From the ECS State Policy Database Finance--Facilities

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 From bill summary: Until January 1, 2020, expands the definition of direct costs that a school district governing board may charge an entity for the use of school facilities or grounds for use by entities that promote youth and school activities or that arrange for and supervise sports league activities for youths, to include a specified share of the operating and maintenance costs proportional to the entity's use of the school facilities or grounds and a share of the costs for maintenance, repair, restoration, and refurbishment of the school facilities or grounds proportional to that entity's use of school facilities or grounds. Requires the superintendent of public instruction to develop, and the state board to adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1401-1450/sb_1404_bill_20120929_chaptered.pdf Title: S.B. 1404 Source: www.leginfo.ca.gov CA Signed into law 09/2012 P-12 Community College Primarily from bill summary: Extends until January 1, 2020 the authority of a district governing board or community college district governing board to enter into a design-build contract for both the design and construction of a facility (was due to expire January 1, 2014). States legislative intent that design-build procurement does not replace or eliminate competitive bidding. Prohibits a district or community college district's request for proposal for a design-build project from including a design-build-operate contract for educational facilities. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1501-1550/sb_1509_bill_20120928_chaptered.pdf Title: S.B. 1509 Source: www.leginfo.ca.gov HI Signed into law 07/2012 P-12 Establishes a school facilities special fund, to be administered by the department of education in consultation with the board of education. Provides all proceeds from leases, permits, interest income generated from public school lands and facilities, and other revenue generated from the non-permanent disposition of public school lands and facilities, minus certain amounts, must be deposited into the special fund. Requires that all moneys in the special fund be used for the new construction and upgrade of 21st century school facilities, and the retrofit and upgrade of existing school facilities to meet 21st century school standards. Directs the public land development corporation to submit a report to the legislature no later than 20 days before the convening of the 2013 regular session detailing the progress made with the school facilities special fund. http://www.capitol.hawaii.gov/session2012/bills/SB2534_HD2_.pdf Title: S.B. 2534 Source: www.capitol.hawaii.gov PA Signed into law 06/2012 P-12 Places a moratorium on acceptance of new school building construction or reconstruction project applications (except those received by August 1, 2012). Requires the department, in consultation with district officials and the General Assembly, to conduct of review of the department's current process for reimbursement of building projects and make recommendations to the General Assembly by May 1, 2013. http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2011&sessInd=0&billBody=H&billTyp=B&billNbr=1901&pn=3885 Title: H.B. 1901 - Section 732.1 Source: http://www.legis.state.pa.us OH Signed into law 06/2012 P-12 Permits the Ohio school facilities commission to provide assistance to a district that has entered into an expedited local partnership agreement before the district is otherwise eligible for that assistance, if the commission determines all of specified criteria. Requires that assistance be offered to eligible districts in the order of their percentile rankings at the time they entered into their expedited local partnership agreements, from lowest to highest percentile. Provides that in the event that more than one district has the same percentile ranking, those districts must be offered assistance in the order of the date they entered into their expedited local partnership agreements, from earliest to latest date. Pages 189-190 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Title: S.B. 316 - Ohio School Facilities Commission Assistance Source: www.legislature.state.oh.us OH Signed into law 06/2012 P-12 Amends provisions related to provision of Ohio school facilities commission funding to a STEM school to assist in the acquisition of classroom facilities. Provides that in the case of a governing body of a group of STEM schools, the governing body must submit a proposal for each school separately, and the commission must consider each proposal separately. Pages 194-195 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Title: S.B. 316 - STEM School Facility Assistance Source: www.legislature.state.oh.us NH Signed into law 06/2012 P-12 Authorizes chartered public schools to incur long-term debt for the purpose of purchasing buildings or land or for new construction or renovations. http://www.gencourt.state.nh.us/legislation/2012/HB1225.html Title: H.B. 1225 Source: http://www.gencourt.state.nh.us/ CO Signed into law 05/2012 P-12 The bill extends the time for the notice from 3 to 4 months for a charter school to give notice of intent to apply for financial assistance through the building excellent schools today (BEST) program. The bill changes the factors that apply to charter school applicants. The amount of match moneys calculated for charter schools must be comparable to the amounts calculated for school districts in the same year. The bill creates the charter school matching moneys loan program to assist charter schools in obtaining up to 50% of the matching moneys required for financial assistance through the BEST program. To be eligible to participate, a charter school must qualify for payments from the state charter school debt reserve fund. An eligible charter school that participates in the loan program must comply with several requirements, including authorizing the state treasurer to withhold the amount of the loan payments from moneys otherwise payable to the charter school and putting 6 months of loan payments into escrow for the benefit of the state. The loans are funded through the lease-purchase agreements the state treasurer enters into for the charter schools' construction projects. http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/8586A7A758D6112A87257981007F3E3A?Open&file=121_enr.pdf Title: S.B. 121 Source: http://www.leg.state.co.us ME Signed into law 05/2012 P-12 Part A amends and clarifies audit requirements in order for the State and school administrative units to be in compliance with federal regulations and also enacts statutory language requiring the audit of state-funded school construction projects Part B requires that the regional school unit budget meeting occur within 30 days after the failure of the budget validation referendum. Part C repeals the Maine Revised Statutes, Title 20-A, chapter 109, which establishes the union school governance structure, and fixes cross-references to that chapter. There are no longer any school administrative units using this governance structure. It also repeals statutory language that applies to school construction projects approved prior to July 1, 1985 and clarifies statutory language that applies to current school construction projects. Part D revises school construction language to be in compliance with the current funding requirements. Part F repeals the addition of targeted funds to the elementary tuition rate for students who are residents of the unorganized territory to be consistent with the repeal of the addition of targeted funds to the secondary tuition rate by Public Law 2009, chapter 213. Part G refines state requirements for summer school tuition rates for the first year of operation. http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=HP1284&item=1&snum=125 Title: H.P. 1284-Finance Source: www.mainelegislature.org MN Signed into law 04/2012 P-12 Establishes the Legislative Permanent School Fund Commission (previously the Permanent School Fund Advisory Committee), dictates its 12 members, outlines meeting and election proceedures, and adds to its duties manage the asset allocation of the permanent school fund. Establishs a school trust lands director position to recommend management policies for Minnesota's school trust lands, and outlines duties of the trustee. Requires the governor to appoint a school trust lands director, outlines his/her qualifications, compensation, and duties. Directs the Commissioner to annually provide to the Legislative Permanent School Fund Commission a report that includes an analysis that compares certified costs with costs incurred on other public and private lands with similar land assets. Requires returns of not less than fair market value on the sale, exchange, and commercial leasing of school trust lands. Requires the Commission to optimize school trust land revenues and maximize the value of the trust consistent with the balancing of short-term and long-term interests. Directs the Commissioner to optimize school trust land revenues and maximize the value of the trust consistent with the balancing of short-term and long-term interests. Outlines reporting requirements and policies to resolve conflicts between short and long term interests. Excludes school trust lands from state land that are withdrawn from sale. https://www.revisor.mn.gov/bin/showPDF.php Title: H.F. 2244 Source: http://www.house.leg.state.mn.us/ MN Signed into law 04/2012 P-12 Authorizes a district to levy in order to lease administrative space so long as the space is not more expensive than instructional space the district would otherwise lease. Requires the district to pass a resolution stating its intent to lease instructional space if not granted authority for administrative space. Article 2, Sec. 18, Subd. 1 https://www.revisor.mn.gov/data/revisor/law/2012/0/2012-239.pdf Title: H.F. 2949 Source: https://www.revisor.mn.gov/ FL Signed into law 04/2012 P-12 Establishes for the 2012-13 fiscal year the K-12 Public School Facility Funding Task Force. Identifies task force membership. Requires the task force to convene by July 31, 2012 to make recommendations to the legislature for more equitable facility funding for charter schools and district-operated schools, including on five enumerated issues. Directs the task force to complete its work and submit recommendations to specified legislative leaders by December 1, 2012. Abolishes the task force June 30, 2013. Pages 37-39 of 41: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5101er.docx&DocumentType=Bill&BillNumber=5101&Session=2012 Title: H.B. 5101 - K-12 Public School Facility Funding Task Force Source: myfloridahouse.gov GA Signed into law 04/2012 P-12 Makes changes to the state's facility funding program including: --Eliminating additional funding for "exceptional growth" districts --Striking a section of the law that would have allowed local voters to protest the closing of a school --Striking a section of the law that prevented school districts from applying for state funds for at least 4 years after a failed bond vote --Adding a section of the law that would allow for local school districts that lost school buildings due to fire or natural disaster to request flexibility in their bonding programs to allow them to rebuild/repair the school. http://www.legis.ga.gov/Legislation/20112012/125053.pdf Title: H.B. 760 Source: www.legis.ga.gov ID Signed into law 04/2012 P-12 The recent construction of a new elementary school in the Plummer-Worley School District represents the first use of the state failsafe provided through HB 743 (2006), ensuring that no child in Idaho will attend school in an unsafe facility. While the process worked successfully and smoothly in this instance, it highlighted two issues that could become problems in future cases. The first issue is that the state panel that is established to review these cases has no access to funds if additional planning and design work must be completed prior to the panel making a decision. The second is that there is no provision for dealing with construction cost overruns. This legislation deals with the first issue by allowing the panel to expend up to $150,000 from a dedicated funding source to develop additional plans, if necessary. The second issue is dealt with by clarifying that the panel can request that the Legislature appropriate additional funds from the same dedicated fund, in the event of construction cost overruns. http://legislature.idaho.gov/legislation/2012/H0633.pdf Title: H.B. 633 Source: legislature.idaho.gov TX Adopted 12/2011 P-12 Modifies provisions related to the allotment for new instructional facilities to reflect statutory changes, implement a recent TEA policy decision to allow open-enrollment charter schools to apply for the allotment, amend the application process, and establish in rule a requirement for applicants to complete a survey after receiving funds. Adoped as published in the October 14, 2011 Texas Register (pages 19-22 of 109): http://www.sos.state.tx.us/texreg/pdf/backview/1014/1014prop.pdf Title: 19 TAC 61.1034 Source: www.sos.state.tx.us OH Signed into law 12/2011 P-12 Repeals provision requiring any board of trustees of a college-preparatory boarding school to secure at least $20 million dollars of private money to satisfy its share of facilities acquisition to be eligible for state assistance (under new revisions, some boards of trustees may avoid this requirement). Repeals provision requiring a board of trustees receiving assistance under the program to fund the acquisition of residential facilities and any other facilities other than classroom facilities through private means. Repeals provision requiring that lease payments made by the boards of trustees of college-preparatory boarding schools receiving assistance under the program be deposited into the state treasury and credited to the common schools capital facilities bond service fund. Establishes alternative methods for acquisition of college-preparatory boarding school facilities. Specifies that, acting through its board of trustees, a college preparatory boarding school may sue and be sued, acquire facilities as needed, contract for any services necessary for the operation of the school, and enter into contracts with the department of education. Permits the board of trustees to carry out any act and ensure the performance of any function that is in compliance with the Ohio Constitution, chapter 3328 of the Ohio Code, other statutes applicable to college-preparatory boarding schools, and the contract entered into under chapter 3328 establishing the school. Requires that each college-preparatory boarding school have a fiscal officer who meets state board-established standards. Directs the department of education to monitor the operation, programs, and facilities of the school, including conducting on-site visits of the school. Authorizes the department to take actions, as specified in the contract, to resolve issues of noncompliance by the school of certain legislative provisions, the contract, the bylaws adopted by the board of trustees, or state board rules. Provides such specified actions must include procedures for notice of noncompliance and appeal to the state board of the decisions of the department. Repeals all provisions requiring the state board to grant a charter to each college-preparatory boarding school. Transfers certain powers from college-preparatory school operators to schools' boards of trustees. Clarifies that district responsibility to transport college-preparatory boarding school students on a weekly basis may be met by providing the transportation itself, contracting with another entity to provide the transportation, or entering into an agreement with the college-preparatory boarding school board of trustees under which the board will provide the transportation and the district will pay the board an amount specified in the agreement. Clarifies that transportation to and from college-preparatory boarding schools is subject to all school transportation requirements set forth in statute and administrative code. Pages 7-10 and 13-19 of 22: http://www.legislature.state.oh.us/BillText129/129_HB_157_EN_N.pdf Title: H.B. 157 - College-Preparatory Boarding School Program Source: www.legislature.state.oh.us CA Signed into law 10/2011 P-12 Makes specified new construction and modernization projects eligible for an incentive grant if the project meets the criteria prescribed in the 2006 Bond Act for incentive grants to high-performance schools. Provides that by allowing an existing appropriation to be spent for a new purpose, the bill makes an appropriation. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0101-0150/sb_128_bill_20111008_chaptered.pdf Title: S.B. 128 Source: www.leginfo.ca.gov IL Signed into law 08/2011 P-12 Very similar to S.B. 620 (http://www.ilga.gov/legislation/97/SB/PDF/09700SB0620lv.pdf). Differs from S.B. 620 in definition of "school action" by excluding from definition reassignment due to a new school with an attendance area boundary and that is made to relieve overcrowding. Also creates different fiscal transparency requirements than those created in S.B. 620. S.B. 630 requires that for fiscal year 2012, the chief executive officer provide the Chicago school board with an annual capital expenditure report within 90 days after the end of the fiscal year, to be posted to the district Web site. It also requires that for fiscal year 2013 and thereafter, the chief executive officer provide the board with an annual capital expenditure report with the same specifications as the one S.B. 620 calls for after the bill goes into effect (not phased in, as in S.B. 630). In section regarding contents of a school transition plan, requires that school transition plans include "informational briefings" (rather than "counseling" as in S.B. 620) to provide parents and children with pertinent information to make an informed choice. Clarifies that the chief executive officer publish notice of the proposed school actions each year, rather than by December 2011, as required in S.B. 620, though both require annual posting of proposed school actions to be taken at the close of the current academic year by December 1 of each year. Provides that no Chicago school board decision regarding a proposed school action may take place less than 60 days after the announcement of the proposed school action. Requires the chief executive officer to publish a brief summary of the proposed school actions and the date, time, and place of the hearings or meetings in a newspaper of general circulation. