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SB-572 School facilities: school district advisory committee: use or disposition of school buildings: school closures.(2015-2016)

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Amended  IN  Senate  April 22, 2015
Amended  IN  Senate  April 06, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 572

Introduced by Senator Pan

February 26, 2015

An act to amend Section 17388 Sections 17388, 17389, and 17390 of the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 572, as amended, Pan. School facilities: school district advisory committee: use or disposition of school buildings: school closures.
Existing law authorizes the governing board of any school district, and, prior to the sale, lease, or rental of any excess real property, except rentals not exceeding 30 days, requires the governing board of any school district, to appoint a school district advisory committee to advise the governing board of the school district in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings which is not needed for school purposes. Existing law requires a school district advisory committee to consist of at least 7 but not more than 11 members, as provided, and specifies the duties of a school district advisory committee.
This bill would instead require the governing board of a school district to also appoint a school district advisory committee for those purposes regardless of the sale, lease, or rental of any excess real property, and would also require the governing board of a school district to appoint a school district advisory committee for specified purposes prior to before closing a school within the governing board’s school district. school district to advise the governing board of the school district regarding the closure of the school. If a school district advisory committee is created to advise the governing board of a school district regarding the closure of a school, the bill also would require the appointment of a cross section of community members, including pupil representatives, who have an interest in, and who may be affected by, the school closure to the school district advisory committee. The bill would require a school district advisory committee created for that purpose to be involved in the factfinding necessary for an informal recommendation regarding the school closure, as specified. By imposing additional duties on the governing board of a school district, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 17388 of the Education Code is amended to read:

17388.
 (a) The governing board of a school district shall may, and, prior to the sale, lease, or rental of any excess real property, except rentals not exceeding 30 days, the governing board of a school district shall, appoint a school district advisory committee for either of the following purposes:
(a)To to advise the governing board of the school district in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings that is not needed for school purposes.

(b)Prior to closing a school within the governing board’s school district, to advise the governing board in the development of districtwide policies and procedures governing the closure of the school.

(b) The governing board of a school district shall appoint a school district advisory committee before closing a school within the school district to advise the governing board of the school district regarding the closure of the school.

SEC. 2.

 Section 17389 of the Education Code is amended to read:

17389.
 A school district advisory committee appointed pursuant to Section 17388 shall consist of not less than at least seven nor but not more than 11 members, and shall be representative of each of the following:
(a) The ethnic, age group, and socioeconomic composition of the district.
(b) The business community, such as store owners, managers, or supervisors.
(c) Landowners or renters, with preference to be given to representatives of neighborhood associations.
(d) Teachers.
(e) Administrators.
(f) Parents of students. pupils.
(g) Persons with expertise in environmental impact, legal contracts, building codes, and land use planning, including, but not limited to, knowledge of the zoning and other land use restrictions of the cities or cities and counties in which surplus space and real property is located.
(h) For a school district advisory committee created to advise the governing board of a school district regarding the closure of a school, a cross section of community members, including pupil representatives, who have an interest in, and who may be affected by, the school closure.

SEC. 3.

 Section 17390 of the Education Code is amended to read:

17390.
 The (a) A school district advisory committee created for purposes of subdivision (a) of Section 17388 shall do all of the following:

(a)

(1) Review the projected school enrollment and other data as provided by the school district to determine the amount of surplus space and real property.

(b)

(2) Establish a priority list of use of surplus space and real property that will be acceptable to the community.

(c)

(3) Cause to have circulated throughout the attendance area a priority list of surplus space and real property and provide for hearings of community input to the committee on acceptable uses of space and real property, including the sale or lease of surplus real property for child care development purposes pursuant to Section 17458.

(d)

(4) Make a final determination of limits of tolerance of use of space and real property.

(e)

(5) Forward to the district governing board of the school district a report recommending uses of surplus space and real property.
(b) A school district advisory committee created pursuant to subdivision (b) of Section 17388 to advise the governing board of a school district regarding closure of a school, shall be involved in the factfinding necessary for an informal recommendation regarding the school closure. These duties may include, but are not limited to, consideration of school district enrollment projections, the capacity and condition of existing facilities, uniqueness of educational programs, environmental and safety concerns, projected cost savings, housing and transportation options for displaced pupils, and transition strategies.

SEC. 2.SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.