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AAV of the School Facilities Workshop Presentation

Kathleen Moore, Director

December 8, 2006, Sacramento
December 13, 2006, Bakersfield
December 14, 2006, Los Angeles

Slides:

1. Overview

• Introductions
• General California Department of Education updates
• Role of the California Department of Education
• Physical Education Planning
• Small School Site Planning
• Contingent Site Approvals
• Preliminary Plans
• Career Technical Education
• Legislative Updates

2. Department of Education

• Election Results
• Announces a New Century - Vision for Middle Grades
• Announces $550 million Available for After School Programs
• Announces Education Technology Funds Available, Education Technology K-12 Voucher

3. 2006 Budget Act and Related Legislation

• 2006 Budget Act
• Senate Bill 1131 Budget Trailer Bill
• Senate Bill 1133 - California Teachers Association and O'Connell versus Schwarzenegger settlement agreement

4. Budget Act

• Arts, Music and Physical Education Equipment Grants - $500 million
• Preschool Facilities - $50 million
• Career Technical Education Equipment - $40 million
• School Gardens - $15 million
• Education Budget
• Available Funding

5. Senate Bill 1133

• Quality Education Investment Act (QEIA)
• Deciles 1 and 2 Schools - 2005 API
• One Program Component - Expanded Class Size Reduction
• 2007-08 Accountability Targets Not Required
  • Funding can be used for facilities in 2007-08

6. Physical Education (PE) Planning

7. Healthy Children

A Nation at Risk

"If childhood obesity continues to increase, it...could cause our current generation of children to become the first in American history to live shorter lives than their parents."

American Heart Association, 2005

8. Healthy Children Ready to Learn

"Physical health affects learning and schools have a role to play in developing lifelong habits of nutrition and fitness. It is time to support a culture of health and fitness in our schools."

2005 State of Education address by
Superintendent of Public Instruction Jack O'Connell

9. Other Famous Americans

• "Physical fitness is not only one of the most important keys to a healthy body, it is the basis of dynamic and creative intellectual activity."
• "Exercise and recreation are as necessary as reading: I will say rather more necessary, because health is worth more than learning."
• "As P.E. goes, so goes the school."

10. Research Findings

Increased levels of physical fitness are associated with higher achievement in both reading and mathematics.

• National Association for Sport and Physical Education (NASPE). Benefits of Vigorous Physical Activity through Physical Education.
• California Department of Education, "State Study Proves Physically Fit Kids Perform Better Academically," Sacramento, CA 2002

11. Research Findings (continued)

Healthy, active, and well-nourished children and youths are more likely to attend school and are more prepared and motivated to learn.

• Center on Hunger, Poverty, and Nutrition Policy. The Link Between Nutrition and Cognitive Development in Children, Policy Statement. Medford, MA: Tufts University School of Nutrition Science and Policy, 1994.

12. The Fitness Record

• In 2006, 28% of California students achieved the fitness standards for all six areas of the test.
• Only 58% met the targeted performance standard for aerobic capacity.

California Physical Fitness Testing 2005-2006. A report to the Governor and California Legislature as required by California Education Code Section 60800(c). California Department of Education, 2005.

13. Legal Requirements

• Elementary School - California Education Code Section 51223 requires 200 minutes every 10 days.
• Middle and High School - California Education Code sections 51220 and 51222 requires 400 minutes every 10 days
  • Boards may now exempt students from two years - but not after July 1, 2007
  • Must officer physical education "elective" courses

14. Legal Requirements (continued)

• California Code of Regulations, Title 5 (Title 5)
  • Section 14010(b) "If a school site is less than the recommended acreage required in this section, the district shall demonstrate how students will be provided an adequate educational program including physical education as described in the district's course of study."

