SECTIONS 15284-15288 - California Statutes

EDUCATION CODE

SECTION 15284-15288

15284. (a) An action to obtain an order restraining and preventing
any expenditure of funds received by a school district or community
college district through the sale of bonds authorized by this chapter
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 may be maintained
against any officer, agent, or other person acting on behalf of, that
school district or community college district, by a citizen residing
in the school or community college district who is assessed and is
liable to pay an ad valorem tax on real property within the school or
community college district, or who has paid an ad valorem tax on
real property within the school or community college district within
one year before the commencement of the action if it appears by the
complaint or affidavits that any of the following conditions are
present:
(1) An expenditure of funds received by a school district or
community college district through the sale of bonds authorized by
this chapter is for purposes other than those specified in paragraph
(3) of subdivision (b) of Section 1 of Article XIII A of the
California Constitution.
(2) The expenditure is not in compliance with paragraph (3) of
subdivision (b) of Section 1 of Article XIII A of the California
Constitution.
(3) That an expenditure in violation of paragraph (3) of
subdivision (b) of Section 1 of Article XIII A of the California
Constitution will be made or will continue to be made during the
litigation that would produce waste or great or irreparable injury.
(4) The governing board of a school district or community college
has willfully failed to appoint the citizens' oversight committee in
violation of the requirements of Section 15278.
(b) An action brought pursuant to this section shall take special
precedence over all civil matters on the calendar of the court except
those matters granted equal precedence by law.
(c) The rights, remedies, or penalties established by this section
are cumulative to the rights, remedies, or penalties established
under other laws, including subdivision (a) of Section 526 of Chapter
3 of Title 7 of Part 2 of the Code of Civil Procedure.
(d) If an order is obtained to restrain and prevent an expenditure
of funds pursuant to subdivision (a), a court may award attorneys'
fees pursuant to Chapter 6 (commencing with Section 1021.5) of Title
14 of Part 2 of the Code of Civil Procedure.
(e) The action authorized by this section shall be known as a
"School Bond Waste Prevention Action."

15286. Consistent with the provisions contained in subparagraphs
(C) and (D) of paragraph (3) of subdivision (b) of Section 1 of
Article XIII A of the California Constitution, the required annual,
independent financial and performance audits shall be conducted in
accordance with the Government Auditing Standards issued by the
Comptroller General of the United States for financial and
performance audits.

15288. It is the intent of the Legislature that upon receipt of
allegations of waste or misuse of bond funds authorized in this
chapter, appropriate law enforcement officials shall expeditiously
pursue the investigation and prosecution of any violation of law
associated with the expenditure of those funds.