2011 California Code
Education Code
TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 64100]
ARTICLE 7. Disposition of Records, Funds, Property, and Obligations When Reorganized
Section 35567

(a) This section shall be implemented only if the State Allocation Board determines that the Twin Rivers Unified School District has insufficient eligibility for a grant of funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 with which to complete the East Natomas Education Complex project as contracted by the Grant Joint Union High School District.

(b) Notwithstanding paragraph (1) of subdivision (b) of Section 17071.75 and related regulations regarding occupancy for purposes of determining eligibility for new construction funding, the Twin Rivers Unified School District may occupy a portion of the East Natomas Education Complex project without jeopardizing its future eligibility for funding, pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1, for purposes of constructing and completing the East Natomas Education Complex project. The occupancy exception set forth in this subdivision shall be limited to the number of classrooms necessary to house up to 1,000 pupils pursuant to Section 17071.25 within the footprint of the middle school as contracted by the Grant Joint Union High School District. The number of classrooms to be occupied and grade levels of pupils to be housed in the East Natomas Education Complex project pursuant to the occupancy exception authorized pursuant to this subdivision shall be specifically delineated and submitted to the State Allocation Board before the Twin Rivers Unified School District occupies any part of the East Natomas Education Complex.

(c) (1) Notwithstanding subdivision (b), eligibility for new construction funding for the East Natomas Education Complex project shall be subject to all other requirements of Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 and implementing regulations.

(2) Once the State Allocation Board determines that the Twin Rivers Unified School District has sufficient eligibility, and grants funds pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 with which to house up to 1,000 unhoused pupils within the middle school of the East Natomas Education Complex project as contracted by the Grant Joint Union High School District, the Twin Rivers Unified School District shall no longer be entitled to use the occupancy exception set forth in subdivision (b).

(d) If the Twin Rivers Unified School District calculates or recalculates, pursuant to subdivision (c) of Section 17071.10, its existing school building capacity on a districtwide basis, the district shall use its eligibility to complete construction of the East Natomas Education Complex project before submitting an application for other new construction projects in the school district. If the Twin Rivers Unified School District calculates or recalculates, pursuant to subdivision (c) of Section 17071.10, its existing school building capacity on the basis of high school attendance area, the district shall use its eligibility to complete construction of the East Natomas Education Complex project before submitting an application for other new construction projects in that attendance area.

(e) This section does not exempt the district s baseline eligibility from adjustment to reflect the additional classrooms generated by the project once the project is completed.

(f) The governing board of the Twin Rivers Unified School District may initiate nullification of the occupancy exception granted by this section by submitting a board resolution, adopted at a regularly scheduled meeting of the governing board and requesting that nullification, to the State Allocation Board. Upon receipt of this written notification by the State Allocation Board, the occupancy exception granted by this section shall be nullified.

(g) This section shall become inoperative on July 1, 2015, and, as of January 1, 2016, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2016, deletes or extends the dates on which it becomes inoperative and is repealed.

(Added by Stats. 2008, Ch. 652, Sec. 2. Effective September 30, 2008. Inoperative July 1, 2015. Repealed as of January 1, 2016, by its own provisions.)