15. California Department of Education Policy

• For sites that will be 70% or less of the California Department of Education (CDE) standard acreage, provide the physical education justification
  • Board-adopted course of study
  • Site plan with teaching stations
  • Schedule of classes, teaching areas, and minutes
• Applies to new school sites and building additions

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16. Middle and High School PE Curriculum Standards

• Rhythms and dance
• Combatives
• Gymnastics and tumbling
• Individual and dual sports
• Team sports
• Body mechanics
• Effects of physical activity on dynamic health
• Aquatics

17. Facilities Planning - Today

18. Facilities Planning - Post July 2007

19. Teaching Station Examples

• 4 basketball courts
• 10 or 20 tennis courts
• 2 soccer fields
• 2 softball diamonds
• 1 pool
• 1 gymnasium (2 teaching stations)
• 1 aerobics, dance and wrestling room
• 1 oversized standard classroom

20. 9 Teaching Stations

This slide is an example of a high school site plan outlining 9 teaching stations for physical education. The 9 teaching stations illustrated are four fields, ten tennis courts, four basketball courts, one swimming pool, main gymnasium, and an auxiliary gymnasium.

21. 17 Teaching Stations

This slide is an example of a high school site plan outlining 17 teaching stations for physical education. The 17 teaching stations illustrated are eight fields, ten tennis courts, eight basketball courts, one swimming pool, main gymnasium, physical education classroom, group exercise classroom, weight room, and auxiliary gymnasium.

22. Class Schedule Example

23. State Board of Education K-8 Physical Education Framework

• Standard 1: Motor skills and movement patterns
• Standard 2: Movement principles and strategies for learning and performing physical activities
• Standard 3: Assessment and maintenance of physical fitness
• Standard 4: Physical fitness principles and strategies to improve health and performance
• Standard 5: Psychological and sociological concepts for learning and performance of physical activity

24. Number of Class Sections

• Identify the number of physical education classes needed
  • Classes can exceed enrollment of 20 pupils and still meet Class Size Reduction requirements
  • Opportunities for collaboration
  • Physical education specialists as release teachers

25. Number of Physical Education Sections Needed

Primary Grades

Secondary Grades

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26. Class Times

• Create class time blocks
  • Times may vary based on scheduling
    • 20 minutes five days a week
    • 50 minutes twice a week
    • 40 minutes twice the first week and three times the second
  • Add five minutes of set-up and transition time

27. Availability of Teaching Areas

• Identify available teaching stations
  • Block out times not available
    • Recess
    • Lunch
    • Band
    • Student pick-up
    • Home room period

28. 4 Teaching Stations

A conceptual drawing of an elementary school site plan illustrating Building A classrooms, Building B classrooms, Building C classrooms, multipurpose room, administration/library building, kindergarten, one play field, two blacktop areas, and bus drop off.

29. Sample Elementary School Schedule I

30. 6 Teaching Stations

A conceptual drawing of an elementary school site plan illustrating Building A classrooms, Building B classrooms, Building C classrooms, kindergarten, administration/library building, two play fields, three blacktop areas, and a multipurpose room.

31. Sample Elementary School Schedule II

32. Resources and Contacts

• Physical Education Model Content Standards for California Public Schools Kindergarten Through Grade 12 (PDF; 2 MB)
• School Facilities Planning Division (SFPD)
  • School Site Selection and Approval Guide
  • Guide to School Site Analysis and Development, 2000 Edition
  • Educational Specifications
  • Field Representative contact information

33. Small School Site Policy - Effective January 1, 2007

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34. Site Size Requirements

• Title 5 Section 14030(a) requires sites as specified in:
  • Guide to School Site Analysis and Development, 2000 Edition
• Recommendations for physical education, buildings and grounds, and parking and roads

35. Site Size Requirements (continued)

• Title 5 Section 14010(b), site may be less if:
  • Lack of available land
    • Eminent domain
    • Busing
  • Not economically feasible to mitigate safety hazards

36. Small School Sites

• A "small school site" is a site that is equal to or less than 50% of the CDE recommended site size
• If a site is equal to or less than 50% of the CDE recommended acres:
  • Local educational agency (LEA) must comply with Small School Site Policy requirements
• If a site is equal to or less than 70% of the CDE recommended acres:
  • LEA documents how an adequate physical education program can be conducted

37. Reasons for the Policy

• Some LEAs have limited options for school sites
  • Urban
  • Wetlands
  • Existing "landlocked" schools
• Recognition of the specialized programs offered in alternative schools of choice.
• Provides LEA and CDE with a structure to analyze small sites.