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0474.pdf Title: S.B. 630 Source: www.ilga.gov IL Signed into law 08/2011 P-12 Creates new sections 105 ILCS 5/34-200 through -235 regarding school action and facility master planning for Chicago Public Schools. By December 31, 2011, directs the district to publish space utilization standards on the district's Web site. Requires that the standards include several specified components, including the method to determine efficient use of a school building based on educational program design capacity, and the standards for overcrowding and underutilization. Directs the chief executive officer or designee to annually publish a space utilization report for each building operated by the district. Requires the chief executive officer, by December 31, 2011, to propose minimum and optimal facility performance standards for specified facility attributes, and identifies process for eliciting public feedback before the final recommendations are developed. Requires that the final educational facility space utilization and performance standards be published on the district Web site. Directs the chief executive officer or designee to develop a 10-year educational facility master plan every five years, with the first such master plan to be approved by July 2013. Specifies the elements that must inform the educational facility master plan. Requires that a preliminary draft of the master plan be distributed for comment by January 2013, and requires that the final approved Educational Facility Master Plan be published on the district Web site. Directs the district to develop a capital needs review process and 1-year and 5-year capital improvement plans. By January 1, 2012, requires the chief executive officer or designee to establish a capital needs review process that includes a comprehensive bi-annual assessment of the capital needs at each facility owned, leased or operated by the district. Requires that, beginning with fiscal year 2013 and each year thereafter, the chief executive officer publish a proposed one-year capital improvement plan at least 60 days before the end of the prior fiscal year. Requires that the one-year capital improvement plan include specified information for all capital projects for which funds are to be appropriated. Directs the Chicago school board to adopt a final one-year capital improvement plan within 45 days after adopting the annual budget. Beginning with fiscal year 2013, directs the chief executive officer to publish a proposed 5-year capital improvement plan with the proposed one-year capital improvement plan, and requires the 5-year capital improvement plan to be assessed annually. Requires that an annual report be published explaining differences between projected capital projects in the 5-year capital improvement plan and the capital projects authorized in the proposed one-year capital improvement plan for the following fiscal year. Requires that the 5-year plan be published on the district's Web site and distributed to all principals. Requires the chief executive officer to provide the Chicago board with an annual capital expenditure report within 90 days after the end of the fiscal year, and for the report to be published on the district's Web site. Requires that the annual capital expenditure report include specified information. Requires that a list of all property owned by or leased to the Chicago school board be published on the district's Web site by January 1, 2012, and that the information be updated annually. Requires that all lease agreements in which the Chicago school board is a lessor or lessee be published on the district's Web site for the duration of the lease, and requires specified information about lease agreements to be published to the Web site. Provides that if the Board approves a school action, the chief executive officer or designee must work with local school educators and families of students attending the affected school to ensure successful integration of affected students into new learning environments. Requires the chief executive officer or designee to develop a school transition plan, and to identify and commit specific resources for implementation of the plan for at least the first full academic year after the board approves a school action. Requires that a school transition plan include specified components, including options to enroll in higher performing schools, and counseling on the choice of schools, including all information a parent and child need to make an informed choice. Requires the chief academic officer to annually publish guidelines for school actions, outlining the academic and non-academic criteria for a school action. Outlines processes for providing notice of proposed school actions and providing public hearings. Provides that if the chief executive officer does not follow the statutory mandates for proposing a school action, the proposed school action cannot be approved by the Chicago school board during the school year in which the school action was proposed. Provides that nothing in these provisions prevents the district from taking emergency action to protect the health and safety of students and staff in an attendance center. Directs the Chicago Educational Facilities Task Force, after recommendations have been issued, to meet at least once annually to review Chicago's compliance with the aforementioned statutory provisions concerning school action and facility master planning. Directs the task force to prepare a report on how the district has met the school action and facility master planning provisions. http://www.ilga.gov/legislation/publicacts/97/PDF/097-0473.pdf Title: S.B. 620 Source: www.ilga.gov OR Signed into law 07/2011 Postsec. Limits for six-year period beginning July 1, 2011, payment of expenses from other funds collected or received by various state agencies for capital construction. Limits expenditures from federal funds collected or received by Oregon Department of Aviation and Oregon Military Department for capital construction for six-year period beginning July 1, 2011. Increases expenditure limitations for certain previously authorized projects. Limits for six-year period beginning July 1, 2011, payment of expenses from bond proceeds and other revenues, including federal funds, collected or received by Oregon University System for capital construction within Oregon University System. Authorizes sale of bonds under Article XI-G of Oregon Constitution for previously approved projects. Specifies that Legislative Assembly determines that projects financed by bonds issued under Article XI-F(1) of Oregon Constitution benefit higher education institutions or activities. Sets expiration date on project approvals and expenditure limitations. Extends expiration dates for certain projects. Approves proposed sale of certain armories and facilities. Declares emergency, effective on passage. http://www.leg.state.or.us/11reg/measpdf/hb5000.dir/hb5006.en.pdf Title: H.B. 5006 Source: http://www.leg.state.or.us ME Signed into law 07/2011 P-12 Authorizes the approval of additional school construction projects by school districts seeking to use an alternative delivery method for a school construction project. Requires such a project to be locally funded, have a minimum total project cost of $2,500,000 and have an executed contract between the school administrative unit and the project designer dated prior to October 1, 2016. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PS17.asp Title: H.P. 413 Source: http://www.mainelegislature.org OH Signed into law 06/2011 P-12 Postsec. Sections 9.33 to 9.335: Makes certain provisions related to a public authority's contracting for construction (that are already applicable to school districts) applicable to any state institution of higher education. Defines "construction manager at risk" as a person with substantial discretion and authority to plan, coordinate, manage, direct and construct all phases of a project for the construction, demolition, alteration, repair or reconstruction of any public building, structure or other improvement and who provides the public authority a guaranteed maximum price. Defines "open book pricing method" as a method in which a construction manager at risk provides the public authority, at the public authority's request, all books, records, documents, and other data in its possession pertaining to the bidding, pricing, or performance of a construction management contract awarded to the construction manager at risk. In provisions related to negotiating with a construction manager or a construction manager at risk, specifies that nothing affects a public authority's right to accept or reject any or all proposals in whole or in part. Creates similar provisions for a public authority's selection of a construction manager at risk; requires among other provisions that the contract negotiations be directed toward agreeing upon a procedure and schedule for determining a guaranteed maximum price using an open book pricing method that must represent the total maximum amount to be paid by the public authority to the construction manager at risk for the project. Requires a construction manager at risk to provide a surety bond to the public authority before beginning construction. Section 153.01: Releases from specified requirements any construction management contract entered into with a construction manager at risk, or a design-build contract entered into with a design-build firm as described in section 153.693. Increases the minimum cost of a project that would trigger reporting requirements of 153.01 from $50,000 to $200,000, or the amount determined pursuant to 153.53. Section 153.02: Specifies that the director of administrative services may debar a contractor on the director's own initiative or upon request of the Ohio school facilities commission. Permits a contractor to be debarred from contract awards for projects as defined in Section 3318.01 ("a project to construct or acquire classroom facilities, or to reconstruct or make additions to existing classroom facilities, to be used for housing the applicable school district and its functions"). Pages 38-43 and 306-307 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf Title: H.B. 153 - K-12 and Higher Education Construction Contracts Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Postsec. Directs public entities (including a state agency and a state institution of higher education), upon completion of a capital facilities project funded wholly or partially through state funds, to submit a report about the project to the director of administrative services. Requires that the report provide the total original contract bid, total cost of change orders, total actual cost of the project, total costs incurred for mediation and litigation services, and any other data requested by the director. Provides that this reporting requirement applies to any capital facilities project completed on or after July 1, 2011, with the exception of facilities projects funded wholly or in part through appropriations made to the Ohio school facilities commission, the Ohio public works commission, or the Ohio cultural facilities commission, or for which a joint use agreement has been entered into with any public entity. Requires the attorney general to report annually, beginning by July 2012, on any mediation and litigation costs associated with capital facilities projects for which a judgment has been rendered. Pages 197-198 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf Title: H.B. 153 - Reporting on Costs of Capital Facilities Projects Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Permits a regional council to enter into a contract that establishes a unit price for materials, labor, services, overhead, profit, and associated expenses for the repair, enlargement, improvement or demolition of a building or structure if the contract is awarded pursuant to a school district's competitive bidding procedure. Pages 341-342 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf Title: H.B. 153 - Unit Prices Established in Contract Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Repeals certain language related to unused school property. Adds new language requiring districts to offer unused school facilities (that have not been used for two years) for lease or sale to the governing authorities of community schools located in the school district. Establishes procedures for the purchase of such property. Provides that if no community school governing authority accepts the offer to lease or buy the property within 60 days after the offer is made, the district board may offer the property to any other entity. Pages 117 and 119-120 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Lease or Sale of Unused School Facilities Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Postsec. Permits a district board to rent or lease facilities under its control to any public or nonpublic institution of higher education for the institution's use in providing evening and summer classes. Page 160 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Renting Facilities to Postsecondary Institutions Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Permits the Ohio school facilities commission to provide assistance under the exceptional needs school facilities program to any school district for the purpose of the relocation or replacement of classroom facilities required as a result of any contamination of air, soil or water that impacts the occupants of the facility. Directs the commission to make a determination in accordance with commission-adopted guidelines regarding eligibility and funding for such projects. Authorizes the commission to contract with an independent environmental consultant to conduct a study to assist the commission in making the determination. If the federal government or other public or private entity provides funds for restitution of costs incurred by the state or school district in the relocation or replacement of the classroom facilities, requires the school district to use such funds in excess of the school district's share to refund the state for the state's contribution to the environmental contamination portion of the project. Permits the school district to apply an amount of such restitution funds up to an amount equal to the school district's portion of the project, as defined by the commission, toward paying its portion of that project to reduce the amount of bonds the school district otherwise must issue to receive state assistance. Pages 348-349 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Relocation or Replacement of Classroom Facilities Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Specifies actions after which a district capital project must be considered complete and the Ohio school facilities commission must issue a certificate of completion to the district board of education. Permits the commission to issue a certificate of completion to a district board prior to the satisfaction of all of the conditions specified in legislation, if the commission determines that the circumstances preventing the conditions from being satisfied are sufficiently minor. Permits the commission to issue a certificate of completion to a district board that does not voluntarily participate in the process of closing out the district's project, if the construction manager for the project verifies that all facilities to be constructed, as specified in the project agreement, have been completed and the commission determines that those facilities have been occupied for at least one year. In that case, requires all funds due to the commission be returned within 30 days after receipt of the certificate of completion. If the funds due to the commission have not been returned within 60 days after receipt of the certificate of completion, the auditor of state must issue a finding for recovery against the school district and must request legal action. Specifies that upon issuance of a certificate of completion, the commission's ownership of and interest in the project ceases. Creates the corrective action program to provide funding for the correction of certain publicly-funded work that is found after occupancy of the facility to be defective or to have been omitted. Directs the commission to establish procedures and deadlines for school districts to follow in applying for assistance. Identifies procedures if the the work to be corrected or remediated is part of a project not yet completed. Requires districts to contribute a portion of the cost of the corrective action, regardless of whether the project is completed. Page 355-357 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Facilities Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Creates chapter 3318 regarding college preparatory boarding schools. Defines an eligible student as a student who is entitled to attend school in a participating school district; is at risk of academic failure; is from a family whose income is below 200% of the federal poverty guidelines; meets any additional criteria prescribed by agreement between the state board of education and the operator of the college-preparatory boarding school in which the student seeks enrollment; and meets at least two of various additional conditions indicating the child may be at risk of educational success. Provides that a participating school district may either be the district in which the boarding school is located, or a district that, pursuant to state board procedures, agrees to be a participating school district so that eligible students entitled to attend school in that district may enroll in a college-preparatory boarding school. Provides that no agreement or contract entered into may create an obligation of state funds for more than two years, although the general assembly may authorize renewal of such obligation. Directs the state board to select a private nonprofit corporation that meets specified qualifications to operate each college-preparatory boarding school. Directs the state board to issue an RFP from private nonprofit corporations qualified to operate a college-preparatory boarding school. Identifies information to be included in each RFP response. Specifies that no college-preparatory boarding school may open before the 2013-14 school year. Requires the board of education to enter into a contract with the operator of each college-preparatory boarding school; identifies elements that must be included in the contract, including that the school meet the academic goals and other performance standards specified in the contract. Requires each operator to adopt bylaws for the oversight and operation of the