Bill Text: CA SB572 | 2015-2016 | Regular Session | Amended

California Senate Bill 572 (Prior Session Legislation)

Bill Title: School facilities: school district advisory committee: use or disposition of school buildings: school closures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Died on file pursuant to Joint Rule 56. [SB572 Detail]

Download: California-2015-SB572-Amended.html

BILL NUMBER: SB 572	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2015
	AMENDED IN SENATE  APRIL 6, 2015

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 r  
egarding 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.
State-mandated 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.