Construction                                                                                                                                                          BP 7214(a)

 

GENERAL OBLIGATION BONDS

 

The Governing Board desires to provide adequate facilities in order to enhance curriculum and to help the district achieve its vision for educating district students.  To that end, the Board may order an election on the question of whether bonds shall be issued for school facilities when in the Board's judgment it is advisable and in the best interest of district students.  

 

(cf. 7110 - Facilities Master Plan)

(cf. 7210 - Facilities Financing)

 

The Board shall determine the appropriate size of the bond in accordance with law. 

 

Bonds Requiring 55% Approval by Local Voters

 

The Board may decide to pursue the authorization and issuance of bonds by approval of 55% majority of the voters pursuant to Article 13A, Section 1(b)(3) and Article 16, Section 18(b) of the California Constitution.  If two-thirds of the Board agree to such an election, the Board shall vote to adopt a resolution to incur bonded indebtedness if approved by a 55% majority of the voters.  ( Education Code 15266)

 

The bond election may only be ordered at a primary or general election, a regularly scheduled local election or a statewide special election.  ( Education Code 15266)

 

Bonded indebtedness incurred by the district shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of real property for school facilities.  (California Constitution Article 13A, Section 1(b)(3) and 1(b)(3)(A))

 

The proposition approved by the voters shall include the following accountability requirements:  (California Constitution Article 13A, Section 1(b)(3))

 

1.               A requirement that proceeds from the sale of the bonds be used only for the purposes specified above and not for any other purposes including teacher and administrative salaries and other school operating expenses.

 

2.               A list of specific school facility projects to be funded and certification that the Board has evaluated safety, class size reduction and information technology needs in developing that list.

 

(cf. 0440 - District Technology Plan)

(cf. 0450 - Comprehensive Safety Plan)

(cf. 6151 - Class Size)

 

3.               A requirement that the Board conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific projects listed.

Construction                                                                                                                                                          BP 7214(b)

 

GENERAL OBLIGATION BONDS

 

4.               A requirement that the Board conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for the school facilities projects.

 

Bonds Requiring 66.67% Approval by Local Voters

 

Bonds shall be sold for the purpose of raising money for the following purposes:  ( Education Code 15100)

 

1.               Purchasing school lots.

 

2.               Building or purchasing school buildings.

 

3.               Making of alterations or additions to school building(s) other than as may be necessary for current maintenance, operation or repairs.

 

4.               Repairing, restoring or rebuilding of any school building damaged, injured or destroyed by fire or other public calamity.

 

5.               Supplying of school buildings and grounds with furniture, equipment or necessary apparatus of a permanent nature.

 

6.                  Permanent improvement of school grounds.

 

7.               Refunding of any outstanding valid indebtedness of the district, evidenced by bonds or of state school building aid loans.

 

8.               Carrying out of sewer or drain projects or purposes authorized in Education Code 17577.

 

9.               Purchase of school buses with a useful life of at least 20 years.

 

10.              Demolition or razing of any school building with the intent to replace it with another school building, whether in the same location or in any other location.

 

Except for refunding any outstanding indebtedness, any of the purposes listed above may be united and voted upon as a single proposition by order of the Board and entered into the minutes.  ( Education Code 15100)

 

Legal Reference:

EDUCATION CODE

15100-15254  Bonds for school districts and community college districts

15264-15288  Strict Accountability in Local School Construction Bonds Act of 2000

17577  Sewers and drains

Construction                                                                                                                                                          BP 7214(c)

 

GENERAL OBLIGATION BONDS

 

47614  Charter school facilities

ELECTIONS CODE

324  General election

328  Local election

341  Primary election

348  Regular election

356  Special election

357  Statewide election

1302  School district election

GOVERNMENT CODE

1090-1098  Prohibitions applicable to specified officers

1125-1129  Incompatible activities

53580-53595.55  Bonds

CALIFORNIA CONSTITUTION

Article 13A, Section 1  Tax limitation

Article 16, Section 18  Debt limit

 

Management Resources:

WEB SITES

CSBA:  http://www.csba.org

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                            ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT

Policy adopted:  May 1, 2002                                                                                                     Lancaster, California

Construction                                                                                                                                                      AR 7214(a)

 

GENERAL OBLIGATION BONDS

 

Election Notice

 

The Superintendent or designee shall ensure that election notice and ballot requirements are satisfied in accordance with law.

 

Certification of Results

 

If it appears that the appropriate majority of the voters are in favor of issuing the bonds, the Governing Board shall cause an entry of that fact in the minutes.  The Board shall then certify to the board of supervisors of the county whose superintendent of schools has jurisdiction over the district all proceedings had in the premises.  ( Education Code 15124, 15274)

 

Resolution Requesting Sale of Bonds

 

Following passage of the bond measure, the Board shall pass a resolution to the county board of supervisors to issue the sale of the bonds in accordance with law.  ( Education Code 15140)

 

Citizens Oversight Committee

 

If a district general obligation bond requiring a 55% majority is approved by the voters, the Board shall appoint an independent citizens advisory oversight committee.  This committee shall be appointed within 60 days of the date that the Board enter the election results in its minutes pursuant to Education Code 15274.  (Education Code 15278)

 

This citizens oversight committee shall be disbanded upon the complete expenditure of all bond proceeds for which the committee was selected to oversee.

 

The citizens oversight committee shall consist of twelve members. Seven shall be appointed in 2002 and subsequent even numbered years.  Five shall be appointed in 2003 and subsequent odd numbered years.  They shall include the following:

 

1.               One member active in a business organization representing the business community located within the district.