school; requires such bylaws to address specified components. Requires each operator of a college-preparatory boarding school to adopt an outreach program to inform districts about the school and the procedures for admission to the school and for becoming a participating school district. Requires that each college-preparatory boarding school be governed by a board of trustees; provides relative to the establishment of the board of trustees. Permits employees of a college-preparatory boarding school to bargain collectively. Provides relative to suspension from duties of an employee or chief administrator of a school who violate certain provisions, and for licensure suspension or revocation under specified circumstances. Provides relative to the admission of eligible students. In the first year of operation, permits the school to admit no more than 60 students; prohibits the school's student population from exceeding 400 students. Specifies the components that must be included in a college-preparatory boarding school's educational program. Requires a college preparatory boarding school to comply with state and federal laws regarding the provision of special education services to students with disabilities in the same manner as school districts. Directs the department of education to issue an annual report card for each college-preparatory boarding school that includes all information applicable to school buildings under the annual report card for schools. Requires each school and its operator to comply with statutes related to specified accountability provisions for low-performing schools. Identifies data that each college-preparatory boarding school must report to the department of education. Provides for funding formula for college-preparatory boarding schools, which includes the the sum of the amount deducted from a participating school district's account for that child plus the per-pupil boarding amount, which for the first fiscal year for which a boarding school may be established, is $25,000. Provides for the adjustment of the per-pupil boarding amount in subsequent years. Permits the state board to accept funds from federal and state noneducation support services programs to fund the per pupil boarding amount. Specifies that each participating school district is responsible for providing transportation on a weekly basis for each student enrolled in a college-preparatory boarding school to and from that college-preparatory boarding school. Permits the state board to initiate termination procedures if the state board determines that a school is not in compliance with any provision of statute or the terms of the contract, or that the school has failed to meet the academic goals or performance standards specified in that contract. Establishes the college-preparatory boarding school facilities program to provide assistance for the acquisition of classroom facilities for college-preparatory boarding schools. To be eligible to participate, requires a board of trustees to secure at least $20 million of private funds to satisfy its share of facilities acquisition. Requires acquisition of residential and all other non-classroom facilities to be funded through private means. Also provides that a boarding school, its operator and its board of trustees are subject to various provisions applicable to school districts (those provisions on pages 231-232 of bill summary). Boarding school facilities bill text: pages 357-358 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Chapter 3318 bill text: pages 415-432 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Bill summary (pages 226-237): http://www.lsc.state.oh.us/analyses129/11-hb153-129.pdf). Title: H.B. 153 - College-Preparatory Boarding Schools Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Permits the Ohio school facilities commission, upon receipt of a written proposal by the governing body of a STEM school, to provide funding to assist the STEM school in acquiring classroom facilities. Requires the STEM school to pledge at least a matching amount of nonstate funds. Page 358 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Funding for STEM School Facilities Source: www.legislature.state.oh.us HI Signed into law 06/2011 P-12 Permits the Hawaii 3R's School Repair and Maintenance Fund to receive moneys transferred to it from the School-level Minor Repairs and Maintenance Special Fund. http://www.capitol.hawaii.gov/session2011/Bills/SB1383_CD1_.HTM Title: S.B. 1383 Source: www.capitol.hawaii.gov NV Signed into law 06/2011 P-12 Extends the prospective expiration of the temporary waiver from certain requirements governing expenditures of money for textbooks, instructional supplies, instructional software and instructional hardware by school districts, charter schools and university schools for profoundly gifted pupils; providing a temporary waiver from certain requirements governing expenditures of money for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities by school districts. http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB493_EN.pdf Title: A.B. 493 Source: http://www.leg.state.nv.us ME Signed into law 06/2011 P-12 Changes the minimum amount of the cost of school construction, major alteration or repair requiring a competitive bid from over $100,000 to over $250,000. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC352.asp Title: S.P. 110 Source: http://www.mainelegislature.org NE Vetoed 05/2011 P-12 From fiscal note: LB 283 expands an existing authority for school districts to levy property taxes and issue bonds for capital projects to include energy efficiency projects. Schools are limited to a levy of 5.2 cents for certain capital projects which will include energy efficiency projects pursuant to the bill. Energy efficiency projects are defined in the bill. http://nebraskalegislature.gov/FloorDocs/Current/PDF/Final/LB283.pdf Title: L.B. 283 Source: http://nebraskalegislature.gov AL To governor 05/2011 P-12 Legislature resolved to work with governor and state superintendent of education to provide funding for tornado-damaged schools. Title: H.J.R. 460 Source: AZ Signed into law 04/2011 P-12 Removes the statutory restrictions on the use of Soft Capitol Allocation (SCA) monies. Allows, as session law, 50% of unemnumbered ECA credits to be spent for short term capital items such as technology, textbooks, library resources, instructional aids, pupil transportation vehicles, furniture and equipment in FY 2012 and 2013 only. Schools may only use unencumbered ECA credits received before tax year 2011 for these purposes. Schop;s must also report these expenditrues to Joint Legislative Budget Committee at the end of each fiscal year. Specifies that if a public school has unspent ECA contributions that were previously designated for a specific purpose or program and that purpose or program has been discontinued or has not been used for two consecutive fiscal years, those contributions are considered undesignated monies in the following fiscal year. Requires a public school that received fees or a cash contribution to additionally report their dollar amount of fees, categorized by specific extra curricular activity or character education program. Title: H.B. 2301 Source: http://www.azleg.gov/ CA Signed into law 03/2011 P-12 Extends through the 2014-15 fiscal year the temporary provision that reduces the deposit that districts applying for ongoing and major school maintenance must make from 3% to 1% of the district's total general fund expenditures. Continues through the 2014-15 fiscal year the provision that exempts from this 1% requirement a district that maintains its facilities in good repair . Pages 29-30 of 81: http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0051-0100/sb_70_bill_20110324_chaptered.pdf Title: S.B. 70 - Sec. 17070.766 Source: www.leginfo.ca.gov VA Signed into law 03/2011 P-12 Postsec. Provides that whenever a responsible public entity rejects a proposal initiated by a private entity that purports to develop specific cost savings, the public entity shall specify the basis for the rejection. http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0308 Title: S.B. 1127 Source: http://lis.virginia.gov KY Signed into law 03/2011 P-12 Directs the department of education to determine urgent and critical construction needs. Directs the department to provide a funding allocation to a district for a school that is closed to the public because it is structurally unsound or is otherwise uninhabitable as determined by the commissioner of education. Directs the commissioner of education to determine whether the funding allocation should be to retire the unpaid debt on the structurally unsound or uninhabitable building, or to provide the semi-annual debt service payments on the current issue. Provides that when funds are not available, the costs must be deemed a necessary government expense and be paid from the general fund surplus account under KRS 48.700 or the budget reserve trust fund under KRS 48.705. Directs a school district that receives an allotment and subsequently receives funds from litigation or insurance to repay the allotment to the budget reserve trust fund account. Directs the department of education to provide an allotment to any district with a school that was closed in 2010 because it is structurally unsound and has a bond that has not been retired. http://www.lrc.ky.gov/record/11RS/HB428/bill.doc Title: H.B. 428 Source: www.lrc.ky.gov CA Signed into law 09/2010 P-12 Authorizes the California Department of Education (CDE) and the California School Financing Authority (CSFA) to assign and distribute the state's 2010 federal tax credit bond volume cap for qualified school construction bonds (QSCB). Authorizes charter schools to participate, and sets eligibility criteria and requirements for charter schools. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_2551-2600/ab_2560_bill_20100924_chaptered.pdf Title: A.B. 2560 Source: www.leginfo.ca.gov CA Signed into law 09/2010 P-12 Defines the standards and methodologies to be used on performance audits for funds related to certain school facilities projects. Requires that such audits be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1451-1500/sb_1473_bill_20100924_chaptered.pdf Title: S.B. 1473 Source: www.leginfo.ca.gov CA Vetoed 09/2010 P-12 From bill summary: Requires school facilities constructed or modernized with specified bond funds set aside for career technical education purposes to be used for career technical education purposes for a minimum of 5 years. Requires the governing board of an applicant school district to adopt a resolution stating the intent to use those facilities for career technical education purposes and provide certification of that use during the first year of occupation. Authorizes the governing board of a school district to seek a waiver of the career technical education use requirement from the state allocation board if the facility or educational program of the school district changes during the initial 5 years of use and specifies criteria by which to evaluate the waiver request. Requires the governing board of school districts with projects approved by the board to meet the evaluation criteria. Encourages school districts applying for a career technical education grant to include teachers of career technical education and members of the local career technical education advisory committee in the design and planning process. Authorizes up to 25% of the funds provided for equipment to be used for the purchase of items or equipment with a life expectancy of at least 5 years. Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1351-1400/sb_1380_bill_20100831_enrolled.pdf Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z5mlr2sx995j5r?&_c=d|yvcee9xanplikz|z5msx9bcq0v1fm&_ce=1285799832.2acfab433c57fecabae78fd24c6be07f Title: S.B. 1380 Source: www.leginfo.ca.gov IL Signed into law 07/2010 P-12 In provisions concerning early childhood construction grants, provides that a public school district or other eligible entity must provide local matching funds in an amount equal to 10% of the grant (rather than the amount of the grant). Provides that the Capital Development Board may adopt rules that include requirements that new or improved facilities be used for early childhood and other related programs for a period of at least 10 years. Provides that when grants are made to non-profit corporations for the acquisition or construction of new facilities, the Capital Development Board or any state agency it so designates must hold title to or place a lien on the facility for a period of 10 years after the date of the grant award, after which title to the facility must be transferred to the non-profit corporation or the lien must be removed, provided that the non-profit corporation has complied with the terms of its grant agreement. Provides that when grants are made to non-profit corporations for the purpose of renovation or rehabilitation, if the non-profit corporation does not comply with the requirement that new or improved facilities be used for early childhood and other related programs for a period of at least 10 years, the Capital Development Board or any state agency it so designates must recover the grant pursuant to the procedures outlined in the Illinois Grant Funds Recovery Act. http://www.ilga.gov/legislation/publicacts/96/PDF/096-1402.pdf Title: S.B. 3460 Source: www.ilga.gov IL Signed into law 07/2010 P-12 Amends the School Construction Law. Requires the grant index to be calculated for each of the school districts forming a reorganized school district or cooperative high school if certain conditions are satisfied within the current or prior 2 fiscal years. Requires the total enrollment of member districts forming a cooperative high school to meet certain minimum enrollment requirements. Authorizes a reorganized school district or cooperative high school to use a school construction application that was submitted by a district that formed the reorganized district or cooperative high school if that application has not been entitled for a project by the state board of education and any certain conditions are satisfied within the current or prior 2 fiscal years. Provides that a new elementary district formed from a school district conversion may use only the application of the dissolved district whose territory is now included in the new elementary district and must obtain the written approval of the local school board of any other school district that includes territory from that dissolved district. Provides that a new high school district formed from a school district conversion may use only the application of any dissolved district whose territory is now included in the new high school district, but only after obtaining the written approval of the local school board of any other school district that includes territory from that dissolved district. Provides that a cooperative high school must, under certain circumstances, obtain the written approval of the local school board of the member school district whose application it is using. http://www.ilga.gov/legislation/publicacts/96/PDF/096-1381.pdf Title: H.B. 5633 Source: www.ilga.gov GA Adopted 07/2010 P-12 Amends provisions governing approval of all sites to be used for instructional purposes, design of all new educational facilities, additions, renovations, and modifications to all existing educational facilities, reimbursement of state funds for approved funded projects, and the process for closing an educational facility. Rule: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-4-.16.pdf Related guidelines: http://www.gadoe.org/fbo_facilities.aspx?PageReq=FBOFacilitiesInfo Title: 160-5-4-.16 Source: www.doe.k12.ga.us FL Signed into law 07/2010 P-12 Repeals the SMART Schools Clearinghouse. Directs the Office of Educational Facilities (rather than the SMART Schools Clearinghouse) to monitor district facilities work programs. Establishes priority criteria for awarding of School Infrastructure Thrift (SIT) Awards to districts. Increases minimum construction costs that make a site eligible for a SIT Program award. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h7037er.docx&DocumentType=Bill&BillNumber=7037&Session=2010 Title: HB 7037 - Secs. 11-20 Source: http://www.myfloridahouse.gov IL Signed into law 06/2010 P-12 Authorizes any two or more school districts to form an agency, by establishment of an intergovernmental agreement, to acquire and construct facilities designed to convert wind or solar power to energy. Identifies elements that must be addressed in the intergovernmental agreement. Establishes powers and duties of an agency, including (1) purchasing or selling, or investigating the desirability of and necessity for additional means of providing electrical energy from wind sources of any kind and (2) issuing bonds to provide sufficient funds to cover the costs of such projects. http://www.ilga.gov/legislation/96/HB/PDF/09600HB6419lv.pdf Title: H.B. 6419 Source: www.ilga.gov NH Signed into law 06/2010 P-12 Requires school districts to investigate feasible options in the course of deciding to renovate or replace an existing school building. Provides that acquisition of additional land as part of any school renovation project shall not be required unless such additional land is necessary to ensure the safe flow of traffic for school buses or other vehicles entering or exiting school grounds, or the safe boarding or discharge of children using school buses or other vehicles. Requires plans for construction or renovation of school buildings to comply with effective statewide planning and the principles of smart growth. http://www.gencourt.state.nh.us/legislation/2010/SB0059.html Title: S.B. 59 Source: http://www.gencourt.state.nh.us GA Signed into law 05/2010 P-12 Provides that specific provisions allowing districts to receive state funds for capital outlay projects will be repealed effective June 30, 2015. http://www.legis.state.ga.us/legis/2009_10/pdf/hb905.pdf Title: H.B. 905 Source: www.legis.state.ga.us AZ Signed into law 05/2010 P-12 AN ACT amending section 15[ ] 2041, Arizona Revised Statutes, as amended by Laws 2010, chapter 17, section 20. Allows the school facilities board (SFB) to require a school district to sell land that was previously purchased entirely with monies provided by the SFB if the SFB determines that the property is no longer needed for a new school or for an addition to an existing school within a 10 year period. Prohibits a school district from using land purchased or partially purchased with monies provided by the SFB for a purpose other than a site for a school facility without obtaining prior written approval from the SFB. Prohibits a school district to lease, sell, or take any action that would diminish the value of land purchased or partially purchased with monies provided by the SFB without obtaining prior written approval from the SFB.  