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Standard Elementary SD  |  BP  7211  Facilities

Method Of Financing   

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The purchase of district school sites and construction of buildings shall be financed by any combination of approved bonds, developer fees, the district general fund, the state building fund, special taxes, assessments, or other financing mechanisms as permitted by law.

Developer Fees

As homes and apartments multiply within the district, school facilities must expand to accommodate a growing number of students. The Governing Board affirms that adequate facilities are essential to the educational process, and that in addition to classrooms, such facilities should include at least:

1. A library

2. A science laboratory

3. An auditorium/multipurpose room/cafeteria

4. Kitchen, restroom, office, and janitorial facilities

5. Computer Center

The Board recognizes that certain state funding for school construction is now available only if districts contribute a payment equal to the maximum developer fees which they are authorized to collect during the construction period. (Education Code 17705.5)

When applying for state funding, the Board shall, therefore, determine how much its local share of the building costs will be.

Unless the Board selects other available means by which to sufficiently finance this local share, it shall levy developer fees on all residential, commercial and industrial construction within the district. Such fees shall be subject to the limits specified by law. (Government Code 65995)

At the Board's discretion, developer fees may be levied for school construction even when state funding is not sought.

No fees shall be levied until the Board first determines that the amount of these fees, or the amount and location of land to be provided by the developer, bears a reasonable relationship to school facility needs caused by the development.

Before levying developer fees, Board representatives shall consult with the representatives of any other school boards which may be entitled to levy these fees upon the same construction. Interdistrict agreements between boards shall serve the needs of each district involved in the most expedient possible way.

At such time as the Board intends to levy developer fees, it shall set a date for a public hearing at which it may adopt the resolutions required by law. (Government Code 54992, 65962) Information on the anticipated amount of fees, other available funds, and the estimated cost of planning, land acquisition and school construction shall be made available to the public at least ten (10) days before the hearing. Notice of the hearing shall be given at least fourteen (14) days before the hearing date.

At such time as the Board resolves to levy developer fees, the Superintendent shall ask pertinent local governmental agencies to cooperate with the district in the issuance of building permits. As required by law, the Board shall certify that the developer fees have been paid before the building permits are issued. (Government Code 53080(b))

The Board shall annually determine its capital needs and its need for developer fees. Fees shall be revised annually with consideration given to the annual increase legally allowed for inflation. (Government Code 65995(b))

When subject to state matching fund requirements, the district shall follow procedures set forth in the State Allocation Board's Amended Guidebook (April, 1987).

Waiver of Developer Fees for Nonprofit Organizations

The Board may waive the payment of developer fees for nonprofit organizations/associations/entities, defined as those exempted from taxation by Section 501(c)(3) or (4) of the Internal Revenue Code and/or Section 23701(d) or (f) of the California Revenue and Taxation Code.

The nonprofit entity seeking a waiver shall obtain a waiver application from the district office and submit the completed form to the Board. Waivers shall be granted by a majority vote of the Board at a public meeting.

Whenever a waiver is granted, the district shall enter into an agreement for a restricted covenant to assure that the waiver will be reconsidered when the structure is sold or used for a different purpose.

The Superintendent shall design administrative procedures to carry out this policy.

Legal Reference:

EDUCATION CODE

17070.10-17077.10 Leroy F. Greene School Facilities Act of 1998

17582 District deferred maintenance fund

17620-17626 Levies against development projects by school districts

GOVERNMENT CODE

6061 One time notice

6066 Two weeks' notice

65352.2 Level 2 funding notification requirement

65864-65869.5 Development agreements

65995-65998 Payment of fees against a development project

66000-66008 Fees for development projects

66016-66018.5 Development project fees

66020-66025 Protests and audits

CODE OF REGULATIONS, TITLE 2

1859-1859.106 School facility program

COURT DECISIONS

Dolan v. City of Tigard (1994) 114 S.Ct. 2309

Management Resources:

WEB SITES

Department of General Services, Office of Public School Construction: http://www.opsc.dgs.ca.gov

Policy STANDARD SCHOOL DISTRICT

adopted: September 29, 1988 Bakersfield, California

revised: May 13, 2014