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HomeEducation CodeCh. 6Art. 1§ 16004 School Facility Construction Limits

§ 16004 School Facility Construction Limits

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 16004 School Facility Construction Limits

This law says the board must check every school building request to make sure they don’t build permanent classrooms just for a short‑term rise in student numbers, but they can allow extra space or portable classrooms in special hardship situations.

Key Takeaways

  • •The board must review every school‑building application.
  • •Permanent buildings cannot be approved just to handle a temporary enrollment spike.
  • •In hardship cases, the board can allow extra high‑school space or portable classrooms.
  • •Even in hardship cases, the total building area cannot exceed the limits set in Sections 16053 and 16054.

Example

A high‑school district expects a sudden surge of 200 extra students for the next five years because a new housing development is being built nearby.

The board reviews the request and decides not to approve a brand‑new permanent wing. Instead, because the surge is temporary, they allow the district to use portable classrooms for those extra students and plan to remove them when enrollment drops.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 16004 School Facility Construction Limits

Notwithstanding any provision of this chapter to the contrary, the board shall review each application and shall take action to insure that apportionments are not made that will provide for construction of permanent facilities to meet temporary peak enrollments at any site or at any grade level. In cases deemed by the board to be hardship cases involving high school or unified school districts where the district will not be able to house high school pupils under basic area limitation formulas prescribed in this chapter, the board may make apportionments for high school facilities in excess of the limitations. In that event, the board may provide for the construction of portable facilities at any particular site for which the apportionments are made, particularly where the board determines that there will be, within a six- to nine-year period immediately following the apportionment for facilities at the site, a diminution in enrollment at the site justifying relocation of facilities. In no event shall the board have any authority to make an apportionment for construction area at a high school attendance center which, when added to the area of adequate school construction at that center, would exceed the area permitted therefor by Sections 16053 and 16054. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)

Last verified: January 10, 2026

Key Terms

apportionmentspermanent facilitiestemporary peak enrollmentshardship casesportable facilitiesSections 16053 and 16054

Related Statutes

  • § 16018 School Facility Offsite Improvements
  • § 16037 Extended Project Apportionments
  • § 16039.5 School Facility Construction Funding
  • § 16042 School Building Funding Authority
  • § 16059 School District Project Savings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 16004.
View Official Source