Chapter 301  http://www.azleg.gov/legtext/49leg/2r/bills/sb1187h.pdf  Title: S.B. 1187 Source: http://www.azleg.gov IL Adopted 05/2010 P-12 These proposed amendments make numerous changes to the way in which the Temporary Relocation Program operates that respond to various circumstances that school districts have encountered over the last several years. Under this program, a school district may receive a loan to assist with both the direct and indirect costs of moving students to a temporary location due to natural or man-made disasters that destroy or make a school building uninhabitable. As a condition of receiving the loan, a district must levy a tax for this purpose and pledge the proceeds from that levy, as well as from any insurance proceeds received, to repay the loan. Pages 230-239 of http://www.cyberdriveillinois.com/departments/index/register/register_volume34_issue19.pdf Title: 23 IAC 145.10, .20, .30, .50, .60 Source: www.cyberdriveillinois.com HI Signed into law 04/2010 P-12 Repeals the school-level minor repair and maintenance account and reporting requirements. Requires the department of education to annually report to the director of finance and the legislature the total amount of funds in the school-level minor repair and maintenance special fund that is carried over to the following fiscal year. http://www.capitol.hawaii.gov/session2010/Bills/SB2117_SD1_.HTM Title: S.B. 2117 Source: www.capitol.hawaii.gov KY Signed into law 04/2010 P-12 Defines "efficient school design". Enumerates the public benefits of schools constructed or renovated using efficient school design. Creates new sections to support and encourage the construction and renovation of school buildings using efficient design concepts. Strongly encourages the department of education and districts to (1) Meet or exceed efficient school design standards in planning and designing all new buildings and major renovation projects; (2) Use life-cycle cost analysis to evaluate different design proposals; (3) Consider the possibility that each new school building or major renovation of a building could be a net zero building, either during the construction or renovation, or at a later date as resources become available. Creates the Kentucky efficient school design trust fund, to be administered by the department of education, to to offset any initial additional cost associated with the construction or renovation of school buildings using efficient school design. Directs the state board to establish in administrative rules how a school district may qualify for and use funds from the account. Requires the department of education to develop and publish guidelines for efficient school design. Directs the department of education and department for energy development and independence to assist districts in: (1) Developing methods for measuring ongoing operating savings resulting from the use of efficient school design (2) Identifying sources for training for school staff and students to ensure that efficient school design features and components are fully utilized (3) Identifying ways that efficient school design and its energy-saving components can be integrated into the school curriculum. Directs the department of education and department for energy development and independence to submit an annual report to the legislative research commission and the governor that includes: (1) An assessment of the implementation of efficient school design within Kentucky's education system (2) Documented energy savings from any buildings built using efficient school design or net zero school buildings in operation (3) A list of the new or renovated school buildings completed or identified for future construction during the prior year using efficient school design, including total project cost, additional cost or savings, if any, associated with efficient school design features, and efficient school design features included in the project (4) A list of all school buildings that operate as a net zero building, and school buildings which school districts plan to convert to net zero; requires that the list include the total cost associated with the school building becoming a net zero building, and the components that will be installed to make the building a net zero building (5) Any recommendations relating to efficient school design (6) A list of new school buildings completed during the prior year without using efficient school design and an explanation of why efficient school design was not used. Directs the department of education, beginning in the 2011-12 fiscal year, to standardize the process for evaluating the overall quality and condition of school buildings statewide. Requires that the evaluation process: (1) Result in consistent categorization of buildings for local planning purposes and for the distribution of state general fund moneys designated for capital construction (2) Be based on measurable, objective criteria (3) Include numerical scoring with weights to recognize building components and characteristics that address specified components. Directs the state board to adopt administrative rules upon recommendation of the Kentucky Department of Education and the School Facilities Construction Commission to implement this requirement. By June 2011, directs the department of education to determine the estimated amount of money that districts are spending on architect and engineering evaluations in preparation of the existing district facility plans and report that amount to the Interim Joint Committee on Education and the Interim Joint Committee on Appropriations and Revenue. By January 15, 2011, directs the Kentucky Department of Education to issue an RFP for contracting with a third party for evaluating the overall quality and condition of all school buildings across the state, as called for in this legislation. http://www.lrc.ky.gov/record/10RS/SB132/bill.doc Title: S.B. 132 Source: www.lrc.ky.gov AZ Signed into law 04/2010 P-12 AN ACT Amending title 15, chapter 3, article 3, Arizona Revised Statutes, by adding section 15[ ] 342.01; amending section 15[ ] 2002, Arizona Revised Statutes; relating to school districts. Stipulates that a school district's routine preventative maintenance guidelines must include plumbing, electrical, heating, ventilation and air conditioning, special equipment, and roofing systems.  Chapter 39. http://www.azleg.gov/legtext/49leg/2r/bills/hb2760h.pdf Title: H.B. 2760 Source: KY Signed into law 04/2010 P-12 Allows nonprofit entities (including school boards) to lease land from any government entity or agency for purposes of constructing a school building. Provides the lease must be for 1 year but may be extended from year to year for a minimum of 50 years. http://www.lrc.ky.gov/record/10RS/SB114/bill.doc Title: S.B. 114 Source: www.lrc.ky.gov CA Adopted 11/2009 P-12 Amends rules concerning the Leroy F. Greene School Facilities Act of 1998 as it relates to the Charter and Critically Overcrowded School (COS) Facilities programs. Prevents preliminary apportionments from expiring, thereby preserving the ability for school districts and charter schools to convert to final apportionments in the future. Title: Title 2 CCR Sec(s) 1859.2, 1859.121, 1859.148.2, 1859.164.2,1859.166.2, 1859.197 Source: Lexis-Nexis/StateNet CA Signed into law 10/2009 P-12 Relates to the Leroy F. Greene School Facilities Act, which requires the state allocation board to allocate funding to school districts for school facilities and requires the board to determine the maximum total new construction grant eligibility of an applicant. New provision requires an increase made to the per-unhoused-pupil grant amounts also to be made to the per-unhoused-pupil who is a qualifying individual with exceptional needs grants amounts. Relates to funding for exceptional needs pupils. http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0301-0350/sb_334_bill_20091011_chaptered.pdf Title: S.B. 334 Source: www.leginfo.ca.gov CA Vetoed 10/2009 P-12 Requires the department of general services to distribute information on the use of constructability reviews of plans and specifications used for the construction of school facilities and the potential for cost savings that may be realized by the use of such reviews. States legislative intent that the department of general services incorporate this information into existing venues and schedules of communication that the department has established with school districts as a result of its role in the review and approval of school construction plans. Defines "constructability review" as a cost control technique by which the project plans and specifications are reviewed to identify potential claim or problem areas and deficiencies in the plans and specifications that may occur as a result of errors, ambiguities, omissions, discrepancies and conflicts in the plans and specifications. Provides that one or more professionals, including mechanical, electrical, structural, or construction professionals would be authorized to conduct a review. Bill: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1101-1150/ab_1120_bill_20090910_enrolled.pdf Veto message: http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_1101-1150/ab_1120_vt_20091012.html Title: A.B. 1120 Source: www.leginfo.ca.gov RI Signed into law 10/2009 P-12 Approves, pursuant to the American Recovery and Reinvestment Act, the issuance of Qualified School Construction Bonds in the form of lease revenue bonds or other evidences of indebtedness by the Providence Public Buildings Authority to provide funding for Warm, Safe and Dry projects in Providence public schools including remediation of fire code violations, and repair, replacement, improvement and installation of roofs, heating, ventilation, air conditioning and fire alarm systems. http://www.rilin.state.ri.us/billtext09/housetext09/h6328.pdf Title: H.B. 6328 Source: http://www.rilin.state.ri.us/ IL Signed into law 08/2009 P-12 Defines school district to include a jointly owned Type 40 area vocational center, if a joint agreement includes language that specifies how a debt obligation is to be paid, including in the event that an entity withdraws from an agreement. Specifies school construction grant eligibility requirements for a vocational center. Provides that a vocational center must be placed last on the priority listing of eligible entities. Provides for calculation of the amount of the grant. http://www.ilga.gov/legislation/96/SB/PDF/09600SB1926lv.pdf Title: S.B. 1926 Source: Lexis-Nexis/StateNet NY Signed into law 08/2009 P-12 Extends sunset date of New York City School Construction Authority Act to June 30, 2014. http://assembly.state.ny.us/leg/?bn=A08903&sh=t Title: A.B. 8903 - New York City School Construction Authority Act Source: assembly.state.ny.us OH Signed into law 07/2009 P-12 Directs the executive director of the Ohio school facilities commission, at the state superintendent's request, to advise the superintendent of demands upon and other issues related to existing classroom facilities that may arise due to new operating requirements specified in the rules adopted under section 3306.25 of the Revised Code establishing expenditure and reporting standards for operating funds paid under Chapter 3306 of the Revised Code. Page 1345 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3318.312 Source: www.legislature.state.oh.us OH Signed into law 07/2009 P-12 Makes various changes to the accelerated urban school building assistance program for Big Eight districts. Amends provisions related to the bonded indebtedness of joint vocational school district boards Pages 1351-1354 of 3120: http://www.legislature.state.oh.us/BillText128/128_HB_1_EN_N.pdf Title: H.B. 1 - Section 3318.38, 3318.44 Source: www.legislature.state.oh.us OR Signed into law 06/2009 P-12 Establishes Oregon School Facilities Task Force; directs task force to study status of public school facilities and make recommendations for funding mechanisms that will meet capital needs of public school facilities; appropriates moneys from General Fund to Oregon Department of Administrative Services for purpose of task force; sunsets task force on January 2, 2012; declares emergency, effective on passage. http://www.leg.state.or.us/09reg/measpdf/hb2000.dir/hb2013.en.pdf Title: H.B. 2013 Source: http://www.leg.state.or.us TX Signed into law 06/2009 P-12 Postsec. Authorizes an institution of higher education to make available underused classrooms for use by a public junior college for teaching core courses or continuing education courses. Permits institution of higher education to charge another institution for the use of a classroom. http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00746F.pdf Title: H.B. 746 Source: www.legis.state.tx.us TX Signed into law 06/2009 P-12 Postsec. Authorizes a school district and an institution of higher education located wholly or partially in the county in which the district is located to contract for the district to pay a portion of the costs of designing or building an instructional facility or stadium or other athletic facilities owned by or under the control of the institution of higher education. Provides for such a partnership only if both parties enter into a written agreement authorizing the district to use the facility. Authorizes one or more districts to enter into an agreement with an institution of higher education for the district(s) to pay a portion of the costs of the design, improvement or construction of an instructional facility owned by or under the control of the institution of higher education. Provides for such a partnership only if both parties enter into a written agreement authorizing the district to use that facility, including authorizing the enrollment of district students in courses offered at that facility. Pages 72-73 of 108: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB03646F.pdf Title: H.B. 3646 - Section 74 Source: www.legis.state.tx.us IN Signed into law 05/2009 P-12 Establishes the geothermal conversion revolving fund for the purpose of making loans to school corporations; requires a school corporation to enter into a loan agreement with the bank before receiving a loan from the revolving fund; provides that a political subdivision or its agencies may participate in a utility efficiency program or enter into a guaranteed savings contract; provides that a conservation measure includes installation of insulation in a political subdivision's facility. Public Law No. 99 http://www.state.in.us/legislative Title: H.B. 1669 Source: http://www.state.in.us ND Signed into law 05/2009 P-12 During the 2009-10 school year and at least once every eight years thereafter, each district is required to obtain an appraisal of its buildings and its facilities, and an inventory of their contents. Requires annual review the terms of any insurance policies providing coverage for its buildings, its facilities, and their contents and ensure that there are in place policies sufficient to provide in full for the repair or replacement of the buildings, its facilities, and their contents, in the event of a loss. Requires districts to annually certify that they are in compliance. http://www.legis.nd.gov/assembly/61-2009/bill-text/JARF1000.pdf Title: H.B. 1400 - Section 10, Insurance Source: http://www.legis.nd.gov IA Signed into law 04/2009 P-12 Postsec. Modifies provisions for facilities qualifying for wind energy production and renewable energy tax credits; provides for use by a private college, university, community college, institution under the control of the state board of regents, public or accredited nonpublic elementary and secondary school, public hospital or for the applicant's own use, of wind turbines with a specified capacity; amends provisions regarding city and county ordinances. http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&ga=83&menu=text&hbill=SF456 Title: S.B. 456 Source: http://coolice.legis.state.ia.us WA Signed into law 04/2009 P-12 Renames components of the formula for allotment of appropriations for school plant facilities; adopts more accurate and descriptive names for the components of the state funding formula for the allotment of appropriations for school plant facilities, as recommended by the joint legislative task force on school construction funding, to promote clarity and transparency in the funding formula. Chapter 129 http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202009/5980.SL.pdf Title: S.B. 5980 Source: http://apps.leg.wa.gov KY Signed into law 03/2009 P-12 Permits growth districts to request adjustments in the SEEK funds when average daily attendance in the current year for the 20-day school month with the most days in January exceeds the prior year's adjusted average daily attendance plus growth by at least 1%. Prescribes how the state portion of the SEEK program is calculated regarding the value of real estate. Authorizes the district to request to use capital outlay funds to purchase school buses or increased operational expenses. http://www.lrc.ky.gov/record/09RS/HB408/bill.doc Title: H.B. 408 Source: Lexis-Nexis/StateNet KY Signed into law 03/2009 P-12 Allows school districts to apply to the commissioner of education to use capital outlay funds to purchase land, modify an existing school, and for maintenance or property insurance. Allows growth districts to apply for capital outlay funds for operating expenses for two years after a new school opens. Allows the levy for school facilities currently dedicated for the Facilities Support Program to be used to purchase land if approved. http://www.lrc.ky.gov/record/09RS/HB295/bill.doc Title: H.B. 295 Source: Lexis-Nexis/StateNet WY Adopted 02/2009 P-12 Amends rules regarding the development of long range comprehensive school building and facility plans for each district. Title: Chapter 4 Source: Lexis-Nexis/StateNet WA Signed into law 02/2009 P-12 Finances the school construction assistance grant program; authorizes the state finance committee to issue general obligation bonds of the state of Washington in the sum of one hundred thirty-three million dollars, or as much thereof as may be required, to finance the school construction assistance grant program described and authorized by the legislature in the capital appropriations acts for the 2007-2009 and 2009-2011 fiscal biennia. Chapter 6. http://apps.leg.wa.gov/billinfo/summary.aspx?bill=1113&year=2009 Title: H.B. 1113 Source: