Section 16197 Of Article 3. School Housing Aid For Exceptional Children From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 6. >> Article 3.
16197
. (a) Notwithstanding any other provisions of this article to
the contrary, apportionments for the purchase of mobile classrooms
for the education of physically handicapped pupils enrolled in
integrated programs, as set forth in Part 30 (commencing with Section
56000), and for the education and therapy of speech-handicapped
pupils may, subject to the approval of the department, be made to any
school district not otherwise eligible to receive apportionments
under Article 1 (commencing with Section 16000) and Article 2
(commencing with Section 16150) for that purpose.
(b) The State Department of Education may approve applications in
those situations where mobile classrooms will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Chapter 7.2 (commencing with Section 56836) of
Part 30. Mobile classrooms shall be used pursuant to an agreement
authorized by Section 41308.
(c) Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in annual amounts and
at an interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In any school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
(d) The county board of supervisors of the county whose
superintendent of schools uses mobile classrooms during any fiscal
year shall at the time or times within the fiscal year as may be
agreed upon between the county and the school district, but in any
case not later than the end of the fiscal year, pay to the school
district having the obligation to repay the apportionment made under
this section for the purchase of mobile classrooms, an amount equal
to 100 percent of the amount the district is required to repay in the
fiscal year with respect to the apportionment described above.
(e) The county board of supervisors shall raise the amount
required through a general tax levy on the property within the
participating districts, or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility including the district having the
obligation to repay, or through a combination of these.
(f) The county superintendent of schools shall notify the county
board of supervisors of his or her intention to approve a school
district's application for an allocation under this article before he
or she approves the application.
(g) The department shall prepare specifications or regulations for
the construction of mobile classrooms to provide for a useful life
of no less than 20 years.
(h) The use of mobile classrooms shall meet specifications
described by the department as they relate to the needs of the
physically handicapped pupils being served, as set forth in Chapter
7.2 (commencing with Section 56836) of Part 30.