38. School Sites Subject to the Policy

• New schools proposed on sites equal to or less than 50% of the CDE recommended site size
• Land additions to existing schools if additional capacity added
• Building additions to schools that increase capacity and make site less than or equal to 50%

39. School Sites Subject to the Policy (continued)

• Exceptions
  • Schools with alternative educational programs
    • Education Code sections 58500-58512 - magnet schools, etc.

40. Small School Site Requirements

• Meet Title 5 classroom size standards
• Provide minimum essential facilities (gym, library, multipurpose room) as specified by grade span and policy
• Provide physical education plan
• Not exceed maximum density

41. Small School Site Process

• Complete educational specifications
• Complete small school site worksheet
• Prepare conceptual site plan
• CDE initial site review
• Update worksheet at site and plan submission

42. What are Educational Specifications?

• Links the program need to the facility design
  • If the project offers an alternative educational program, the educational specifications must define the alternative program and how it differs from the LEA's "standard" program

43. Conceptual Site Plan

• How will the site work?
• Rough estimates of:
  • Building pad area
  • Field and hardcourt
  • Parking

44. Conceptual Site Plan (continued)

A conceptual site plan of a middle school with an enrollment of 725 students on 4.0 usable acres. The plan illustrates the school building on .92 acres, hardcourt area on 2.08 acres, turf play area on 1 acre and the entrance to the underground parking area with a small landscape area.

45. Small School Site Worksheet

• Identifies acre "credits" for multistory construction
• Recognizes joint-use opportunities
  • Must meet Title 5 standards
  • Safe path of travel
  • Consider Field Act implications
• Calculates maximum capacity of the site

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46. Sample of a Small School Site Worksheet

47. Small School Site Worksheet (continued)

• If by applying credits, the "adjusted" site size does not exceed 50%:
  • Provide minimum classroom size specified in Title 5
    • Standard classroom - 960 square feet
    • Kindergarten classroom - 1,350 square feet
    • Specialized classroom as provided in Title 5
  • Provide minimum essential facilities
    • Gym
    • Library
    • Multipurpose room
    • See policy for specifics by grade level

48. Small School Site Worksheet (continued )

• If by applying credits, the "adjusted" site size exceeds 50%:
  • Not subject to the provisions of the policy
  • Must still document the ability to provide physical education

49. Overview of the Review Process

A flow chart of the review process

1. LEA identifies and evaluates potential sites and/or construction on or expansion of existing school site.
2. LEA discusses small school site with CDE through site review process and/or preliminary plan review.
3. If subject to the Small School Site Policy, LEA submits Small School Site Worksheet.
4. Based on the Worksheet, total site acres is more than 50% of CDE recommended site size then proceed as normal with site/plan review process
   or
   Based on the Worksheet, total site acres is less than or equal to 50% of CDE recommended site size. then project must comply with policy provisions unless it qualifies for specific exemptions as identified in the policy.

50. Keys to Small Site Approval

• Early involvement of the CDE field representative
  • Documentation as to why a site is proposed to be undersized
    • See Title 5 Section 14010(a)
  • Small School Site Worksheet
  • Educational Specifications
  • Conceptual site plan
• Evaluation of the programmatic and architectural constraints of the site and how to overcome them
• Frequent involvement of the CDE field representative

51. Resources

• SFPD Web site
  • School Site Selection and Approval Guide
  • Guide to School Site Analysis and Development, 2000 Edition
  • Educational Specifications: Linking Design of School Facilities to Educational Program, 1997
  • Field representative contact information

52. Guidance for School Site Power Line Setback Exemption Requests

53. Title 5 Section 14010(c) School Site Standards

• The property line of the site (even if in a joint-use agreement) shall be at least the following distance from the edge of the power line easement:
  • 100 feet for 50-133kV line
  • 150 feet for 220-230kV line
  • 350 feet for 500-550 kV line

