school facilities;
liabilities in excess
HB 2037 requires school districts to apply to the School Facilities Board for funding for excessive and unexpected damage to school facilities or to correct unforeseen health and safety hazards rather than petitioning the county superintendent or county board of supervisors to increase the local district’s budget for such expenditures.
Current law allows a school district to petition the county superintendent or county board of supervisors to exceed the school district’s budget for expenses relating to:
1) The destruction of or damage to a school facility;
2) Excessive and unexpected legal expenses; or
3) Mitigation of a health or safety hazard at a school.
If the petition is allowed, the school district may incur liabilities in excess of the district’s adopted budget. The additional expenses are funded from an additional primary property tax levy within the school district.
The Students FIRST legislation, adopted in 1998, established
the State Facilities Board to evaluate and monitor school capital needs and to
distribute building renewal, existing deficiencies, and new construction
funding. The primary responsibility to
ensure that school facilities meet state standards was given to the state. However, school districts are allowed to
exceed the state standards with local funding from general obligation bonds and
capital overrides (secondary property tax levies that require voter approval).
HB 2037 transfers the funding responsibility to alleviate the destruction of or damage to school facilities or to mitigate any health and safety hazards at school facilities from the local school district to the State Facilities Board. The responsibility to fund excessive or unexpected legal expenses remains with the local school district.