http://apps.leg.wa.gov CA Vetoed 01/2009 P-12 Postsec. Relates to sufficient textbook requirements, county superintendent revenue limits, school district building maintenance funding, funding for school and community college districts, pupil retention block grants, charter school block grants, pupil oral health assessments, local agency program improvement under the No Child Left Behind program, the High Priority Schools Grant Program, funding for regional occupational centers and programs, school transportation funds, and local education agency budgets. Title: A.B. 4A Source: Lexis-Nexis/StateNet GA Approved by voters 11/2008 P-12 (BALLOT MEASURE SR 996) Proposes an amendment to the Constitution to authorize community redevelopment and authorize counties, municipalities, local boards of education to use tax funds for redevelopment purposes and programs, including the payment of debt service on tax allocation bonds. Title: V. 3 Source: Lexis-Nexis/StateNet CA Signed into law 09/2008 P-12 Authorizes the State Allocation Board to permit an elementary school district, with a certain number of elementary schools, that is located within a high school district with more than a certain number of high schools, has a specified average daily attendance, and that has geographical boundaries encompassing more than a certain number of square miles to calculate its eligibility for new construction funding on a provision that is otherwise applicable only to high school attendance areas. Chapter 723 http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: S.B. 1556 Source: http://www.assembly.ca.gov CA Vetoed 09/2008 P-12 Repeals a provision of the Leroy F. Greene School Facilities Act of 1998 which sets specific per- unhoused-pupil grant eligibility levels. Increases, by a certain percentage, the per-unhoused-pupil grants, including grants for individuals with exceptional needs, that were in effect pursuant to the provision and further increases these grants by a specified percentage on a specified date. Requires the State Allocation Board to increase specified grants made to qualifying individuals with exceptional needs. http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: A.B. 100 Source: http://www.assembly.ca.gov UT Adopted 09/2008 P-12 Repeals rule relating to the State School Building Program. Title: R277-451 Source: Lexis-Nexis/StateNet NH Signed into law 07/2008 P-12 Extends the kindergarten construction aid program until all school districts operate a kindergarten program; allows a school district to elect a construction grant to be applied to the costs of a kindergarten facility; provides classroom transition grants to eligible school districts which do not operate a public kindergarten program and which begin operation of such a program; requires that a school district providing a public kindergarten program as of the beginning of the 2009-2010 school year shall receive, in that same year, an additional adequate education grant amount based on the number of pupils attending kindergarten in the district as of the beginning of the school year. Requires certain school districts to submit a kindergarten implementation plan to the commissioner of the department of education detailing the district's plan to provide a public kindergarten program no later than the beginning of the 2009-2010 school year. http://www.gencourt.state.nh.us/legislation/2008/SB0530.html Title: S.B. 530 Source: http://www.gencourt.state.nh.us LA Signed into law 07/2008 P-12 Authorizes city, parish, and other local public school boards to create public benefit corporations and enter into contracts for the improvement and management of school property. Authorizes any public benefit corporation so created to issue negotiable revenue bonds. Provides that any obligations issued and any financing arrangements entered into are subject to approval by the state bond commission. To facilitate school construction or renovation, authorizes city, parish and other local boards to transfer properties to a public benefit corporation through financing arrangements, including without limitation sales, sale-leasebacks, leases, and lease-leasebacks, provided that no transfer of property may result in such property being used for purposes other than school purposes. Authorizes city, parish and other local public school boards to make loans and guarantee loans to a public benefit corporation or to other third-party entities to construct or renovate schools, subject to the approval of the state bond commission. Provides that any public benefit corporation may act alone or in partnership with any private entity to leverage additional funds not otherwise available to a city, parish, or other local public school board for school construction or renovation, transferred to such public benefit corporation. Provides that for purposes of these provisions, ""city, parish, and other local public school board" includes the Recovery School District. Requires the department of education to report annually to the Joint Legislative Committee on the Budget on the utilization of these provisions based on information provided the department each school year by every school district and public benefit corporation using New Market Tax Credits. http://www.legis.state.la.us/billdata/streamdocument.asp?did=500773 Title: H.B. 1054 Source: www.legis.state.la.us LA Vetoed 07/2008 P-12 Creates the Statewide Educational Facilities Authority in the department of education to provide funding, coordination, assistance and oversight for the repair, renovation and construction of public school facilities. Directs the authority to conduct a statewide assessment of such facilities and develop a formula and mechanism to prioritize applications for funding for local projects submitted by local boards based on best practices. Creates the Educational Facilities Advisory Council to provide advice and input to the Louisiana Statewide Education Facilities Authority board of commissioners to inform policy and funding decisions made by the board. Bill text: http://www.legis.state.la.us/billdata/streamdocument.asp?did=498623 Veto message: http://www.legis.state.la.us/archive/08rs/veto/sb632v.pdf Title: S.B. 632 Source: www.legis.state.la.us NH Signed into law 07/2008 P-12 Makes changes to the process for proration of funds for school building aid grants; transfers authority over questions on the location of school buildings from the county commissioners to the State Board of Education; requires the school building authority to work with the State Board of Education on matters concerning school facilities. http://www.gencourt.state.nh.us/legislation/2008/HB1446.html Title: H.B. 1446 Source: http://www.gencourt.state.nh.us TN Signed into law 06/2008 P-12 Enacts the "Energy Efficient Schools Initiative [EESI] of 2008." Creates an 11 member Energy Efficient Schools Council and sets out the requirements for selection of members, term of members, expenses eligible for reimbursement, purpose of the council, election of officers. Authorizes the Council to hire staff and raise private funds to support initiatives. Authorizes the Council to establish a five member technical advisory committee. Authorizes the council to award grants and loans to school systems for qualifying capital outlay projects. Requires the Comptroller of the Treasury to conduct an annual audit of the council. Establishes a separate energy efficient school fund in the state treasury. http://www.legislature.state.tn.us/bills/currentga/Chapter/PC1188.pdf Title: S.B. 4039 Source: http://www.legislature.state.tn.us KY Signed into law 04/2008 P-12 Relates to use of local district capital outlay funds. Authorizes a district to submit a request to the commissioner of education to use capital outlay funds for maintenance expenditures or for the purchase of property insurance in fiscal year 2008-2009 and fiscal year 2009-2010 without forfeiture of the district's participation in the School Facilities Construction Commission Program. Authorizes a district to submit a request to the commissioner of education to use funds from the per pupil capital outlay allotment to purchase land for a new school or to modify an existing school if the project is included on the district facility plan for completion within eight years. Allows a district that has experienced an increase in adjusted average daily attendance of 20% or more over a five-year period to submit a request to the commissioner of education to use capital outlay funds for the operation of a new school for the first two years following its opening. http://www.lrc.ky.gov/record/08RS/HB514/bill.doc Title: H.B. 514 Source: www.lrc.ky.gov WI Signed into law 03/2008 P-12 Authorizes a school board to construct or acquire, own, operate, and maintain a renewable resource facility. The energy generated by the facility may be used for school district facilities or th board may sell the energy generated by the facility at wholesale, if the school board's share of the installed capacity of the facility does not exceed 5 megawatts and the school board incorporates information about the facility in its curriculum. http://www.legis.state.wi.us/2007/data/AB-625.pdf Title: A.B. 625 Source: www.legis.state.wv.us NM Signed into law 03/2008 P-12 Relates to public school facilities; amends the Public School Capital Outlay Act; creates the Public School Facility Opportunity Fund; authorizes grants from the Fund to certain school districts for certain purposes; provides supplemental funding for projects in certain school districts; reduces the offset from a grant award for certain appropriations made for joint use with a governmental entity; changes the procedure for making payments for expenditures incurred to inspect and permit projects. http://legis.state.nm.us/Sessions/08%20Regular/final/SB0146.pdf Title: S.B. 146 Source: http://legis.state.nm.us/LCS/default.asp ME Approved by voters 11/2007 Postsec. Community College (QUESTION 3; P.L. 39-2007) Authorizes issuance of bonds for interior and exterior building renovations, improvements and additions at all campuses of the Community College System, the Maritime Academy and the University of Maine System, to replenish the School Revolving Renovation Fund for school repairs and renovations and to support capital improvements for cultural and educational assets; requires electorate approval. Title: V. 3 Ballot Initiative Source: http://www.maine.gov/sos/ CA Vetoed 10/2007 P-12 Requires the State Allocation Board to provide a grant for 50% of the replacement cost of an existing building to be demolished if a school district proposes to demolish the existing building and replace it with a multistory building serving the same grade group configuration or a different grade group configuration on the same or a separate site, and if the total cost of all new multistory buildings included in the total project is equal to or less than the total cost of providing a new school facility. http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1401-1450/ab_1450_bill_20070919_enrolled.pdf Veto message: http://info.sen.ca.gov/pub/07-08/bill/asm/ab_1401-1450/ab_1450_vt_20071014.html Title: A.B. 1450 Source: http://info.sen.ca.gov CA Vetoed 10/2007 P-12 Authorizes the Chino Valley Unified School District to transfer specified surplus property owned by the school district to the City of Chino Hills, in the County of San Bernardino, upon payment to the district by the city and the execution of an agreement between the school district and the city for development of the property into a park. Requires the property to revert to the school district, if the property ceases to be used for parks and recreation purposes. http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0751-0800/sb_789_bill_20070906_enrolled.pdf Veto message: http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0751-0800/sb_789_vt_20071013.html Title: S.B. 789 Source: http://info.sen.ca.gov IL Veto overridden: legislature has overridden governor's veto 10/2007 P-12 Creates the "school facility occupation tax". This tax for up to 1% of the cost of business transactionsmust be voted on in a county wide referendum, and all revenue must be used to support the construction or maintenance of school facilities. Bill: http://www.ilga.gov/legislation/95/SB/PDF/09500SB0835lv.pdf Governor's veto message: http://www.ilga.gov/legislation/95/SB/PDF/09500SB0835gms.pdf Title: S.B. 835 Source: www.ilga.gov/legislation CA To governor 09/2007 P-12 Relates to the Leroy F. Greene School Facilities Act, that provides a school district's eligibility for new construction funding is determined by making calculations related to certain factors. Authorizes the State Allocation Board to supplement a funding projection with modified weighting mechanisms and an adjustment to reflect the efforts of changes in birth rates. Authorizes school district to submit an enrollment projection for either the 5th or 10th year beyond the fiscal year of the application. Chapter 691 http://www.leginfo.ca.gov/pub/07-08/bill/asm/ab_1001-1050/ab_1014_bill_20070919_enrolled.pdf Title: A.B. 1014 Source: http://www.leginfo.ca.gov/ CA Signed into law 09/2007 Postsec. Deletes the staff development requirement for certificate for instruction delivered in English to limited-English-proficient pupils. Requires the holder of a preliminary multiple subject teaching credential, preliminary single subject teaching credential, or preliminary education specialist credential issued to an out-of-state prepared teacher to meet the basic skills proficiency requirement. Relates to teacher intern training. Relates to facilities funding for private nonprofit research organizations. Chapter 345. http://www.assembly.ca.gov/acs/acsframeset2text.htm Title: S.B. 280 Source: http://www.assembly.ca.gov AL Signed into law 09/2007 P-12 Postsec. Act 2007-415, HB21, is the Education Facilities Excellence Act of 2007. Authorizes the Alabama Public School and College Authority to sell and issue bonds for capital improvements for the support of public education in an amount of $1,070,585,022. The bulk of the funds from this bond issue will be used for facility construction or improvement projects for K-12 schools and higher education buildings. Also creates the Alabama Public School and College Education Incentive Fund and appropriates $55,000,000 from the first bond issue under the act into the incentive fund. No link to full legislation available. Link to Alabama Department of Education Grant Application for Capital Expenditures: http://www.alsde.edu/general/APSCE_Incentive_Fund_GRANT_packet.pdf Title: H.B. 21 Source: MA Signed into law 08/2007 P-12 Relates to streamlining the regional school budget process, capital outlay expenses and a city or town's apportioned share for expenditures. Title: H.B. 586 Source: Lexis-Nexis/StateNet OR Signed into law 07/2007 P-12 Restricts local government power to impose construction excise taxes; authorizes school districts to impose construction taxes; dedicates revenues from such taxes to school construction; authorizes a school district to pledge construction taxes to the payment of obligations issued to finance or refinance capital improvements. Title: S.B. 1036 Source: http://www.leg.state.or.us/07reg/measpdf/sb1000.dir/sb1036.en.pdf NJ Adopted 07/2007 P-12 Amends rules establishing a grant program to fund the State share of the final eligible costs of school facilities projects undertaken by school districts whose district aid percentage is less than 55% and which elect not to have the Corporation construct the school facilities project. http://www.njleg.state.nj.us Title: NJAC 19:32-1 thru -4 Source: http://www.njleg.state.nj.us HI Signed into law 06/2007 P-12 Authorizes the department of education to enter into financing agreements with the agreement of the director and with the approval of the attorney general. Creates a separate account within the state education facilities improvement special fund to be called the lease payments for schools account, to be funded by legislative appropriations and expended by the superintendent of education. http://www.capitol.hawaii.gov/sessioncurrent/Bills/SB1820_CD1_.htm Title: S.B. 1820 Source: www.capitol.hawaii.gov NJ Signed into law 06/2007 P-12 Establishes the New Jersey Schools Development Authority and revises the school construction program established under the Educational Facilities Construction and Financing Act. http://www.njleg.state.nj.us/2006/Bills/A4500/4336_R2.PDF Title: A.B. 4336; S.B. 2796 Source: New Jersey Legislature NV Signed into law 06/2007 P-12 If a municipality proposes to issue or incur general obligation bonds, the proposal must be submitted to the electors at an election. Provides that such a question may authorize the transfer of any excess revenue generated to the fund for capital projects of the school district for the payment of capital projects which can lawfully be paid from that fund. Increases the amount of the guarantee of each school district outstanding at any one time to $40,000,000. http://www.leg.state.nv.us/74th/Bills/AB/AB615_EN.pdf Title: A.B. 615 Source: http://www.leg.state.nv.us/ CO Signed into law 05/2007 P-12 Concerns the creation of the Public School Facilities Equity Act to address the capital construction needs of public schools in the State. Creates the Public School Facilities Act; establishes an advisory committee within the Department of Education for public school capital construction to assist the state board with the administration of grants for capital construction, to assist school districts in identifying capital outlay needs and grant application preparation, to assist districts in implementing the projects paid by the grants including contract negotiations and energy savings. http://www.leg.state.co.us/clics/clics2007a/csl.nsf/fsbillcont3/E99D43C3D65B051787257251007C6120?open&file=041_enr.pdf Title: S.B. 41 Source: Colorado Legislature ND Signed into law 04/2007 P-12 Adds a new section that sets school district size weighting factors -- weighted student units. Another new section establishes minimum and maximum allowable increases for base rate funding. Also revises student unit funding levels for high schools and elementary schools that become unaccredited. Revises how funding is allocated to districts. Revises allocation of funding to students with special needs, including a provision for students choosing to attend out of district: Requires the superintendent of public instruction to reimburse the student's school district of residence for all excess costs (for students who require the greatest school district expenditures) in order to provide them with special education and related services. The excess costs of providing special education and related services to these students are the responsibility of the state and the superintendent of public instruction shall reimburse the school districts for any excess costs (to qualify, costs must exceed four and one-half times the state average cost of education per student. Amends school construction loan provisions. Title: S.B. 2200 (finance provisions) Source: Lexis-Nexis/StateNet NM Vetoed 04/2007 Postsec. Community College Relates to higher education. Provides a threshold amount for capital expenditures. Requires state board of finance approval. http://legis.state.nm.us/Sessions/07%20Regular/final/SB0264.pdf Title: S.B. 264 Source: http://legis.state.nm.us/ VA Signed into law 03/2007 P-12 Postsec. Community College Establishes the Public-Private Partnership Advisory Commission to review and advise responsible public entities that are agencies or institutions of the state on detailed proposals for qualifying projects under the Public-Private Education Facilities and Infrastructure Act of 2002; also requires all responsible public entities to adopt guidelines to guide the selection of projects under the Public-Private Education Facilities and Infrastructure Act containing certain specified provisions; for responsible public entities that are not agencies or institutions of the state, the guidelines must include a mechanism for the appropriating body to review the proposed comprehensive agreement prior to execution under certain circumstances. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+SB756ER Title: S.B. 756 Source: http://legis.state.va.us/ ID Signed into law 03/2007 P-12 From legislative analysis: Raises the cap for the School Bond Guarantee Program when school districts in Idaho access the state's AAA guarantee for voter approved school district bonds. The current cap is three times the amount of the $200 million dollar cash pledge made available by the Public School Permanent Endowment Fund. Currently the guarantee capacity is $600 million dollars, which is totally maxed out - prohibiting any further use of the state's AAA rating by school districts. Raises the cap to four times the Public School Permanent Endowment Fund cash pledge of $200 million dollars (to $800 million). (The rating agencies are comfortable with this move.) Limits the amount that any one school district can access by setting a maximum amount of $20 million dollars per school district, thereby allowing more school districts to participate in the program. Allows two school districts that choose to consolidate to carry forward the aggregate amount ($40 million dollar capacity) to the newly formed joint district, applicable only toward bonds issued after July 1, 2007. Session Law Chapter 89 http://www3.state.id.us/oasis/S1053.html Title: S.B. 1053 Source: www3.state.id.us UT Signed into law 03/2007 P-12 Creates a revolving loan fund for use by school districts to improve energy efficiency in school district buildings. http://le.utah.gov/~2007/bills/hbillenr/hb0351.htm Title: H.B. 351 Source: http://www.le.state.ut.us/ VA Signed into law 03/2007 P-12 Postsec. Community College Allows memoranda, staff evaluations, or other records prepared by the responsible public entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) to be withheld from public disclosure, where if such records were made public prior to or after the execution an interim or a comprehensive agreement, the financial interest or bargaining position of the public entity would be adversely affected. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+SB1002ER Title: S.B. 1002 Source: http://legis.state.va.us/ WV Signed into law 03/2007 P-12 Relates to public school finances; requires local share to be calculated assuming properties are being assessed at sixty percent of market value; increases the limit on revenue generated by the regular school board levy; amends "growth county" definition and clarifies what new property values to include for the purposes of the Growth County School Facilities Act; increases state aid to counties by reducing the percentage used to calculate levies for general current expense purposes subject to exception; provides for a refundable property tax credit for real property taxes paid in excess of a certain percent of income; requires that a library funding obligation created by special act be paid from certain funds; limits a library funding obligation; allows, under certain conditions, a transfer of the library funding obligation so that the obligation is paid from excess levy revenues; voids the library funding obligation under certain conditions; and provides extraordinary sustained increased enrollment impact supplement. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/SB541%20SUB2%20enr.htm Title: S.B. 541 Source: http://www.legis.state.wv.us/ VA Signed into law 03/2007 P-12 Provides that a school board's application to the Board of Education for a loan from the Literary Fund must be signed by the chairman of the governing body and the chairman of the school board; provides that such loans are considered general obligation debts of the governing body. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+HB2350ER Title: H.B. 2350 Source: http://legis.state.va.us/ MS Signed into law 03/2007 Postsec. Community College Authorizes the board of trustees of state institutions of higher learning to authorize universities to lease land at the univeersity for the construction of facilities by private financing for a term of 31 years. Contains requirements for building code compliance, percentage of maximum land to be leased on any campus, number of annual projects and compliance with state bid law requirements. http://billstatus.ls.state.ms.us/documents/2007/html/HB/1200-1299/HB1208PS.htm Title: H.B. 1208 Source: http://billstatus.ls.state.ms.us WY Signed into law 03/2007 P-12 Allows unexpended amounts from major building and facility repair and replacement payments to be earmarked for use in subsequent school years, provided the unexpended amount during any school year does not exceed 10% of the amount of payments distributed to the district that year. http://legisweb.state.wy.us/2007/Enroll/SF0016.pdf Title: S.B. 16 Source: http://legisweb.state.wy.us/2007/bills.htm ND Signed into law 03/2007 P-12 Schools considering construction projects are required to get approval from the state superintendent. If the superintendent denies the request, the district may appeal to the state board. New provisions establish the requirements that the state board must consider in the review: (1) The need for the project; (2) The educational utility of the project; (3) The school district's ability to sustain a stable or increasing student enrollment for a period of time at least equal to the anticipated usable life of the project; (4) The potential use of the project by a future reorganized school district; (5) The capacity of the district to pay for the project; and (6) Any other objective factors relative to the appeal. http://www.legis.nd.gov/assembly/60-2007/bill-text/HANF0300.pdf Title: H.B. 1248 Source: http://www.legis.nd.gov WY Signed into law 02/2007 P-12 Expands major building and facility repair and replacement payments for school districts to include buildings or facilities that would otherwise be treated as a closed building or determined to be surplus if the building or facility is being used for the provision of one of the following programs and the district meets certain requirements: (1) Child care programs certified to operate in the state; (2) Developmental preschool programs receiving state financial assistance for program operations; or (3) Educational programs and services provided through a board of cooperative educational services as defined under state law in which the district is a participant in the cooperative agreement. http://legisweb.state.wy.us/2007/Enroll/SF0014.pdf Title: S.B. 14 Source: http://legisweb.state.wy.us/2007/bills.htm WY Signed into law 02/2007 P-12 Allows district school boards to propose bonds for the purpose of facility repair and maintenance; requires bonding propositions for facility or facility feature enhancements to include a reserve or sinking fund for maintenance. http://legisweb.state.wy.us/2007/Enroll/HB0038.pdf Title: H.B. 38 Source: http://legisweb.state.wy.us/2007/bills.htm HI Signed into law 07/2006 P-12 Increases the funds deposited to the state educational facilities improvement special fund from $45 million to $90 million. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb1891_cd1_.htm Title: H.B. 1891 Source: www.capitol.hawaii.gov NJ Signed into law 07/2006 P-12 Postsec. Community College Raises the cigarette tax rate 17 1/2 cents per pack and changes tobacco products wholesale sales tax on moist snuff to a weight-based tax; provides for a portion of the cigarette tax and tobacco products wholesale sales tax revenues to be appropriated annually to the New Jersey Economic Development Authority for payment of debt service incurred by the authority for school facilities projects. http://www.njleg.state.nj.us/2006/Bills/AL06/37_.PDF Title: A.B. 4705 Source: http://www.njleg.state.nj.us CA Approved by voters 07/2006 P-12 Postsec. Community College (AB 127-Chapter 35, 2006) Enacts the Kindergarten- University Public Education Facilities Bond Act of 2006 which would authorize a specified amount in state general obligation bonds to provide aid to school districts, county superintendents of schools, county boards of education, the California Community Colleges, the University of California and the California State University to construct and modernize education facilities. Title: V. 9 (Prop. 1D) Source: Lexis-Nexis/StateNet HI Signed into law 06/2006 P-12 Amends provisions related to the school-level minor repair and maintenance account. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2704_hd1_.htm Title: S.B. 2704 Source: www.capitol.hawaii.gov HI Signed into law 06/2006 P-12 Provides resources for the repair, maintenance, and renovation of public schools; makes an appropriation for the renovation of classrooms statewide in the department of education. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2956_cd1_.htm Title: S.B. 2956 Source: Lexis-Nexis/StateNet CA Rejected by voters 06/2006 P-12 This act provides for a bond issue in an amount not to exceed a total of six hundred million dollars ($600,000,000) to provide funds for the construction and renovation of public library facilities in order to expand access to reading and literacy programs in California's public education system and to expand access to public library services for all residents of California. Fiscal Impact: State cost of about $1.2 billion over 30 years to pay off both the principal ($600 million) and interest ($570 million) costs of the bonds. One-time local costs (statewide) of about $320 million for local matching contributions. http://www.ss.ca.gov/elections/vig_06/vig_pdf/text_81.pdf Title: Prop. 81 Source: CA Secretary of State CA Signed into law 05/2006 P-12 Postsec. Community College Enacts the Kindergarten-University Public Education Facilities Bond Act of 2006. Authorizes a specified amount in state general obligation bonds to provide aid to school districts, county superintendents of schools, county boards of education, the California Community Colleges, the University of California, the Hastings College of the Law, and the California State University to construct and modernize education facilities. http://www.leginfo.ca.gov/pub/bill/asm/ab_0101-0150/ab_127_bill_20060520_chaptered.pdf Title: A.B. 127 Source: California Legislature KS Signed into law 05/2006 P-12 Defines 'extraordinary declining enrollment' as a district enrollment which has declined during the preceding three school years at a rate of at least 5% per year or by at least 50 students per year, whichever is greater. Bars the board of any district with extraordinary declining enrollment from authorizing the issuance of any bonds for the construction of a new building without having first advised and consulted with the joint committee on state building construction. Following a hearing between the local board and the committee, directs the committee to make a recommendation on the advisability of the proposed issuance of bonds. Requires a copy of the committee's recommendation to be provided to the district and to the state board of education within 15 days of the date of the hearing. Provides that if the joint committee recommends against the issuance of any bonds for the construction of a new building and if the district proceeds to issue bonds for such construction, the district is not entitled to state aid for such bonds. Bill: http://www.kslegislature.org/bills/2006/549.pdf Conference Committee Report Brief: http://www.kslegislature.org/supplemental/2006/CCRB549.pdf Title: S.B. 549 - Section 4 Source: www.kslegislature.org GA Signed into law 05/2006 Postsec. Community College Creates the Georgia Higher Education Facilities Authority as a body corporate and politic, an instrumentality of the state, and a public corporation. Gives the authority power to purchase, lease, hold and dispose of property; appoint an executive director; make and execute contracts, leases, rental agreements, and other instruments to exercise the powers of the authority, including construction contracts; construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects; to make loans; acquire, accept, or retain equitable interests, security interests, or other interests in any property; and to accept loans and to borrow money. Creates sections relating to revenue bonds. Creates the Georgia Higher Education Facilities Authority Committee as a joint committee of the General Assembly. Requires the committee to periodically inquire into and review the operations of the Georgia Higher Education Facilities Authority, and review and evaluate the success with which the authority is accomplishing its duties and functions. http://www.legis.state.ga.us/legis/2005_06/pdf/sb562.pdf Title: S.B. 562 Source: Lexis-Nexis/StateNet AZ Signed into law 04/2006 P-12 Relates to energy cost saving measures; provides that a school district may contract for the procurement of a guaranteed energy cost savings contract with a qualified provider through a competitive sealed proposal process as provided by the procurement practices adopted by the state board of education. http://www.azleg.gov/legtext/47leg/2r/bills/hb2430h.pdf Title: H.B. 2430 Source: Arizona Legislature AR Signed into law 04/2006 P-12 States nine percent of foundation funding must be dedicated by districts to payment of utilities and costs of maintenance and renovation. http://www.arkleg.state.ar.us/ftproot/bills/2006S1/public/SB27.pdf Title: S.B. 27 Source: ID Signed into law 03/2006 P-12 Amends existing law relating to cooperative service agencies to provide that a cooperative service agency may request its member school districts to authorize a levy not to exceed .1% for the purpose of constructing and maintaining cooperative service agency facilities; to provide for continuation of the levy for additional ten year periods upon approval of district electors. http://www3.state.id.us/oasis/H0705.html#engr Title: H.B. 705 Source: Lexis-Nexis/StateNet ID Signed into law 03/2006 P-12 Provides for a $25 million Public School Facilities Cooperative Fund to remediate unsafe school facilities, as a last resort, if the school district has been unable or unwilling to solve the problem. Allows a district to apply to use the fund if they have attempted to pass a bond levy to address the problem and failed. Allows the division of building safety to apply on behalf of a school district, if the district cannot or will not act. State approval of a project, or a modified version of it, automatically refers the approved project to the voters in the district, for one last attempt at bond passage. Failure of the bond then triggers up-front state funding of the project, and directs state supervision of the school district, to last until the project is completed. State funding of a project will also trigger a property tax levy in the school district, the proceeds of which will be deposited back in the Public School Facilities Cooperative Fund. The amount that district taxpayers would pay into the fund would vary, depending on the levy rate, which is recalculated each year, and the district's relative wealth. Wealthier districts with low levy rates would likely pay 100% of the project cost into the fund, while poorer districts with high levy rates would pay less. The levy could run for no more than 20 years, even if the school district share of costs has not been fully paid within that time period. http://www3.state.id.us/oasis/H0743.html#billtext Title: H.B. 743 Section 6 and 12 Source: www3.state.id.us WY Signed into law 03/2006 P-12 Relates to school capital construction; modifies the school district facility planning process; clarifies the procedures regarding review of district plan; specifies a transition. Prohibits any plan from including the abandonment or demolition of any school or school facility unless there has first been a public hearing on the issue. Chapter No. 42. http://legisweb.state.wy.us/2006/Enroll/HB0073.pdf Title: H.B. 73 Source: http://legisweb.state.wy.us NM Signed into law 03/2006 P-12 From Fiscal Note: The bill requires all school districts to have submitted a five-year facilities plan which includes enrollment projections, a current preventative maintenance plan, the capital needs of charter schools located in the district, and projections of facility needs to maintain a full-day kindergarten program prior to PSFA approving school construction or a district letting contracts for school construction. PSFA notes this is consistent with requirements currently in effect for districts applying for grant assistance. Provisions contained in the bill increase the current 3 to 9 percent caps currently in place on the amount of operational cash balances a public school district may retain to 5 to 15 percent depending on total program cost. School districts have complained the caps currently in place are unfair and are causing undue pressure with regard to expenditures which require the district to expend funds prior to requesting reimbursement. The committee substitute also provides for the secretary of education to waive all or a portion of reductions for excess cash balances if the funds are needed to provide a local match or to reduce the districts share of amounts granted for qualified high priority projects. The Senate Finance Committee Substitute for the Senate Education Substitute for Senate Bill 450 is an omnibus public school capital outlay bill making changes to the public school capital outlay (PSCO) program, requiring school district master facilities plans, providing for certain districts to receive assistance in developing and updating five-year facilities plans, providing for capital outlay fund local match assistance for qualified high priority projects, increases statutory caps on school district cash balances, and creates a fund to pay for new school one-time costs. The bill also provides funding to fully implement the lease payment assistance program, provides for use of PSCO funds to demolish abandoned buildings, changes the method with which high growth school construction is addressed, and provides funding to correct deficiencies at the New Mexico School for the Blind and Visually Handicapped and the New Mexico School for the Deaf. Also included in the bill are provisions increasing the SB-9 guarantee from $60.00 to $90.00 per unit, continuing the exempt status of Public School Facilities Authority (PSFA) employees, providing for PSFA to act as its own purchasing agent and creating a study committee and making appropriations. Link to fiscal note: http://legis.state.nm.us/Sessions/06%20Regular/firs/SB0450.pdf Link to bill text (final version): http://legis.state.nm.us/Sessions/06%20Regular/FinalVersions/senate/SB0450FCS.pdf Title: S.B. 450 Source: Lexis-Nexis/StateNet NJ Issued 02/2006 P-12 Creates a new position of oversight of the School Construction Program and a new working group that will oversee a full review of the program and recommend reforms. The governor appointed 6 new members to the Schools Construction Corporation (SCC) Board of Directors. The working group is directed to review "the entire School Construction Program and the laws, regulations and policies governing educational facilities and to develop recommendations for reform" including recommendations for statutory changes. The working group is also charged with recommending immediate changes to improve SCC operations. http://www.state.nj.us/governor/news/news/approved/20060207.html Title: Executive Order No. 3 Source: http://www.state.nj.us NJ Issued 02/2006 P-12 (Executive Order 2006-3) Creates the position of Special Counsel to the Governor for School Construction ("Special Counsel.") The Special Counsel is to be appointed by the Governor.  