54. Exemption Requests

• Per Title 5 Section 14010(u)
  The State Superintendent, (via the CDE), may grant exemptions to any of the standards if the LEA can demonstrate that mitigation of specific circumstances overrides a standards without compromising a safe and supportive school environment.
• CDE recognizes that some LEAs are faced with limited new site choices and strict adherence to the transmission line setbacks may necessitate seeking sites closer to other more certain and quantifiable hazards, or that require extensive busing, or have other complications

55. Brief Background

• CDE updated a Power Line Exemption Protocol in July 2004 to help process setback exemptions
• LEAs, consultants, and utility companies requested better guidance in implementing the 2004 Protocol
• In 2005-06, a Workgroup of experts assisted CDE in considering appropriate changes (New Guidance) recognizing the latest in scientific research, utility regulatory agency actions, and health agency information on electromagnetic fields (EMF)
• CDE may also process more comprehensive Title 5 amendments at a later time

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56. EMF Workgroup

• CDE, SFPD
• California Public Utilities Commission
• California Department of Health Services
• Division of the State Architect
• Several school districts
• Several EMF consultants
• Several utility companies
• University of California, Los Angeles School of Public Health, Department of Epidemiology
• Other health advocates
• Coalition for Adequate School Housing

57. Workgroup Conclusions

• CDE setbacks are still based upon prudent avoidance of EMF from transmission lines
• Setback distances are generally based upon the utility data showing the drop-off curve of magnetic field strength to typical background levels
• There is still scientific uncertainty whether there is a significant verifiable relationship between EMF exposure and negative health consequences
• There are no safe or unsafe EMF exposure levels or setback distances set by federal or California health regulatory agencies
• The Public Utilities Commission recently reaffirmed its policy of only no/low-cost EMF reduction mitigation measures for new transmission lines (no maximum EMF standard)

58. CDE Proposed Guidance

• CDE's recommended guidance and procedures have been developed as a reasonable approach to preparing and reviewing setback exemption requests
• This Guidance is based upon CDE consideration of recent scientific literature and input from experts and regulatory agencies in power lines, EMF, and health
• It is advisory only, compliance is not required by regulation
• Exemption requests using other methods demonstrating compliance with the exemption provisions of Title 5 Section 14010(u) may be submitted and be subject to outside agency review at CDE's discretion

59. Underground Power Lines

• For existing underground transmission lines (without an exemption request) or transmission lines proposed to be underground (as part of an exemption request) the setback is reduced to 25% of that for overhead lines listed in Title 5
• Underground Transmission Line Setbacks
  • 25 feet for 50-133 kV line (interpreted up to <200kV)
  • 37.5 feet for 220-230 kV line
  • 87.5 feet for 500-550kV line

60. Point of Setback Measurement

• On a case-by-case exemption request basis, CDE may measure the setback from the ground level of the closest or highest kilo-voltage transmission line (whichever creates the largest setback onto the site) instead of from the edge of easement (CDE will not approve school site uses in the actual power line easement)
• These exemption requests must demonstrate with the Utility's plans that it is extremely unlikely that there will be new/relocated lines placed closer to the site (unless utility company data shows those planned lines would reduce EMF)

61. Setback from Transmission Line vs. Easement

A conceptual drawing of a school site illustrating the easement, the exemption and unusable portion of the school site.

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62. Limited Activity Use Exemption

• Exemption requests for limited uses within the setback will first explain to CDE's satisfaction why the setback encroachment is necessary and how this site compares with other site options (other Title 5 safety/hazard issues, costs, complications, etc.)
• CDE recommends that this justification be satisfied prior to submitting Form SFPD 4.01 site approval documents
• After justification is ok'd by CDE, limited uses will be allowed in the setback if committed to in writing by the LEA in a Title 5 exemption request via a site approval request letter, on Form SFPD 4.02, and with limited use area setbacks designated on all future plan submittals.

