Code Section Group

Education Code - EDC

TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Title 1 enacted by Stats. 1976, Ch. 1010. )

DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32500]

  ( Division 1 enacted by Stats. 1976, Ch. 1010. )

PART 10.5. SCHOOL FACILITIES [17210 - 17653]

  ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. )

CHAPTER 3. Construction of School Buildings [17251 - 17374]

  ( Chapter 3 added by Stats. 1996, Ch. 277, Sec. 3. )

ARTICLE 1. State Department of Education: Powers and Duties [17251 - 17256]
  ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

17251.
  

The department shall:

(a) Upon the request of the governing board of a school district, advise the governing board of the school district on the acquisition of new schoolsites and, after a review of available plots, give the governing board of the school district in writing a list of the recommended locations in the order of their merit, considering especially the matters of educational merit, safety, reduction of traffic hazards, and conformity to the land use element in the general plan of the city, county, or city and county having jurisdiction. The governing board of the school district may purchase a site deemed unsuitable for school purposes by the department only after reviewing the report of the department on proposed sites at a public hearing. The department shall charge the school district a reasonable fee for each schoolsite reviewed not to exceed the actual administrative costs incurred for that purpose.

(b) Develop standards for use by a school district in the selection of schoolsites, in accordance with the objectives set forth in subdivision (a). The department shall investigate complaints of noncompliance with site selection standards, and shall notify the governing board of the school district of the results of the investigation. If that notification is received before the acquisition of the site, the governing board of the school district shall discuss the findings of the investigation in a public hearing.

(c) Establish standards for use by school districts to ensure that the design and construction of school facilities are educationally appropriate, promote school safety, and provide school districts with flexibility in designing instructional facilities.

(d) Upon the request of the governing board of a school district, review plans and specifications for school buildings in the school district. The department shall charge the governing board of a school district, for the review of plans and specifications, a reasonable fee not to exceed the actual administrative costs incurred for that purpose.

(e) Upon the request of the governing board of a school district, make a survey of the building needs of the school district, advise the governing board of the school district concerning the building needs, and suggest plans for financing a building program to meet the needs. The department shall charge the school district, for the cost of the survey, a reasonable fee not to exceed the actual administrative costs incurred for that purpose.

(f) Provide information relating to the impact or potential impact upon a schoolsite of hazardous substances, solid waste, safety, hazardous air emissions, and other information as the department may deem appropriate.

(g) (1) Develop strategies to assist small school districts with technical assistance relating to school construction and the funding of school facilities. The strategies may include informing the districts of how to receive the approval required for school construction, including the requirements of the Division of the State Architect, and how to secure state funding, including from the state bond funds made available pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10).

(2) For purposes of this subdivision, “small school district” means a school district with fewer than 2,501 units of average daily attendance.

(Amended by Stats. 2017, Ch. 837, Sec. 2. (AB 203) Effective January 1, 2018.)

17251.5.
  

Notwithstanding any law, when using exclusively local funds for acquisition of a potential schoolsite, a school district is not required to receive final approval of a site by the State Department of Education prior to adopting a resolution of necessity in an eminent domain proceeding or prior to closing escrow on a site purchase through voluntary sale.

(Added by Stats. 2002, Ch. 33, Sec. 26. Effective April 29, 2002.)

17252.
  

All money collected by the State Department of Education under the provisions of this article shall be available for the use of the department pursuant to appropriations for any use that may from time to time be made by the Legislature.

(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

17253.
  

(a) The Legislature finds and declares the following:

(1) The Department of Water Resources, pursuant to Division 3 (commencing with Section 6000) of the Water Code, exercises regulatory control over dam safety in the State of California.

(2) The department approves all plans and specifications, certifies that any dam is safe to impound water, periodically inspects all dams for the continuing safety of all impounding structures, and may revoke any certification allowing impoundment of water if it is determined that the dam is a danger to life and property.

(b) If the Department of Water Resources has asserted and continues to exercise its regulatory control over the Domenigoni Valley Reservoir Project, the State Department of Education, when evaluating schoolsites, shall not require mitigation related to potential dam breach inundation of the Domenigoni Valley Reservoir Project.

(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

17254.
  

(a) On or before July 1, 2018, the department, the Division of the State Architect, and the Office of Public School Construction shall submit to the appropriate fiscal and policy committees of the Legislature a report that addresses the following relating to the construction of school facilities:

(1) The feasibility of using one application, or using a common application number, for all three entities.

(2) If those entities determine that both of the actions described in paragraph (1) are not feasible, how to otherwise reduce duplicative information being required of their applicants.

(3) The feasibility of using a common software for the submission of multiple applications and architectural plans.

(b) (1) The report required to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2022.

(Added by Stats. 2017, Ch. 837, Sec. 3. (AB 203) Effective January 1, 2018. Repealed as of January 1, 2022, by its own provisions.)

17255.
  

The Energy Resources Conservation and Development Commission shall, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, recommend best design practices that include energy efficiency measures for all new public schools. The practices and measures shall have as a goal incorporating energy efficiency design and technologies that would provide the greatest amount of energy efficiency savings within a cost recapture period of seven years. The commission may additionally recommend best design practices and measures that would be cost-effective taking into consideration life-cycle costs. The recommendations shall be reported to the Governor and the Legislature by October 1, 2003.

(Added by Stats. 2002, Ch. 498, Sec. 1. Effective January 1, 2003.)

17256.
  

The department and the Office of Public School Construction shall each develop regulations that provide local educational agencies with flexibility in the design of instructional facilities under this article and the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10) for consideration by the state board and the State Allocation Board. The regulations shall be consistent with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10), as it read on January 1, 2015.

(Added by Stats. 2017, Ch. 837, Sec. 4. (AB 203) Effective January 1, 2018.)

EDCEducation Code - EDC1.