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Section 17040 Of Article 3. Allowances From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 12. >> Article 3.
17040
. Except as provided in Section 17041, no project shall be
approved, the building area of which, when added to the area of
adequate school construction existing in the applicant school
district at the time of application, will provide a total area of
school building construction per unit of estimated average daily
attendance in excess of that computed in accordance with Sections
17043, 17044, 17045, and 17046.
As used in Sections 17041.5, 17043, 17044, 17045, and 17046,
"maximum area" means maximum area of school building construction and
"attendance unit" means unit of estimated average daily attendance.
As used in this section and Sections 17045 and 17046, "attendance
center" means a school maintained or to be maintained at a given
location within a district. Enrollment projections shall be made for
the third fiscal year beyond the fiscal year in which the application
is made for a project for kindergarten or any of grades 1 to 6,
inclusive, and for the fourth fiscal year beyond the fiscal year in
which the application is made for a junior high school or high school
project. Except as otherwise provided by the board, the estimates of
average daily attendance shall be based upon the number of family
dwellings and mobilehome parks, as defined in Section 18214 of the
Health and Safety Code, under construction or newly constructed and
never occupied in the district and the number of children residing in
the district. In no case shall an estimate be given effect unless
approved by the board.
For the purposes of this chapter, pupils attending grades 7 and 8
in an elementary district, but residing in a high school district
that maintains one or more junior high schools, shall not be
considered in determining or estimating the average daily attendance
of the elementary district, unless one of the following conditions is
met:
(a) The elementary district is maintaining and has continuously maintained grades 7 and 8 since a date prior to January 1, 1975.
(b) The elementary district, by a vote of the electorate at an election held on June 2, 1981, withdrew its 7th and 8th grade pupils from the high school district.
(c) The elementary district, by a vote of the electorate at an election held on November 4, 1980, withdrew its 7th and 8th grade pupils from the high school district and the high school district continues to qualify for a project, other than a project pursuant to Section 17041, on the basis of the remaining 7th and 8th grade pupils. In no event shall a facility be constructed for the withdrawn 7th and 8th grade pupils at a distance less than one and one-half miles from the nearest proposed or existing junior high facility. When these pupils are so considered in determining or estimating the average daily attendance of the elementary district, they shall not be considered in determining or estimating average daily attendance of the high school district for junior high school purposes.
(a) The elementary district is maintaining and has continuously maintained grades 7 and 8 since a date prior to January 1, 1975.
(b) The elementary district, by a vote of the electorate at an election held on June 2, 1981, withdrew its 7th and 8th grade pupils from the high school district.
(c) The elementary district, by a vote of the electorate at an election held on November 4, 1980, withdrew its 7th and 8th grade pupils from the high school district and the high school district continues to qualify for a project, other than a project pursuant to Section 17041, on the basis of the remaining 7th and 8th grade pupils. In no event shall a facility be constructed for the withdrawn 7th and 8th grade pupils at a distance less than one and one-half miles from the nearest proposed or existing junior high facility. When these pupils are so considered in determining or estimating the average daily attendance of the elementary district, they shall not be considered in determining or estimating average daily attendance of the high school district for junior high school purposes.
