Allowances
Cal. EDC § 17042
California Statutes
(
a) The board, by the adoption of rules, shall provide for the manner of determining the area of adequate school construction existing in an applicant school district at the time of application. Those rules shall define and provide for the method of determining building areas that are to be included in, in whole or in part, or to be excluded from, the area of existing adequate school construction. Any building to which
Article 3 (commencing with
Section 39140) of
Chapter of Part of Division of Title does not apply shall not be considered adequate school construction for the purpose of determining the maximum total building area per attendance unit. The board may make exceptions to the provisions of this section, or to the rules adopted pursuant thereto, if it determines that the exception or exceptions will be for the benefit of pupils affected. (
b) For the purposes of this chapter, the area of adequate school construction existing in an applicant school district does not include any of the following:
(1) Any portable classroom made available to the district under
Chapter 25 (commencing with
Section 17785).
(2) In any school operated on a year-round schedule, any building area that has been in continuous use during the preceding five-year period primarily for the operation of any preschool program or programs.
(3) Any building area, not to exceed the area that is equivalent to one classroom per schoolsite, used to provide support services pursuant to
Chapter 5 (commencing with
Section 8800) of Part or to provide integrated children’s services pursuant to
Section 18986.40 of the Welfare and Institutions Code. A school shall meet the definition of a “qualifying school” under paragraph (1) of subdivision (
h) of
Section to qualify for this exemption from the area of adequate school construction.
(4) Any classroom acquired or constructed and continuously used by the school district primarily for the purpose of reducing class size in kindergarten or in any of grades to 3, inclusive, pursuant to the school district’s participation in the Class Size Reduction Program contained in
Chapter 6.10 (commencing with
Section 52120) of
Part 28.
(5) Any classroom acquired or constructed for the purpose of operating a community day school pursuant to
Section 48660, if the classroom is not located on a regular elementary, middle, junior high, or senior high school site. (
c) The board may make exceptions to this section, or to the rules adopted pursuant thereto, if it determines that the exception or exceptions will be for the benefit of pupils affected.