This chapter provides a method for the formation of school facilities improvement districts consisting of a portion of the territory within a school district or community college district, for the conduct of a bond election within a school facilities improvement district, and for the issuance of general obligation bonds by a school district or community college district for a school facilities improvement district.
Article 1General Provisions
Section § 15300
This law explains how a school district or community college district can create a special area within it, called a school facilities improvement district. This area can vote on and issue general obligation bonds, which are essentially loans, to fund improvements to school facilities.
school facilities improvement district formation of districts bond election general obligation bonds school district community college district territory funding improvements bond issuance education infrastructure district voting school funding improvement funding loan for schools facility upgrades
Section § 15301
This law explains how school districts or community college districts in California can create special areas to finance the construction of school facilities. These areas, called school facilities improvement districts, include parts of the district not already covered by another special funding district. The school district can skip some requirements if its board decides that forming such a district is the best financial option compared to other available choices. They must show that this approach is cheaper than others, like using general Mello-Roos funds. Lastly, they need to follow certain filing rules and clearly mark which properties are included in the improvement district.
(a)CA Education Code § 15301(a) A school district or community college district that has a community facilities district formed pursuant to the Mello-Roos Community Facilities Act of 1982, as set forth in Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code, that has as one of its purposes the construction of school facilities within a portion of the territory of the school district or community college district, may proceed under this chapter.
(b)CA Education Code § 15301(b) The boundaries of a school facilities improvement district formed pursuant to this chapter shall include all of the portion of the territory within the boundaries of the school district or community college district that is not located within the boundaries of the community facilities district as described in subdivision (a).
(c)CA Education Code § 15301(c) A school district or community college district may proceed under this chapter without meeting the requirements of subdivisions (a) and (b) if the governing board of the school district or community college district determines that it is necessary and in the best interest of the school district or community college district, respectively, to form a school facilities improvement district pursuant to this chapter to finance school facilities and purposes authorized pursuant to Section 15100. As a part of that determination, the governing board of the school district or community college district shall make a finding that the overall cost of financing the bonds issued pursuant to this part would be less than the overall cost of other school facilities financing options available to the school district or community college district, including, but not limited to, issuing bonds pursuant to the Mello-Roos Communities Facilities Act of 1982 (Ch. 2.5 (commencing with Sec. 53311), Pt. 1, Div. 2, Title 5, Gov. C.). The governing board of the school district or community college district proceeding under this subdivision shall define the boundaries of the school facilities improvement district to include any portion of territory within the jurisdiction of the school district or community college district.
(d)CA Education Code § 15301(d) The governing body of a school district or community college district that proceeds under this chapter shall comply with the filing requirements established by Section 54902 of the Government Code. A plat or map that is filed pursuant to this subdivision shall specifically identify property, located within the school district or community college district, that is not located within the improvement district established by the school district or community college district pursuant to this chapter.
school district finance community college district Mello-Roos Community Facilities Act school facilities construction improvement district boundaries governing board determination bond financing school facilities financing cost of financing bonds property identification Mello-Roos bonds filing requirements overall cost comparison territory inclusion plat or map filing
Section § 15302
Small school districts in California, which have had bonds approved by voters, can come together to form a joint entity called a joint powers authority. This allows them to issue or sell those bonds collectively, helping them manage costs more efficiently. Despite pooling resources, each school district remains individually accountable for its bonds. The joint authority acts like a school district just for the purpose of handling these bonds. A 'small school district' is defined as one with fewer than 2,501 daily students.
(a)CA Education Code § 15302(a) Two or more small school districts that have had the issuance of bonds authorized by the voters pursuant to this chapter may form a joint powers authority in accordance with the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for the purpose of issuing or selling those bonds for raising money for the purposes authorized.
(b)CA Education Code § 15302(b) A joint powers authority described in subdivision (a) shall be deemed a school district for purposes of this chapter only and may exercise all authority granted to a school district under this chapter under the conditions imposed by this chapter for the issuance and sale of bonds.
(c)CA Education Code § 15302(c) Each small school district shall be responsible for its respective voter-approved bonds pursuant to this chapter. A joint powers authority formed pursuant to this section shall serve the purpose of sharing administrative costs associated with the issuance and sale of bonds and shall not otherwise affect the terms of the respective voter-approved bonds.
(d)CA Education Code § 15302(d) For purposes of this section, “small school district” means a school district with fewer than 2,501 units of average daily attendance.
small school districts joint powers authority bond issuance voter-approved bonds administrative costs average daily attendance bond sales district accountability school district cooperation collective bond management resource pooling cost sharing bond authority education funding
Section § 15303
This section of the law explains that a chapter of rules about school facilities improvement won't take effect in a county until the county's supervisors vote to adopt it. The supervisors in charge of the relevant school district or community college must agree to make the rules apply either in general throughout the county or to specific districts. Once they agree, they need to file this decision with the California Debt and Investment Advisory Commission.
(a)CA Education Code § 15303(a) This chapter shall not be operative in a county or counties until the board of supervisors of the county in which the county superintendent of schools having jurisdiction over the school district or community college district in which a proposed school facilities improvement district is located, and the board of supervisors of any county in which a proposed school facilities improvement district is located, by resolution adopted by a majority vote of each affected board of supervisors, makes this chapter applicable in the county or counties. The resolution may make this chapter operative in the county generally, or to one or more school districts or community college districts.
(b)CA Education Code § 15303(b) A board of supervisors adopting a
resolution pursuant to subdivision (a) shall file that resolution with the California Debt and Investment Advisory Commission established pursuant to Section 8855 of the Government Code.
school facilities improvement board of supervisors county jurisdiction majority vote resolution filing community college district California Debt and Investment Advisory Commission Section 8855 county resolution applicability in county school district jurisdiction adoption of resolution operative chapter school facilities district superintendent of schools