During the period of appointment the Special Counsel shall also serve as a Special Assistant Attorney General and shall, in consultation with the Attorney General, have access to the support and resources of the Department of Law and Public Safety, including without limitation such clerical and support staff as may be necessary to discharge the responsibilities under this Executive Order. The Special Counsel is authorized to call upon any department, office or agency of State government to provide such information, resources or other assistance deemed necessary. Each department, office, division, and agency of State government is required to cooperate with the Special Counsel and to furnish the Special Counsel with assistance necessary to accomplish the purpose of this Executive Order. The Special Counsel shall serve as the Governor's representative in all matters pertaining to the management and operations of the Schools Construction Corporation and shall serve on the Corporation's Board of Directors in the position designated in Executive Order No. 24 (2002) for a member of the Governor's Executive Staff. http://www.state.nj.us/governor/news/news/approved/20060207.html Title: E.O. 3; (NEW BILL) Source: Lexis-Nexis/StateNet NH Signed into law 07/2005 P-12 This bill provides that a receiving district situated in this state providing an education to pupils from one or more sending districts situated in this state under a contract entered into pursuant to RSA 194:21-a or RSA 194:22, shall be eligible, under certain conditions, to receive annual school building aid grants. Title: S.B. 38 Source: StateNet HI Signed into law 07/2005 P-12 Transfers the management of the state educational facilities improvement special fund and capital improvement and repair and maintenance programs of school facilities to the department of education. Establishes the educational design and construction project assessment fund for the purpose of defraying the costs of carrying out construction projects managed by the department; equitably collecting and distributing moneys for other current expenses associated with capital improvement, repairs and maintenance, and repairs and alterations projects; and specified personnel benefits and reimbursement needs. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb1660_cd1_.htm Title: S.B. 1660 Source: www.capitol.hawaii.gov CO Signed into law 06/2005 Postsec. Specifies that a student who is eligible to receive a stipend may receive a stipend for graduate level courses that apply toward the student's undergraduate degree. Requires the Colorado student loan program to reduce the amount of the stipend per credit hour for all students, if moneys in the college opportunity fund in any fiscal year are not sufficient to pay the rate per credit hour established by the general assembly. Changes for which courses that a student may receive a stipend payment, the courses that count toward the student's 145 lifetime-credit-hour limitation, and provisions relating to waivers of the credit-hour limitation. Allows the Colorado student loan program to authorize an advance from the college opportunity fund to a governing board and, upon such authorization, requires the state treasurer to make the advance without interest to the governing board to assist the governing board in managing its cash flow. Requires an advance to be repaid within the same state fiscal year in which the advance is made. Authorizes a governing board to approve and commence, without prior approval of the Colorado commission on higher education, capital construction projects that are funded without state capital construction or general fund moneys if: The capital construction project costs less than 5 million dollars; and the institution for which the capital project is being constructed has been designated as an enterprise. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/A4058D1E27570DC987256F7E0059EAA8?Open&file=132_enr.pdf Title: S.B. 132 Source: StateNet TX Signed into law 06/2005 P-12 Repeals the Public School Facilities Funding Act. From analysis: School Facilities Act was established in 1989 to be administered by the Bond Review Board. The board was authorized to issue bonds and place the proceeds in the public school facilities fund. The original intent of the legislation was to address concerns over the Internal Revenue Service (IRS) arbitrage rules fearing the Permanent School Fund (PSF) would no longer be allowed to guarantee school district bonds. Therefore, the state was given the ability to issue bonds to buy school district bonds thereby conferring the state's credit rating on the transaction. The 1990 IRS ruling alleviated all fears therefore the legislation has not been used. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=01106&VERSION=3&TYPE=A Title: H.B. 1106 Source: http://www.capitol.state.tx.us/ TX Vetoed 06/2005 P-12 Postsec. Community College From bill analysis: Consolidates alternate project delivery processes into a single chapter of the Government Code. This is similar to the legal approach to procurement of professional services, under which the same process applies to all governmental entities procuring services. Expands the types of entities that may use these procedures to include hospital districts, transit authorities, and others. Allows construction manager-at-risk and competitive sealed proposals for construction services to be used for all types of projects including water, wastewater, transportation, utilities and other improvements to real property. Significantly expands the tools that governmental entities (including education entitites) have at their disposal to expedite projects. http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMBER=H&BILLTYPE=B&BILLSUFFIX=02525&VERSION=5&TYPE=B Title: H.B. 2525 Source: http://www.capitol.state.tx.us NH Signed into law 05/2005 P-12 This bill makes an appropriation of $2,730,411 to the department of education for the purpose of fully funding all school building aid projects approved in the 2005 fiscal year http://www.gencourt.state.nh.us/legislation/2005/HB0071.html Title: H.B. 71 Source: StateNet MD Signed into law 04/2005 P-12 Repeals a provision of law requiring the transfer of public school facilities and property from the Mayor and City Council of Baltimore to the Baltimore City Board of School Commissioners; repeals a requirement that prohibits the State from funding capital improvements to public school buildings in Baltimore City after 2009 under specified circumstances. http://mlis.state.md.us/2005rs/billfile/sb0766.htm Title: S.B. 766 Source: StateNet KS Became law without governor's signature 04/2005 P-12 Establishes procedures for local tax levies. Establishes in every district a fund called the teacher salary enhancement fund. Creates a formula for determining a district's cost of living weighting. Authorizes any balance remaining in a district's vocational education fund at the end of the budget year to be carried forward into the vocational education fund for succeeding budget years; makes other changes. Changes ''state prescribed percentage'' to 27% for school year 2005-2006, 29% for school year 2006-2007 and 30% for school year 2007-2008 and each school year thereafter. Allows any district that has adopted a local option budget for school year 2004-2005 in an amount equal to the state prescribed in effect prior to the effective date of this act to adopt a local option budget for school year 2005-2006 in an amount equal to the state prescribed percentage in effect on July 1, 2005, by adoption of a resolution. Such resolution shall not be subject to protest or election. Modifies ''statutorily prescribed mill rate.'' Bars school districts from adopt or renew a resolution imposing a tax levy in excess of the statutorily prescribed mill rate. Creates new sections defining ''extraordinary declining enrollment'' as an enrollment which has declined during the preceding three school years at an average rate of at least 5% or by at least 50 pupils, and setting forth rules for bonds and tax levies in districts experiencing such enrollment losses. States that for school year 2005-2006, districts shall not be paid supplemental general state aid for that portion of the local option budget in excess of the state prescribed percentage in effect prior to the effective date of this act. Bill as enacted: http://www.kslegislature.org/legsrv-bills/showBill.do?id=38800 Fiscal note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=35742 Supplemental note: http://www.kslegislature.org/legsrv-bills/showBill.do?id=37465 Title: H.B. 2247 (section 19-29) Source: www.kslegislature.org AR Signed into law 04/2005 P-12 Defines "design-build," "design-builder" and "design-build contract." Permits any school district to use design-build construction as a project delivery method for the building, altering, repairing, improving, maintaining, or demolishing of any structure, or any improvement to real property owned by a school district. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1093.pdf Title: S.B. 1093 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Amends Arkansas code 6-20-402. Allows a district to terminate a long-term lease agreement at the end of any fiscal year for the district. Requires all school buildings or related facilities to comply with the requirements of the Arkansas School Facility Manual in effect at the time the lease became effective. Permits a district to sublease a school building or facility whenever that building or facility is not being used for educational purposes. Requires rent from a sublease to be placed in the district's general fund; allows rent to be used for any operational or capital purpose. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb1448.pdf Title: H.B. 1448 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 This subchapter is known as and may be cited as the "Arkansas Public School Academic Facilities Funding Act." Determines the value of total assesed valuation of taxable real, personal and utility property in the school district. Establishes the the Academic Facilities Immediate Repair Program to provide school districts with state financial participation for eligible repair projects based on the school district's academic facilities wealth index. Establishes the Academic Equipment Program to support the purchase of eligible academic equipment based on the school district's academic facilities wealth index. Establishes the Transitional Academic Facilities Program to provide state financial participation based on a school district's academic facilities wealth index in the form of reimbursement to a school district for eligible new construction projects for which debt is incurred or funds are spent after January 1, 2005, and on or before June 30, 2006. Under the transitional academic facilities program, a school district may proceed with new construction of an academic facility through the expenditure of local resources prior to the school district's eligibility for state financial participation and may apply the expenditure of local resources after January 1, 2005, and on or before June 30, 2006, toward meeting the school district's share of financial participation in the cost of the new construction project when, and if, the school district becomes eligible for state financial participation. Establishes the Academic Facilities Partnership Program to provide state financial participation based on a school district's academic facilities wealth index in the form of cash payments to a school district for eligible new construction projects. Establishes the Academic Facilities Catastrophic Program to award state financial participation to a school district based on a school district's academic facilities wealth index for eligible catastrophic repair and new construction projects for the purpose of supplementing insurance or other public or private emergency assistance received by or payable to the school district. Requires the Division of Public School Academic Facilities and Transportation to establish formulas, to be updated annually, for determining the basic project cost per student for various types of new construction projects, including new academic facilities; additions to existing academic facilities; and major improvements to academic facilities that bring the state of condition or efficiency of the academic facility to a state of condition or efficiency better than the facility's original condition of completeness or efficiency. Establishes legislative intent that school districts explore collaboration with other districts in pooling equipment, facilities and transportation. Requires the Division of Public School Academic Facilities and Transportation to develop a program to provide emergency loans to eligible high-growth school districts for assistance with excess debt service requirements. Allows a school district to appeal any determination of the Division of Public School Academic Facilities and Transportation under the Arkansas Public School Academic Facilities Funding Act to the Commission on Public School Academic Facilities and Transportation. Effective July 1, 2005, Arkansas Code Title 6, Chapter 20, Subchapter 24 is repealed. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2508.pdf Title: H.B. 2508 Source: www.arkleg.state.ar.us AR Signed into law 04/2005 P-12 Concerns energy savings contracts for school districts. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/sb1095.pdf Title: S.B. 1095 Source: StateNet AR Signed into law 04/2005 P-12 Establishes procedures for the preservation, sale and/or disposal of school buildings in school districts that have been consolidated. Allows a district that determines any real estate it owns or controlls is not required for the district's present or anticipated future needs to donate the property to a non-profit organization if donation thereof would serve a beneficial educational service for the students of the district. Adds providing community programs, social enrichment programs, or after-school programs for students who are from the district or to educate pupils from within the donating school district even if other persons in the community or students from outside the district might also benefit to the purposes that such donated property may fill. States that if the school district donates real property to an entity, the district has right of first refusal to reacquire the real property if the entity decides to sell or otherwise dispose of the real property. States that the school district is not required to compensate the entity for any improvements to real property reacquired in this manner. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/hb2936.pdf Title: H.B. 2936 Source: www.arkleg.state.ar.us NM Signed into law 04/2005 P-12 Relates to public school finance; removes the requirement that a portion of local and federal revenue be used for capital outlay; provides for the calculation of MEM on the eightieth and one hundred twentieth days. Removes the requirement that the school district budget and expend 20% of the total revenue receipts for capital outlay. http://legis.state.nm.us/Sessions/05%20Regular/final/HB1091.pdf Title: H.B. 1091 Source: StateNet AR Signed into law 04/2005 P-12 Creates the Academic Facilities Oversight Committee and the advisory committee on public school academic facilities. