Article 6 - Modernization Eligibility Determination

California Education Code — §§ 17073.10-17073.25

Sections (5)

Added by Stats. 1998, Ch. 407, Sec. 4. Effective August 27, 1998.

Each school district that desires to receive an apportionment for modernization under this chapter shall submit an application in a form, and in the number of copies, that the board may require.

Amended by Stats. 2024, Ch. 81, Sec. 12. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.

(a)A school district is eligible to receive an apportionment for the modernization of a permanent school building that is more than 25 years old or a portable classroom that is at least 20 years old. A school district is eligible to receive an additional apportionment for the modernization of a permanent school building every 25 years after the date of the previous apportionment or a portable classroom every 20 years after the previous apportionment.
(b)(1) Notwithstanding subdivision (a), a school district that has a school facility located on a military installation that is the recipient of a federal grant for facilities

modernization that requires a local matching share is eligible to receive an apportionment for the modernization of a permanent or portable building that is at least 10 years old, or is at least 10 years old after the date of the previous modernization apportionment under this chapter.

(2)Portable buildings modernized pursuant to paragraph (1) shall be replaced with a permanent structure.

Added by Stats. 2024, Ch. 81, Sec. 13. (AB 247) Effective July 3, 2024. Operative November 6, 2024, pursuant to Sec. 30 of Ch. 81.

(a)A school district eligible for funding pursuant to this article may receive a supplemental grant for either of the following:
(1)Expanding an existing gymnasium, multipurpose room, library, or school kitchen, if the facility is 60 percent or less than the department’s recommended size needed to serve the enrollment of the school.
(2)Constructing a new gymnasium, multipurpose room, library, or school kitchen if the site is lacking one or more of the specified facilities.
(b)A site may receive a supplemental grant for only one project described

in subdivision (a).

(c)(1) A school district eligible for a modernization apportionment may also receive a supplemental grant for either of the following:

(A) Retrofitting an existing school facility to adequately house transitional kindergarten pupils.

(B) Constructing new transitional kindergarten classrooms if the site is lacking sufficient school facilities to house transitional kindergarten pupils.

(2)A school district that receives a supplemental grant to house transitional kindergarten pupils pursuant to paragraph (1) shall meet the requirements of subparagraphs (A) and (B) of paragraph (5) of subdivision (b) of, paragraphs (2) and (3) of

subdivision (f) of, and subdivision (g) of, Section 17375.

(d)The funding provided under this section shall be in addition to any other funding provided pursuant to this article.
(e)The board, in consultation with the Superintendent, shall develop regulations

implementing this section.

Amended by Stats. 2003, Ch. 587, Sec. 2. Effective January 1, 2004.

Funding may be approved for the modernization of any permanent school building that is more than 25 years old, or any portable classroom that is more than 20 years old, as described in Section 17071.30.

Amended by Stats. 2003, Ch. 62, Sec. 35. Effective January 1, 2004.

(a)Notwithstanding any provision of law to the contrary, the State Department of Education is eligible for modernization grants pursuant to this article for facilities of the California School for the Deaf (Chapter 1 (commencing with Section 59000) of Part 32) and the California School for the Blind (Chapter 2 (commencing with Section 59100) of Part 32).
(b)The department is eligible for per-pupil funding under this article to the same extent and in the same manner as a school district, except that the hardship provisions do not apply. However, notwithstanding the 60 percent maximum funding for modernization projects, as set forth in Section 17074.16, the project shall be funded at 100 percent of the project costs, subject to per-pupil eligibility.
(c)The board shall establish a process specifically tailored to consideration of the unique aspects of applications presented by the department pursuant to this section.
(d)This section applies only to projects for expenditure of the proceeds of state bonds approved by the voters after January 1, 2002.