a school district shall, before
letting any contract for the construction of a school building as
defined in Section 17283 according to the plans and specifications,
file a set of the plans and specifications with the Department of
General Services accompanied by a fee in the amount fixed by Section
17300.

17268. (a) The governing board of a school district that elects not
to receive state funds pursuant to Chapter 12.5 (commencing with
Section 17070.10) may not approve a project for the construction of a
new school building, as defined in Section 17283, unless the project
and its lead agency comply with the same requirements specified in
subdivision (a) of Section 17213 for schoolsite acquisition.
(b) As a condition to receiving state funds pursuant to Chapter
12.5 (commencing with Section 17070.10, the governing board of a
school district may not approve a project for the construction of a
new school building or schoolsite on leased or acquired land unless
the project and the school district comply with the requirements
specified in Sections 17213.1 and 17213.2.
(c) The project shall not be subject to subdivision (b) for a
minor addition to a school if the project is eligible for a
categorical or statutory exemption under guidelines issued pursuant
to Section 21083 of the Public Resources Code, as set forth in the
California Environmental Quality Act.
(d) "School building," as used in this section, means any building
designed and constructed to be used for elementary or secondary
school purposes by a school district.
(e) The requirements of Sections 17213, 17213.1 and 17213.2 shall
not apply to a schoolsite if the acquisition occurred prior to
January 1, 2000, to the extent a school district is subject to the
requirements set forth in those sections pursuant to a judicial order
or an order issued by, or an agreement with the Department of Toxic
Substances Control regarding that site, and the school district is in
full compliance with that order or agreement.
(f) For purposes of this section, the acceptance of construction
bids shall constitute approval of the project.