Section 16042 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 6. >> Article 1.
16042
. In addition to any powers granted the board under this
chapter, the board shall have authority to make apportionments to
school districts for the purchase of sites and construction or
purchase of temporary and portable buildings thereon, or for the
construction alone, and for the cost of site preparation, including
necessary utility costs, in connection with their utilization. The
board may establish standards in conjunction with the State
Department of Education pertaining to said sites and facilities as a
condition of making the apportionments.
In addition, the board may expend moneys from the State School
Building Aid Fund directly for the construction, acquisition,
storage, maintenance and repair of the buildings, and administrative
costs relating thereto. In the event the board may lease, sell or
transfer under a lease-purchase agreement the buildings to eligible
school districts or to county superintendents of schools. Any
agreements with school districts may provide for the payment by the
state of site preparation costs, including necessary utility costs,
sufficient to permit the utilization of the facilities. Any building
leased for placement on the school property or under a purchase or a
lease-purchase agreement shall be deemed the construction or
alteration of a school building as those terms are defined in
Sections 17280 to 17313, inclusive. The consideration payable by
either school districts or county superintendents for the facilities
shall, as nearly as practicable, reflect an amount which would render
to the state a fair return, as determined by the board, on its
investment in said facilities and expenditures connected with their
utilization, in the light of the benefits conferred by the agreement
pertaining thereto.
The county superintendent of schools may contract with eligible
school districts respecting and transfer to them by lease,
lease-purchase or sale, facilities acquired by him or her from the
board, provided that the agreements are not inconsistent with the
rights of the state under any agreement between the superintendent
and the board respecting the property. Repayments to the state as due
shall be made by the county superintendent from the funds received
from the affected school districts, and, if necessary to make the
same when due, from the county school service fund, upon which he or
she is authorized to draw requisitions for this purpose. The fund
shall be reimbursed for the withdrawals from any payments made by the
affected districts to the county superintendent not required when
made for the discharge of any obligations of the county
superintendent hereunder to the state.
No transfer of any property acquired directly by the board to any
school district by lease or otherwise shall be made either by the
board or county superintendents without the approval of the State
Department of Education solely as to (1) the property to be
transferred, including incidental construction, if any, connected
therewith, (2) whether the same shall be by lease or sale, and (3) if
less than a sale, the term of the lease, including any contingent or
indefinite term.
The board, affected school districts, and county superintendents
of schools are authorized to do any and all things necessary to carry
out the purposes of this section. Payments required of any affected
school districts under any agreement entered into pursuant to this
section shall be made promptly when due. Whenever the board deems it
economically desirable in the state's interest to do so, it may
dispose of any facilities directly acquired by it to any public or
private parties in the manner and under the terms as it deems best,
providing that the disposition is not inconsistent with any
agreements previously entered into under this section.
The term "eligible school districts" as used in this section,
shall be deemed to refer to those districts which at the time an
agreement contemplated hereunder is entered into would upon proper
application have been eligible to receive an apportionment under this
chapter, provided that solely for the purpose of determining the
eligibility the board, or the county superintendent of schools in
agreements with districts hereunder, may waive construction area
restrictions pertaining to apportionments under this chapter.