Facilities Financing



When it is determined that school facilities must be built or expanded to accommodate a increased or projected increased enrollment, the Governing Board shall consider appropriate methods of financing for the purchase of school sites and the construction of buildings. In addition, financing may be needed when safety considerations and educational program improvements require the replacement, reconstruction or modernization of existing facilities.

The Superintendent or designee shall research funding alternatives and recommend to the Board the method that would best serve District needs as identified in the District's master plan for school facilities.

These funding alternatives may include, but not be limited to:

  1. levying developer fees pursuant to Education Code 17620 and Government Code 65995-65998;

  2. forming a community facilities district pursuant to Government Code 53311-53368.3, the Mello-Roos Community Facilities Act;

  3. forming a school facilities improvement district pursuant to Education Code 15300-15425;

  4. issuing voter-approved general obligation bonds;

  5. imposing a qualified parcel tax pursuant to Government Code 50079; or

  6. using lease revenues for capital outlay purposes from surplus school property.

Legal Reference:
Education Code
15100-17059.2 School bonds, especially:
15122.5 Ballot statement
15300-15425 School facilities improvement districts
17000-17059.2 State School Building Lease-Purchase Law of 1976
17060-17066 Joint venture school facilities construction projects
17070.10-17076.10 Leroy F. Greene School Facilities Act of 1998
17085-17095 State Relocatable Classroom Law of 1979
17582 District deferred maintenance fund
17620-17626 Levies against development projects by school districts
17621 Procedures for levying fees
Government Code
6061 One time notice
6066 Two weeks' notice
50075-50077 Voter-approved special taxes
50079 School districts; qualified special taxes
53175-53187 Integrated Financing District Act
53311-53368.3 Mello-Roos Community Facilities Act of 1982
53753 Assessment notice and hearing requirements
53753.5 Exemptions
54954.1 Mailed notice to property owners
54954.6 New or increased tax or assessment; public meetings and hearings; notice
65864-65867 Development agreements
65970-65980.1 School facilities development project
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
Health and Safety Code
33445.5 Overcrowding of schools resulting from redevelopment
33446 School construction by redevelopment agency
California Constitution
Article 13D, Sections 1-6 Assessment and property related fee reform
Uncodified Statutes
17696-17696.98 Greene-Hughes School Building Lease-Purchase Bond Law of 1986
Code of Regulations, Title 2
1859-1859.106 School facility program
Court Decisions
Loyola Marymount University v. Los Angeles Unified School District (1996) 45 Cal.App.4th 1256
Ehrlich v. City of Culver City (1996) 12 Cal.4th 854
Dolan v. City of Tigard (1994) 114 S.Ct. 2309
Canyon North Co. v. Conejo Valley Unified School District (1993) 19 Cal.App.4th 243, 23 Cal.Rptr.2d 495
Garlic Development Co. v. Hayward Unified School District (1992) 3 Cal.App.4th 320, 4 Cal.Rptr.2d 897
Nollan v. California Coastal Commission (1987) 107 S.Ct. 3141
Attorney General Opinions
79 Ops.Cal.Atty.Gen. 149 (1996)
Management Resources:
Web Sites
Department of General Services, Office of Public School Construction: http://www.dgs.ca.gov/opsc/

First Reading: 8/17/05

Governing Board Approval: 9/14/05

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