SECTIONS 15264-15276 - California Statutes

EDUCATION CODE

SECTION 15264-15276

15264. It is the intent of the Legislature that all of the
following are realized:
(a) Vigorous efforts are undertaken to ensure that the expenditure
of bond measures, including those authorized pursuant to paragraph
(3) of subdivision (b) of Section 1 of Article XIII A of the
California Constitution, are in strict conformity with the law.
(b) Taxpayers directly participate in the oversight of bond
expenditures.
(c) The members of the oversight committees appointed pursuant to
this chapter promptly alert the public to any waste or improper
expenditure of school construction bond money.
(d) That unauthorized expenditures of school construction bond
revenues are vigorously investigated, prosecuted, and that the courts
act swiftly to restrain any improper expenditures.

15266. (a) As an alternative to authorizing and issuing bonds
pursuant to Chapter 1 (commencing with Section 15100) or Chapter 2
(commencing with Section 15300), the governing board of a school
district, community college district, or a school facilities
improvement district may decide, pursuant to a two-thirds vote and
subject to Section 15100 to pursue the authorization and issuance of
bonds pursuant to paragraph (3) of subdivision (b) of Section 1 of
Article XIII A of the California Constitution and subdivision (b) of
Section 18 of Article XVI of the California Constitution. An election
may only be ordered on the question of whether bonds of a school
district, community college district, or a school facilities
improvement district shall be issued and sold pursuant to subdivision
(b) of Section 18 of Article XVI of the California Constitution at a
primary or general election, a regularly scheduled local election at
which all of the electors of the school district, community college
district, or school facilities improvement district, as appropriate,
are entitled to vote, or a statewide special election.
(b) Upon adopting a resolution to incur bonded indebtedness
pursuant to subdivision (b) of Section 18 of Article XVI of the
California Constitution and after the question has been submitted to
the voters, if approved at the election, the bonds shall be issued
pursuant to paragraph (3) of subdivision (b) of Section 1 of Article
XIII A of the California Constitution and this chapter, and the
governing board may not, regardless of the number of votes cast in
favor of the bond, subsequently proceed exclusively under Chapter 1
(commencing with Section 15100) or under Chapter 2 (commencing with
Section 15300), as appropriate. Where not inconsistent, the
provisions of Chapter 1 (commencing with Section 15100) or Chapter 2
(commencing with Section 15300), as appropriate, shall apply to this
chapter.

15268. The total amount of bonds issued, including bonds issued
pursuant to Chapter 1 (commencing with Section 15100), shall not
exceed 1.25 percent of the taxable property of the district as shown
by the last equalized assessment of the county or counties in which
the district is located. The bonds may only be issued if the tax rate
levied to meet the requirements of Section 18 of Article XVI of the
California Constitution in the case of indebtedness incurred by a
school district pursuant to this chapter, at a single election, would
not exceed thirty dollars ($30) per year per one hundred thousand
dollars ($100,000) of taxable property when assessed valuation is
projected by the district to increase in accordance with Article XIII
A of the California Constitution. For purposes of this section, the
taxable property of a district for any fiscal year shall be
calculated to include, but not be limited to, the assessed value of
all unitary and operating nonunitary property of the district, which
shall be derived by dividing the gross assessed value of the unitary
and operating nonunitary property within the district for the 1987-88
fiscal year by the gross assessed value of all unitary and operating
nonunitary property within the county in which the district is
located for the 1987-88 fiscal year, and multiplying that result by
the gross assessed value of all unitary and operating nonunitary
property of the county on the last equalized assessment roll.