63. Limited Activity Use Exemption (continued)

• Uses allowed within the setback with a limited use exemption approval:
  1. staff, visitor, student, and joint-use parking
  2. bus and parent drop-off/loading
  3. driveways, access roads, sidewalks
  4. internal vehicular circulation and fire lanes
  5. landscaping (excluding play and activity fields)
  6. gross acres that are unusable for school purposes
  7. other such similar limited activity uses as determined by CDE on a case-by-case basis, including but not limited to support facilities and plan operations such as warehouses, boiler rooms, etc. that would have occupancy for only infrequent and limited periods of time
• CDE will not approve school uses in the actual power easement

64. Unrestricted Uses (50,200kV)

• For unrestricted uses within the setback for only 50 to under 200 kV lines, after justifying to CDE's satisfaction why the setback encroachment is necessary, submit to CDE:
  • A Field Management Plan (FMP), prepared by a competent professional chosen by the LEA, that will identify and evaluate options including:

65: Field Management Plan

1. A site plan layout, including buffer zones and placement of limited activity and lower intensity uses closer to the power lines, that aims for reduction of transmission line EMF exposure to staff and pupils
2. Implementation of feasible low and no costs measures that aim for reduction in the transmission line(s) EMF levels (e.g. , increasing pole height, optimal circuit phasing for multiple circuit lines, use of compact pole top designs, and alternative placement of transmission lines, etc.)
   
   (The LEA may elect to conduct field measurements on the site in order to identify other candidate sources of EMF, such as distribution lines, for consideration of opportunities for low and no cost reduction or avoidance measures)

66. Field Management Plan (continued)

3. An LEA commitment that design plans shall incorporate as feasible other EMF best practices or checklist of actions as provided by agencies such as the California Department of Health Services, the Division of the State Architect, and electric utilities, that should include but is not limited to addressing under the appropriate regulatory oversight:
   
   Location of distribution lines and internal electrical cables, transformers, and electric service panes; key classrooms with electrical equipment and appliances (such as computers); electrical system and plumbing plans to reduce net currents, use of ground fault interrupters; and audit/quality assurance procedures for compliance with applicable electrical codes such as detection of net currents

67. Field Management Plan (continued)

• The LEA's consultant should contact the electric utility early in the process of preparing the FMP
• The FMP should contain information regarding any known utility plans and whether existing transmission lines are in compliance with the California Public Utilities Commission Order 95 - 'Rules for Overhead Electric Line Construction'
• CDE may refer the FMP to other agencies or consultants for their input on the adequacy of the plan
• LEAs may, but are not required to, submit the FMP for CDE review prior to making it available for LEA public review and board hearing

68. LEA Certification

The LEA exemption request to CDE for unrestricted uses should contain certification that:

1. The exemption request and FMP has (or will be, prior to CDE granting the exemption) been made available for public review and considered at an LEA governing board public hearing (need not be conducted exclusively on the exemption issue, could be, but is not limited to hearings for Education Code Section 17211, California Environmental Quality Act or other separate hearing)
2. Identifies measures accepted by the LEA from those recommended in the FMP

69. LEA Certification (continued)

3. That any LEA accepted FMP measures shall be implemented prior to occupancy of the affected areas
4. That future activities and projects on the site shall be consistent with the FMP, until such time as conditions change eliminating the necessity of the FMP as determined by CDE

70. Existing Schools Within Setbacks

• The CDE Guidance may be applicable for proposed new construction or modernization projects within existing transmission line setbacks on existing school sites that are not required to obtain a new CDE site approval
• CDE may request additional LEA documentation as part of the Form SFPD 4.07/4.08 Plan Submission certification of not creating nor significantly exacerbating an existing safety hazard related to transmission lines
• CDE does not typically verify certification unless we are made aware of a hazard or non-compliance complaint
• LEAs may utilize the Guidance in order to certify on the 4.07/4.08, with the exception that they would not be requesting a Title 5 exemption request

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71. Effective Date and Contact Information

• CDEs Power Line Setback Exemption Guidance became effective May 2006
• For further information, please contact the SFPD county-assigned field representative or Michael O'Neill, Consultant at 916-322-1463

