school facilities;
liabilities in excess
DPA |
Committee on Education |
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DPA |
Caucus and COW |
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DPA |
As Passed the House |
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As Transmitted to the Governor |
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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.
· Creates a separate emergency deficiency correction fund administered by the School Facilities Board. The fund receives transfers from the new school facilities fund or the deficiencies correction fund. Monies in the fund are continuously appropriated and exempt from lapsing of appropriations.
· Provides that school districts with emergencies shall apply to the school facilities board for funding. The school district’s application shall disclose any insurance or building renewal monies available to the school district to pay for the emergency.
· The School Facilities Board staff has five business days to make a recommendation for emergency funding. The School Facilities Board must decide on the staff’s recommendation at the next scheduled school facilities board meeting.