Today's Law As Amended


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SB-1380 School facilities: construction.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 17078.73 is added to the Education Code, to read:

17078.73.
 (a) (1) School facilities constructed or modernized pursuant to this article shall be used for career technical education purposes for a minimum of five years. The governing board of an applicant school district shall submit a resolution adopted by the governing board stating the intent to use the facilities built or modernized with funds received pursuant to paragraph (4) of subdivision (a) of Section 101012 for career technical education purposes and shall provide certification regarding this use during the first year of occupation of the school facility. If the facility or educational program of the school district changes during the initial five years of use, the governing board may seek a waiver of the career technical education use requirement from the board. The department shall evaluate the waiver request pursuant to the following criteria and recommend to the board whether or not to grant the waiver:
(A) Enrollment changes in the school district.
(B) Enrollment changes in the career technical education program.
(C) Changes in labor market demands.
(D) Inability to hire teaching staff with the proper credentials.
(E) The fiscal conditions of the school district.
(F) Other factors presented by the governing board, as deemed appropriate and relevant by the department and board.
(2) The governing board of a school district with projects approved by the State Allocation Board pursuant to Section 101012 on or after January 1, 2011, shall meet the requirements specified in paragraph (1).
(b) A school district applying for a career technical education grant is encouraged to include teachers of career technical education and members of the local career technical education advisory committee in the design and planning process leading to the submission of an application that is a request for full funding or a reservation of funds.
(c) Qualifying equipment purchased with funds received pursuant to paragraph (4) of subdivision (a) of Section 101012 shall have a life expectancy of at least 10 years, except that up to 25 percent of the funds provided for equipment may be used for the purchase of items or equipment with a life expectancy of at least five years. A school district is encouraged to purchase energy efficient and environmentally preferable equipment.