72. Contingent Site Approval

73. Contingent Site Approval

• Allows advance site acquisition and estimated Department of Toxic Substances Control (DTSC) - required cleanup funding without final DTSC clearance or CDE final site and plan approval or Division of State Architect (DSA) plan approval
  • Education Code Section 17072.13
  • State Allocation Board Regulations sections 1859.75 and 1859.81

74. Eligible Projects

• Financial Hardship LEA's
  • As determined by the Office of Public School Construction (OPSC)
• Environmental Hardship Projects
  • DTSC has determined that a Response Action (cleanup) will take at least six months to prepare and implement
• Charter Schools
  • Preliminary apportionment per Education Code sections 17078.53 and 17078.53 and State Allocation Board Regulations sections 1859.163 et.seq.

75. CDE Required Documents

• LEA's contingent request letter, noting valid OPSC financial hardship status or environmental hardship or charter school
• All Form SFPD 4.01 items are required, except:
  • Form SFPD 4.03 certification
  • Final DTSC clearance determination
    • Environmental hardships must submit a DTSC Preliminary Endangerment Assessment (PEA) approval letter stating that a Response Action is estimated to take at least six months to prepare and implement
    • For financial hardships and charters, CDE recommends prior DTSC review of a Phase I for contingent requests
  • Board adopted determinations/findings (must submit drafts, studies, and documentation that satisfactorily address these issues - e.g., 1/4 mile, waste site, etc.)

76. Required Documents (continued)

• "Best Available Alternative Site"
  • Per Education Code Section 17072.13 and/or SAB Regulations:
    • For all contingent approvals CDE must determine that the proposed site is the "best available site"
    • For environmental hardship projects, CDE's "best" determination shall be based upon the following in relation to other available sites:
      • total project costs, including the response action
      • desirability considering site proximity to students and suitability to meet educational and safety needs
      • time required to complete the project in relation to projected need
• CDE will consider Form SFPD 4.0 site review rankings, financial cost/benefit analysis of the DTSC required response action, and other LEA information provided

77. Environmental Hardship Projects

• Per Education Code Section 17213.1(a)(10), if a DTSC Response Action is required, the LEA shall prepare:
  • a financial analysis that estimates costs of the response action,
  • an assessment of benefits using the site compared to alternative sites,
  • an evaluation of the suitability in light of other CDE recommended alternatives, and
  • obtain CDE approval that the site meets school site selection standards in Title 5 (i.e., contingent approval)

78. Final CDE Approval How and When?

• Contingent site approval is valid for one year
  • One-year renewals based upon LEA request and progress toward acquisition, DTSC cleanup, etc.
• Final site approval
  • Submit all remaining Form SFPD 4.01 items

79. Preliminary Plans

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80. Preliminary Plans

• Required by Title 5 Section 14031(a)
• Use Form SFPD 4.07 for new construction projects
• Use Form SFPD 4.08 for modernization projects

81. Requirements

• Plans at 50% drawings
  • Floor plans
  • Elevations
  • Site plans
• See Forms SFPD 4.07 and SFPD 4.08 for specific submission information

82. Preliminary Review Letter

• Required changes
  • "The district shall increase the size of classrooms to 960 square feet or provide written description of how the district's educational program can be delivered in a classroom of less than 960 square feet" (Title 5 Section 14030(g))
  • "A barrier such as a fence or curb must be placed in parking Lot A to separate visitor parking and the parent drop off area" (Title 5 Section 14030(b)(4))
  • Includes references to Title 5

83. Preliminary Review Letter (continued)

• Suggested changes
  • Best practices
    • "Additional drinking fountains are recommended on the exterior west wall of Building B to allow students in physical education to have more access to water."
  • SFPD experiences
    • "Covers are recommended on the roof access ladders to deter access."
  • Does not include a reference to Title 5

84. Preliminary Review Letter (continued)

• SFPD field representative will follow-up with the LEA to ensure there is a common understanding of the requirements

85. Preliminary Approval

• The "re-use" of a plan is not to be presumed to have already been a preliminary approval
  • Site constraints
  • Program changes
  • Code and regulation changes

86. Changes

• Changes in plans and/or site between preliminary and final review may require additional changes during the final review
  • Site access changes
  • Setbacks and other constrains identified in site approval

