Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-1303 School facilities: Civic Center Act: direct costs.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/24/2019 09:00 PM
AB1303:v97#DOCUMENT

Amended  IN  Senate  June 24, 2019
Amended  IN  Assembly  April 01, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1303


Introduced by Assembly Members O’Donnell, McCarty, and Quirk-Silva Member O’Donnell
(Coauthors: Assembly Members Cunningham, Fong, Frazier, Grayson, Mullin, Rodriguez, Voepel, Burke, Chen, Choi, Patterson, Wicks, and Gonzalez)

February 22, 2019


An act to amend Sections 53070, 53071, 53072, 53073, 53075, 53076, 53076.2, 88821, 88822, 88823, 88825, 88826 of, to amend, renumber, and repeal Sections 88827, 88828, 88829, 88830, 88831, 88832, and 88833 of, to add Sections 33457 and 53076.1 to, and to add and repeal the heading of Article 11.5 (commencing with Section 33455) of Chapter 3 of Part 20 of Division 2 of Title 2 of, the Education Code, relating to career technical education. An act to amend Section 38134 of the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 1303, as amended, O’Donnell. California Career Technical Education Incentive Grant Program: Strong Workforce Program. School facilities: Civic Center Act: direct costs.
The Civic Center Act authorizes, and in some instances requires, the governing board of a school district to allow the use of school facilities or grounds as a civic center, for specified purposes. The act authorizes or requires, as applicable, the governing board of a school district to charge a fee, not to exceed the school district’s direct costs, as defined, for use of its school facilities or grounds. Existing law, until January 1, 2020, defines direct costs that the governing board of a school district may or must charge an entity for the use of school facilities or grounds to include a specified share of the operating and maintenance costs proportional to the entity’s use of the school facilities or grounds under this provision and a share of the costs for maintenance, repair, restoration, and refurbishment of the school facilities or grounds proportional to that entity’s use of the school facilities or grounds, as specified.
This bill would extend until January 1, 2025, the authorization or requirement for the governing board of a school district to charge an entity a fee for the use of the school’s facilities or grounds that includes the costs described above.

(1)Existing law establishes the California Career Technical Education Incentive Grant Program, administered by the State Department of Education, with the purpose of encouraging and maintaining the delivery of high-quality career technical education programs. Existing law appropriates specified amounts for the program from the General Fund for the 2015–16, 2016–17, and 2017–18 fiscal years. For the 2018–19 fiscal year and each fiscal year thereafter, existing law provides that $150,000,000 will be made available to the department for the program, upon appropriation by the Legislature in the annual Budget Act or another statute. Existing law requires the Superintendent of Public Instruction to take specified actions for purposes of administering the program. Existing law requires that recipients of grants under the program provide a match of $2 for each $1 they receive from the program.

This bill would instead specify that the purpose of the program is to encourage, maintain, and strengthen the delivery of high-quality career technical education programs. The bill would specify that, upon appropriation by the Legislature, $450,000,000 shall be made available for the program to the department each year for the 2019–20 fiscal year and each fiscal year thereafter. The bill would require the Superintendent to also ensure a level of professional staffing within the department dedicated to career technical education, sufficient to effectively administer the program and other federal and state career technical education programs, as specified. The bill would, commencing with the fiscal year beginning July 1, 2019, reduce the required match from a grant applicant to $1 for each $1 received from the program.

(2)Existing law provides that a grant recipient under the program may consist of one or more, or any combination, of the following: school districts, county offices of education, charter schools, and regional occupational centers or programs operated by joint powers authorities as specified.

This bill would add regional occupational centers or programs operated by county offices of education to the entities authorized to be grant recipients under the program.

(3)Existing law requires the K–12 Workforce Pathway Coordinators and the K–14 Technical Assistance Providers to provide technical assistance and support to grant recipients, as provided.

This bill would instead require that regional career technical education coordinators funded, subject to the enactment of an appropriation for that purpose in the Budget Act or another statute, would provide technical assistance and support to grant recipients.

(4)Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state. Existing law establishes the Strong Workforce Program to provide funding to career technical education regional consortia made up of community college districts, as specified. Existing law also establishes a K–12 component of the Strong Workforce Program. Existing law provides that, commencing with the 2018–19 fiscal year, the amount appropriated in the annual Budget Act for the K–12 component of the program is used to create, support, or expand high-quality career technical education programs at the K–12 level that are aligned with the workforce development efforts occurring through the program.

This bill would terminate the appropriation for the K-12 component of the Strong Workforce Program after the 2018–19 fiscal year. The bill would move the provisions of the K-12 component of the Strong Workforce Program to the elementary and secondary education part of the Education Code, would render these provisions inoperative on July 1, 2020, and would repeal these provisions on January 1, 2021.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 38134 of the Education Code, as amended by Section 1 of Chapter 120 of the Statutes of 2016, is amended to read:

38134.
 (a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B) A parent-teacher association.
(C) A school-community advisory council.
(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month.
(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs.
(e) In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g) As used in this section:
(1) “Direct costs” to the school district for the use of school facilities or grounds includes all of the following:
(A) The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entity’s use of the school facilities or grounds under this section.
(B) The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i) For purposes of this subparagraph, “school facilities” shall be limited to only nonclassroom space, and “school grounds” shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii) The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I) Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
(II) Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii) Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h) By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property.
(j) This section shall remain in effect only until January 1, 2020, 2025, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, 2025, deletes or extends that date.

SEC. 2.

 Section 38134 of the Education Code, as amended by Section 2 of Chapter 120 of the Statutes of 2016, is amended to read:

38134.
 (a) (1) The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B) A parent-teacher association.
(C) A school-community advisory council.
(D) A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, “nominal fee” means an average of no more than sixty dollars ($60) per month.
(2) This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b) Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c) The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d) The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school district’s direct costs.
(e) In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f) If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g) As used in this section:
(1) “Direct costs” to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entity’s use of the school facilities or grounds.
(2) “Fair rental value” means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h) (1) A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2) Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property.
(i) This section is operative on and after January 1, 2020. 2025.