15270. (a) Notwithstanding Sections 15102 and 15268, any unified
school district may issue bonds pursuant to this article that, in
aggregation with bonds issued pursuant to Chapter 1 (commencing with
Section 15100), may not exceed 2.5 percent of the taxable property of
the district as shown by the last equalized assessment of the county
or counties in which the district is located. The bonds may only be
issued if the tax rate levied to meet the requirements of Section 18
of Article XVI of the California Constitution in the case of
indebtedness incurred pursuant to this chapter at a single election,
by a unified school district, would not exceed sixty dollars ($60)
per year per one hundred thousand dollars ($100,000) of taxable
property when assessed valuation is projected by the district to
increase in accordance with Article XIII A of the California
Constitution.
(b) Notwithstanding Sections 15102 and 15268, any community
college district may issue bonds pursuant to this article that, in
aggregation with bonds issued pursuant to Chapter 1 (commencing with
Section 15100), may not exceed 2.5 percent of the taxable property of
the district as shown by the last equalized assessment of the county
or counties in which the district is located. The bonds may only be
issued if the tax rate levied to meet the requirements of Section 18
of Article XVI of the California Constitution in the case of
indebtedness incurred pursuant to this chapter at a single election,
by a community college district, would not exceed twenty-five dollars
($25) per year per one hundred thousand dollars ($100,000) of
taxable property when assessed valuation is projected by the district
to increase in accordance with Article XIII A of the California
Constitution.
(c) In computing the outstanding bonded indebtedness of any
unified school district or community college district for all
purposes of this section, any outstanding bonds shall be deemed to
have been issued for elementary school purposes, high school
purposes, and community college purposes, respectively, in the
respective amounts that the proceeds of the sale of those outstanding
bonds, excluding any premium and accrued interest received on that
sale, were or have been allocated by the governing board of the
unified school district or community college district to each of
those purposes respectively.
(d) For purposes of this section, the taxable property of a
district for any fiscal year shall be calculated to include, but not
be limited to, the assessed value of all unitary and operating
nonunitary property of the district, which shall be derived by
dividing the gross assessed value of the unitary and operating
nonunitary property within the district for the 1987-88 fiscal year
by the gross assessed value of all unitary and operating nonunitary
property within the county in which the district is located for the
1987-88 fiscal year, and multiplying the result by the gross assessed
value of all unitary and operating nonunitary property of the county
on the last equalized assessment roll. In the event of the
unification of two or more school districts subsequent to the 1987-88
fiscal year, the assessed value of all unitary and operating
nonunitary property of the unified district shall be deemed to be the
total of the assessed value of the taxable property of each of the
unifying districts as that assessed value would be determined under
Section 15268.
(e) For the purposes of this article, "general obligation bonds,"
as that term is used in Section 18 of Article XVI of the California
Constitution, means bonds of a school district or community college
district the repayment of which is provided for by this chapter and
Chapter 1 (commencing with Section 15100) of Part 10, and includes
bonds of a school facilities improvement district the repayment of
which is provided for by this chapter and Chapter 2 (commencing with
Section 15300).

15271. The governing board of a school district or community
college district may proceed pursuant to this chapter on behalf of a
school facilities improvement district that is created by and under
the exclusive authority of the school district or community college
district and act on behalf of the school facilities district as
provided pursuant to Chapter 2 (commencing with Section 15300).

15272. In addition to the ballot requirements of Section 15122 and
the ballot provisions of this code applicable to governing board
member elections, for bond measures pursuant to this chapter, the
ballot shall also be printed with a statement that the board will
appoint a citizens' oversight committee and conduct annual
independent audits to assure that funds are spent only on school and
classroom improvements and for no other purposes.

15274. If it appears from the certificate of election results that
55 percent of the votes cast on the proposition of issuing bonds
pursuant to subdivision (b) of Section 18 of Article XVI of the
California Constitution are in favor of issuing bonds, the governing
board shall cause an entry of that fact to be made upon its minutes.
The governing 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. The county
superintendent of schools shall send a copy of the certificate of
election results to the board of supervisors of the county.

15276. Notwithstanding any other provision of law, a county board
of education may not order an election to determine whether bonds may
be issued under this article to raise funds for a county office of
education.