87. Benefits

• LEA responds to comments early in design
• New school projects have been approved two weeks sooner when preliminary plans were previously reviewed

88. Resources and Contacts

• Form SFPD 4.07 Plan Submission Requirements for New Construction Projects
• Form SFPD 4.08 Plan Submission Requirements for Modernization Projects
• Contact the SFPD county-assigned field representative
• SFPD's Web site

89. Career Technical Education Facilities Program

90. Career Technical Education

• A program of study that involves a multiyear sequence of courses that integrates core academic knowledge with technical and occupational knowledge to provide students with a pathway to post-secondary education and careers.

91. Education Code Section 51220(i):

Career Technical Education - "designed for the purpose of preparing youth for gainful employment in the occupations and in the numbers that are appropriate to the personnel needs of the state and community served..."

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92. Career Technical Education 15 Industry Sectors

1. Agriculture and Natural Resources
2. Arts, Media, and Entertainment
3. Building Trades and Construction
4. Education, Child Development, and Family Services
5. Energy and Utilities
6. Engineering and Design
7. Fashion and Interior Design
8. Finance and Business
9. Health Science and Medical Technology
10. Hospitality, Tourism, and Recreation
11. Information Technology
12. Manufacturing and Product Development
13. Marketing, Sales and Service
14. Public Services
15. Transportation

93. Need for Career Technical Education Facilities

• 2003 CDE Statewide Needs Assessment
  • General conclusion - widespread needs for equipment and facility upgrades
• Legislature and Governor placed Proposition 1D on ballot
• Assembly Bill 127, Article 13 creates $500 million funding for the Career Technical Education Facilities Program

94. Assembly Bill 127 Requires CDE to:

• Education Code Section 17078.72(b) requires CDE to develop criteria and pupil outcome measures to evaluate the program in cooperation with the Chancellor's Office, the Labor and Workforce Development Agency, and industry groups

95. Career Technical Education (CTE) Projects Eligible Under Assembly Bill 127

• New construction projects - comprehensive high schools
  • Education Code sections 51224, 51225.3, and 51228
• Modernization/reconfigurations - comprehensive high schools and Joint Power Authorities currently operating CTE programs

96. CTE Application Requirements

• CDE will review the educational program of proposed projects
• LEA must demonstrate educational purpose and value of project as required under Assembly Bill 127

97. CTE Plan Requirements

• Subsequently, CDE will review facilities and space requirements of the proposed project for consistency with both Title 5 standards and the CTE educational specifications

98. Seven Elements Being Considered for Application Approval

1. Comprehensive CTE plan*
2. Pupil enrollment projections*
3. Feeder school identification*
4. Accountability plan*
5. Educational specifications
6. Budget justification
7. Unique conditions

*Directly in Assembly Bill 127

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99. Comprehensive CTE Plan

• Rationale for space requested
• Equipment needs
• Membership of Advisory Committee
• Description of high-demand industry sector and needs for qualified employees in the region

100. Pupil Enrollment Projections

• Method used to project student enrollments
• Total number of pupils expected to use CTE program

101. Feeder School Identification

Identify those that participate in the development of CTE plan including:

• Feeder schools
• Students, parents, and counselors
• ROPs
• Industry partners
• Community colleges
• Other post secondary schools

102. Accountability Plan

• Describe the school's commitment to accountability for CTE student outcomes and participation

103. Educational Specifications

• Provide educational specifications and schematic drawing

104. Budget Details

• Cost of new construction or modernization/reconfiguration
• Equipment requirements
• Financial partnerships with industry

105. Unique Conditions

• May include rural or isolated schools, unique partnership arrangements, unique costs and expenses, unique facility needs/design

106. Timeline

• 10/06/06 - Implementation Committee
• 10/23/06 - Stakeholders Meeting
• 11/07/06 - Vote on Proposition 1D
• 11/13/06 - Stakeholders Meeting
• 11/30/06 - Implementation Committee
• 12/01/06 - Implementation Committee
• 01/04/07 - Implementation Committee
• January/February 2007 - State Allocation Board
  • tentative
• 04/19/07 - Regulations by