 

2.               One member active in a senior citizens organization.

 

3.               One member active in a bona fide taxpayers' organization.

 

4.               One member who is a parent/guardian of a child enrolled in the district.

 

 

 

Construction                                                                                                                                                       AR 7214(b)

 

GENERAL OBLIGATION BONDS

 

5.               One member who is a parent/guardian of a child enrolled in the district and is active in a parent-teacher organization, such as the Parent Teacher Association or school site council. ( Education Code 15282)

 

(cf. 0420 - School Plans/Site Councils)

(cf. 1230 - School-Connected Organizations)

 

No employee, official, vendor, contractor or consultant of the district shall be appointed to the citizens oversight committee.  ( Education Code 15282)

 

Members of the citizens oversight committee shall serve for a term of two years without compensation and for no more than two consecutive terms.  ( Education Code 15282)

 

All selected members of the citizens oversight committee are subject to the screening procedures as required of all volunteers of the Antelope Valley Union High School District as per BP/AR 1240.   

 

Regular attendance by committee members is essential to effective operation of the committee and timely implementation of bond projects.  If a committee member is unable to attend regularly scheduled meetings, the school district's governing Board may dismiss or appoint a replacement for that member, on recommendation of the district's superintendent.  After a committee member has had two (2) consecutive absences, without good reason, the governing Board shall consider whether or not to appoint a replacement member.  In the advent of a vacancy on the committee, the Board shall prescribe a method for filling that vacancy and so instruct the superintendent.  If committee composition is altered, all committee members shall be notified in writing of that action. 

 

The purpose of the citizens oversight committee shall be to inform the public concerning the expenditure of bond revenues.  The committee shall actively review and report on the proper expenditure of taxpayers' money for school construction and shall convene to provide oversight for, but not limited to, the following:  ( Education Code 15278)

 

1.               Ensuring that bond revenues are expended only for the purposes described in Article 13A, Section 1(b)(3) of the California Constitution including the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities.

 

2.               Ensuring that, as prohibited by Article 13A, Section 1(b)(3)(A) of the California Constitution, no funds are used for any teacher and administrative salaries and other school operating expenses.

Construction                                                                                                                                                        AR 7214(c)

 

GENERAL OBLIGATION BONDS

 

3.               Receiving and reviewing copies of the annual, independent performance audit required by Article 13A, Section 1(b)(3)(C) of the California Constitution.

 

4.               Receiving and reviewing copies of the annual, independent financial audit required by Article 13A, Section 1(b)(3)(D) of the California Constitution.

 

5.               Inspecting school facilities and grounds to ensure that bond revenues are expended in compliance with the requirements Article 13(A), Section 1(b)(3) of the California Constitution.

 

6.               Receiving and reviewing copies of any deferred maintenance proposals or plans developed by the district, including any reports required by Education Code 17584.1.

 

The Board shall, without expending bond funds, provide the citizens oversight committee with any necessary technical assistance and shall provide administrative assistance in furtherance of its purpose and sufficient resources to publicize the committee's conclusions.  ( Education Code 15280)

 

Such administrative support may include:

 

              a.               Providing the committee with meeting locations(s) and facilities;

 

b.               Providing for committee meeting agendas, materials, requested information, informational reports and committee meeting minutes;

 

c.               Presentation of information on the district's Internet website;

 

d.               Maintaining committee record and files;

 

e.               Completing and transmitting correspondence on behalf of the committee; and

 

f.               Responding to reasonable informational requests from the committee or its individual members, provided that such requests pertain to the strict purposes of the committee.

 

All oversight committee proceedings shall be open to the public and noticed in the same manner as proceedings of the Board.  ( Education Code 15280)

 

1.               Agenda for all Citizens Oversight Committee meetings shall be properly posted, in the same manner as for school board meeting agenda and will be posted to the district's Internet Website.

 

(cf. 9320 - Meetings and Notices)

Construction                                                                                                                                                         AR 7214(d)

 

GENERAL OBLIGATION BONDS

 

2.               The oversight committee shall issue regular reports, at least once a year, on the results of its activities.  Minutes of the proceedings and all documents received and reports issued shall be a matter of public record and shall be made available on the district's Internet web site.  ( Education Code 15280)

 

(cf. 1340 - Access to District Records)

(cf. 9324 - Minutes and Recordings)

 

3.                Members of the oversight committee shall be subject to prohibitions regarding incompatibility of office pursuant to Government Code 1125-1129 and financial interest in contracts pursuant to Government Code 1090-1098.  ( Education Code 15282)

 

4.               Committee actions and decisions shall be made and recorded as individual votes, noting the Committee member's name and vote on a particular matter.  Committee decisions shall be by majority vote of the members of the committee present, provided that there is a quorum.

 

5.               Members of the public attending committee meetings shall have an opportunity to address the committee, as required under the Brown Act.

 

6.               Reports by the committee shall be presented to the school district's governing board by the superintendent or his/her designee.

 

7.               The relevant education codes do not provide that a committee has the authority to override, or veto any School Board determination to expend bond funds, so long as bond monies are spent on the facility projects identified in the bond measure.

 

Reports

 

Within 30 days after the end of each fiscal year, the Board shall submit to the County Superintendent of Schools a report concerning any bond election(s) containing the following information:  ( Education Code 15111) 

 

1.               The total amount of the bond issue, bonded indebtedness or other indebtedness involved.

 

2.               The percentage of registered electors who voted at the election.

 

3.               The results of the election, with the percentage of votes cast for and against the proposition.

 

 

                            ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT

Regulation approved:  May 1, 2002                                                                                         Lancaster, California