107. Legislation Update

108. Chaptered Legislation of Interest

Senate Bill 1133 - Quality Education Investment

Adds Education Code Section 41207.1 authorizing nearly $3 billion in new funding which includes opportunity for expansion of class size reduction (CSR) to upper grades for 2005 decile one and two schools, may use funding for facilities as necessary for CSR during first year of funding (2007-08)

Senate Bill 1324 - Department of Housing (DOH) Relocatable Buildings

Amends Education Code Section 17292, extends deadline for use of DOH trailers for classrooms to October 31, 2015, requires certain compliance certification to the Division of State Architect

109. Legislation (continued)

Senate Bill 1425 - Sale of Surplus Property

Changes Education Code Section 17462 regarding restrictions for deposition of sale proceeds into the general fund, one-time expenditures, etc.

Senate Bill 1535 - Notice of Determination Fees

Amends Fish and Game Code Section 711, increases fees for filing California Environmental Quality Act (CEQA) Notices of Determination (NOD) for Environmental Impact Reports (EIRs) and negative declarations with the County Clerk, fee exemptions will still apply to categorically exempt projects and those with "no effect" on fish and wildlife rather than the previous "de minimus" impact statement

110. Legislation (continued)

Senate Bill 1814 - Master Environmental Impact Reports

Amends Public Resources Code Section 21157, states that a master EIR may be prepared for a school district project that complies with the State School Facilities Program requirements

Assembly Bill 607 - Emergency Repair Account

Amends various Education Code sections, specifies funds to be available as grants rather than only reimbursement, various provisions for use of grants, County Office of Education (COE) reporting and auditing, and for repaying via installments, those funds not expended

111. Legislation (continued)

Assembly Bill 1144 - Playground Safety

Repeals laws governing safety standards as of January 1, 2008. Playgrounds installed between January 1, 1994 through December 31, 1999, must conform to American Society for Testing and Materials (ASTM) and Consumer Product Safety Commission standards not later than 15 years after installed (all new, modifications, or replacements shall conform). No state funding shall be available for planning, development, or redevelopment of playgrounds unless they conform with the standards.

112. Legislation (continued)

Assembly Bill 1535 - School Instructional Gardens

Amends Education Code sections 51795 et.seq, reappropriates $15 million to make grants and technical assistance available to LEAs. State Superintendent shall convene an interagency working group for advice, LEAs may apply for 3 year $2,500 grant per site ($5,000 if >1,000 pupils/site) to develop/maintain instructional gardens, also permits grants from 2006-07 to 2008-09 for equipment or supplies without having to receive a grant for professional development

113. Legislation (continued)

Assembly Bill 2419 - Career Technical facilities

Adds Education Code Section 17070.955, requires as a condition of receiving State Construction/Modernization funding that the LEA's Career Technical Advisory Committee must submit written confirmation with the application stating that the need for career technical facilities is being adequately met

114. Legislation (continued)

Assembly Bill 2751 - Developer Fees

Amends Government Code Section 66001, stating that fees shall not include costs attributable to "existing deficiencies" in facilities, but may include costs attributable to increased demand related to development in order to "refurbish" facilities to maintain existing level of service

Assembly Bill 2947 - Special Education

Amends Education Code Section 17071.75, requires new construction eligibility to be reduced by pupils housed in facilities that the district or County Office of Education has relinquished title, including leases of less than five years, as a result of transfer of special education programs

115. Legislation (continued)

Assembly Bill 2951 - Capital Facilities Fees

Amends Government Code Section 54999.7 regarding determining fees charged by a public agency upon another public agency based upon reasonable costs as applicable to non-public users, but states that this code section specifically does not apply to imposition or increase of fees on school districts (these fees are still negotiated between the district and the public agency imposing the fees)

116. Conclusion

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117. Presenters Contact Information

Kathleen Moore, 916-445-2144

Fred Yeager, 916-327-7148

George Shaw, 805-692-9913

Liese Olukoya, 916-445-5657