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB591.pdf Title: S.B. 591 Source: StateNet AR Signed into law 04/2005 P-12 Establishes the Arkansas Public School Academic Facilities Program Act. Requires the Division of Public School Academic Facilities and Transportation to develop a comprehensive Arkansas Public School Academic Facilities Program that includes an academic facilities master plan program; an academic facilities custodial, maintenance, repair, and renovation manual; a public school academic facility manual; a public school academic equipment manual; and an academic facilities distress program. Defines each of the components of the Arkansas Public School Academic Facilities Program and the areas each component must address. Establishes the provisions of the academic facilites master plan program, which requires every local board to approve a ten-year districtwide facilities master plan for submission to and approval by the division of public school academic facilities and transportation. Specifies the required content of every district's facilities master plan. Requires the Division of Public School Academic Facilities and Transportation to identify a public school or school district as being in academic facilities distress if the division determines that the public school or school district has engaged in actions or inactions that result in any act or violation determined by the division to jeopardize any academic facility used by a public school or school district, or any other condition of an academic facility or facilities in a public school or school district that is determined by the division to have a detrimental impact on educational services provided by that public school or school district. Requires the division to provide the district with written notification of its being in academic facilities distress. Requires a public school or school district identified as being in facilities distress to develop a facilities improvement plan within 30 days from the date of receipt of the notice and promptly submit the facilities improvement plan to the division for review and approval, and revise the plan on a periodic basis. Authorizes the division to: --Provide on-site technical evaluation and assistance to any school district identified to be in facilities distress, and to make recommendations to the district superintendent regarding the care and maintenance of any academic facility in the district. Requires the district in facilities distress to accept such on-site technical evaluation and assistance. --Require the superintendent to relinquish all administrative authority with respect to the school district and appoint an individual in place of the superintendent to administratively operate the school district under the supervision and approval of the Director of the Division of Public School Academic Facilities and Transportation. --Suspend or remove all of the current board members and call for the election of a new school board for the district, in which case the school district must reimburse the county board of election commissioners for election costs as otherwise required by law; --Require the school district to operate without a local board under the supervision of the local superintendent or an individual or panel appointed by the director of the division; --Return the administration of the school district to the former board or place the administration of the school district in a newly elected school board; --Require school district staff and employees to attend training in areas of concern for the public school or school district; --Require a school district to cease immediately all expenditures related to activities not described as part of an adequate education in § 6-20-2302 and place money that would have been spent on the activities into an academic facilities escrow account to be released only upon approval by the division for use in conjunction with a local academic facilities project. --Notify the public school or school district in writing that the deficiencies regarding academic facilities must be corrected within a time period designated by the division; --Petition the state board at any time for the consolidation, annexation, or reconstitution of a school district in facilities distress or take other appropriate action as specified in statute in order to secure and protect the best interest of the educational resources of the state or to provide for the best interests of students in the school district. Allows the state board to consolidate, annex, reconstitute any school district that fails to remove itself from the classification of a school district in facilities distress within two consecutive school years of receipt of notice of identification of facilities distress status by the division; and --Take any other action allowed by law that is deemed necessary to assist a public school or school district in removing criteria of facilities distress. Allows a district to appeal the state board's consolidation, annexation, or reconstitution decision to the Commission for Public School Academic Facilities and Transportation. Authorizes the commission to reverse the action of the state board if the commission finds that the school district could not remove itself from facilities distress due to external forces beyond the school district's control. Allows any student attending a public school district classified as being in facilities distress to be automatically eligible to transfer to another geographically contiguous school district not in facilities distress during the time period that a district is classified as being in facilities distress. Requires transportation costs to be paid by the resident district and the nonresident district to count the student for average daily membership purposes. Requires the Division of Public School Academic Facilities and Transportation to conduct random unannounced on-site inspections of all academic facilities that have been funded wholly or in part by moneys from the state to ensure compliance with the school district's facilities master plan and, if applicable, the school district's facilities improvement plan. Requires the division to report to the Commission for Public School Academic Facilities and Transportation within 30 days of completion of the on-site inspections. Establishes a process for a school district to appeal any determination of the Division of Public School Academic Facilities and Transportation to the Commission for Public School Academic Facilities and Transportation. Repeals Arkansas Code § 6-20-1402 on school districts' authority to borrow money for building or repairing school facilities and Arkansas Code § 6-11-130 on custodial and maintenance care for school facilities. Full text of bill as enacted: http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB593.pdf Title: S.B. 593 Source: www.arkleg.state.ar.us AZ Signed into law 04/2005 P-12 Reduces the length of the comprehensive plan for the proposed use of Building Renewal Fund monies from five years to three years. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2287 Title: H.B. 2287 Source: www.azleg.state.az.us OK Signed into law 03/2005 Postsec. Enacts the Higher Education Promise of Excellence Act of 2005; authorizes the issuance of certain obligations to the Regents for Higher Education, the Board of Regents of the University of Oklahoma, the Board of Regents for the Agricultural and Mechanical colleges authorizing pledge for lawfully available revenues. http://www2.lsb.state.ok.us/2005-06HB/hb1191_enr.rtf http://www.sos.state.ok.us/documents/Legislation/50th/2005/1R/HB/1191.pdf Title: H.B. 1191 Source: http://www.sos.state.ok.us AR Signed into law 03/2005 P-12 Revises the duties and responsibilities of the division of public school academic facilities and transportation and creates the commission on public school academic facilities and transportation. Provides that the enumerated duties of the Division of Public School Academic Facilities and Transportation are to: ... "(5) Develop and implement an ongoing uniform process for collecting, inventorying, and updating information on the state of condition of all public school academic facilities in the state; (6) Develop a facility cost index that provides a methodology for comparing the cost of repairing the condition of a public school academic facility to the cost of replacing the public school academic facility with a facility containing the same amount of square footage; (7) Conduct unannounced random on-site inspections of public school academic facilities; (8) Develop minimum standards for accessibility to public school academic facilities and programs for individuals with disabilities; (9) Develop guidelines for competitive bidding, competitive negotiation, and other methods of procurement for public school academic facilities projects; (10) Develop incentive programs to reward school districts for innovative, effective, and efficient use of local and state resources with regard to public school academic facilities;" and "(13) Report by October 1 of each year to the Governor, the House Committee on Education, the Senate Committee on Education, and the Academic Facilities Oversight Committee on the state of condition of education facilities statewide" addressing specified features of school facilities; "(14) Report by October 1 of each even-numbered year to the Governor, the House Committee on Education, the Senate Committee on Education, and the Academic Facilities Oversight Committee on the state academic facilities master plan; and (15) Maintain a public access website dedicated to public school academic facilities." http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB590.pdf Title: S.B. 590 Source: www.arkleg.state.ar.us AR Signed into law 03/2005 P-12 Defines "public-public partnership" as a contractual agreement between a school district and another governmental agency, political subdivision, or institution of higher education to meet a clearly defined need for facilities, infrastructure, or goods and services. Authorizes any school district to use public-public partnerships as a project delivery method for the building, altering, repairing, improving, maintaining, or demolishing of any structure, or any improvement to real property owned by the school district. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/SB858.pdf Title: S.B. 858 Source: www.arkleg.state.ar.us AR Signed into law 03/2005 P-12 An act to allow education service cooperatives to purchase or construct buildings as may be required to provide authorized programs and services and to provide for distribution of assets upon dissolution. http://www.arkleg.state.ar.us/ftproot/bills/2005/public/HB1357.pdf Title: H.B. 1357 Source: StateNet AZ Vetoed 03/2005 P-12 Amends provisions relating to the school facilities board. Bars the school facilities board from entering into lease-to-own transactions as of June 30, 2005; provides exception. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=1394 Title: S.B. 1394 Source: www.azleg.state.az.us UT To governor 03/2005 P-12 This bill modifies the funding formula for a program that provides money to school districts for school building construction. This bill: defines terms, including "yield per ADM"; removes the requirement that a school district be a recipient of monies distributed under the Capital Outlay Foundation Program to qualify for monies under the Enrollment Growth Program; and requires school districts to have a tax yield below a certain amount to qualify for monies under the Enrollment Growth Program. http://www.le.state.ut.us/~2005/bills/hbillenr/hb0124.pdf Title: H.B. 124 Source: http://www.le.state.ut.us WY Signed into law 03/2005 P-12 Specifies district major maintenance payment expenditures from the required separate account. Account expenditures may include the expenses of district personnel performing work described under paragraph (a)(iii) of this section if approved by the commission and if documented within the district's facility plan. http://legisweb.state.wy.us/2005/enroll/hb0269.pdf Title: H.B. 269 Source: http://legisweb.state.wy.us KY Signed into law 03/2005 P-12 Directs the Office of Education Accountability to conduct a review of the SFCC's ability to provide local school districts with necessary debt service assistance to maintain a facility program that will be conducive to a positive learning environment. Title: H.B. 267 (Facility Component) Source: Kentucky 2005 Legislative Summary WY Signed into law 02/2005 P-12 Relates to school capital construction program; modifies the date by which state funding is provided for major facilities maintenance/replacement and makes payments based upon square footage computations computed on September 1 of the prior school year. http://legisweb.state.wy.us/2005/enroll/SF0029.pdf Title: S.F. 29 Source: StateNet NY Pocket Veto by GOVERNOR. 01/2005 P-12 Relates to the renovation of cafeterias in school districts located in cities with a population of one million or more. Title: S.B. 7474 Source: StateNet FL Signed into law 12/2004 P-12 Creates the Educational Facilities Hurricane Restoration Cash Flow Loan Program to assist district school boards in making timely payments in restoring educational facilities; requires the department of education to administer the loan program and distribute loan funds; requires eepartment of community affairs to notify department of education when certain federal payments have been distributed; requires repayment from funds received from insurance claims. Bill text: http://www.myfloridahouse.gov/loadDoc.aspx?FileName=_h0011Aer.doc&DocumentType=Bill&BillNumber=0011A&Session=2004A Title: H.B. 11A Source: StateNet MI Signed into law 12/2004 P-12 Requires the establishment of rules for the standards and requirements for the relocation and reuse of used modular classroom; provides the rules shall require an inspection of a relocated used modular classroom at its original location, at its new location or at any location where repairs are made to the used modular classroom. http://www.michiganlegislature.org/mileg.asp?page=getObject&objName=2003-SB-0677 Title: S.B. 677 Source: StateNet UT Adopted 12/2004 P-12 Amends rules concerning the State School Building Program. Provides definition for the 'Enrollment Growth Program.' Adds procedures for school districts to use when applying for Enrollment Growth Program funds. Describes how funds are distributed. Adds new language in the Capital Outlay Loan Program. UTAH REG 27422 (SN) Title: R277-451 Source: StateNet IL Signed into law 10/2004 P-12 Amends the School Code. Provides that a community unit school district may issue bonds up to a specified amount if the district has a specified equalization valuation and a specified daily attendance if the bonds are issued to build, equip and repair specified school buildings. http://www.ilga.gov/legislation/publicacts/93/PDF/093-1045.pdf Title: H.B. 759 Source: Illinois Legislative Web site CA Signed into law 09/2004 P-12 Establishes the School Facilities Needs Assessment Grant Program, to be administered by the State Allocation Board, for the purpose of awarding grants to school districts for schoolsites ranked in deciles 1 to 3 on the Academic Performance Index, to conduct a one-time comprehensive assessment of school facilities needs. Establishes in the State Treasury the School Facilities Emergency Repair Account, to be administered by State Allocation Board, for the purpose of reimbursing school districts with schools ranked in deciles 1 to 3 on the Academic Performance Index, for emergency facility repairs. Specifies the source of the funds to be deposited into this account, including from the Proposition 98 Reversion Account, and prescribes other requirements relating to the transfer of those funds. Requires the State Allocation Board, for purposes of the above new program and account, to adopt regulations, establish and publish any procedures and policies for their administration, apportion funds to eligible school districts, provide technical assistance to school districts, and make specified reports to the Governor and the Legislature. Establishes in the General Fund the Proposition 98 Reversion Account. Makes appropriations. http://www.leginfo.ca.gov/pub/bill/sen/sb_0001-0050/sb_6_bill_20040929_chaptered.pdf Title: S.B. 6 Source: California Legislative Web site CA Vetoed 09/2004 P-12 Requires an automatic sprinkler system to be installed in facilities modernized pursuant to the Leroy F. Greene School Facilities Act under certain circumstances. Permits the State Allocation Board to waive the requirement that a project include an automatic sprinkler system, under certain circumstances. Deletes a provision that when repairs due to fire damage are to be made to a school building that was previously approved by the Department of General Services, the approved plans and specifications used in the original work may be used without modification. http://www.leginfo.ca.gov/pub/bill/asm/ab_2301-2350/ab_2343_bill_20040826_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2343_veto.pdf Title: A.B. 2343 Source: California Legislative Web site CA Signed into law 09/2004 P-12 Amends the Leroy F. Greene School Facilities Act relating to funding for construction of small high schools. Provides for adjustments of new construction grants on a pilot program basis for small high schools meeting certain criteria. Reduces local matching funds requirement to 40% of project cost and permits the State Allocation Board to release 60% of project cost funding. Authorizes additional modernization funds for certain larger high school seeking to reconfigure into 2 or more smaller schools. http://www.leginfo.ca.gov/pub/03-04/bill/asm/ab_1451-1500/ab_1465_bill_20040929_chaptered.pdf Title: A.B. 1465 Source: California Legislative Web site CA Signed into law 09/2004 P-12 Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts, prescribed per-unhoused-pupil state funding for construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition. Eligibility for new construction funding under the act is determined, in part, by calculating enrollment projections determined by utilizing a cohort survival enrollment projection system. Existing law also includes provisions that make apportionments, for eligible applicants with critically overcrowded schools, in advance of full compliance with all the application requirements otherwise required for an apportionment. Under existing law, upon the completion of preliminary process procedures required by the act, the apportionment made in advance of full compliance is converted into a final apportionment when the preliminary applicant complies with all the conditions required for a final apportionment. Provides alternative methods for an applicant school district in the critically overcrowded schools program to calculate enrollment for purposes of determining eligibility for a final apportionment for a project funded from the Kindergarten-University Public Education Facilities Bond Act of 2002. http://www.leginfo.ca.gov/pub/bill/asm/ab_2901-2950/ab_2950_bill_20040929_chaptered.pdf Title: A.B. 2950 Source: California Legislative Web site CA Signed into law 09/2004 P-12 SEC. 17: Existing law provides that no pupil shall receive a diploma of graduation from high school who, while in grades 9 to 12, inclusive, has not completed specified courses, including 2 courses in science. Prior law required a pupil to complete only one course in science to receive a diploma. This bill provides that for purposes of calculating the amount of the state reimbursement for the state-mandated local program imposed by increasing the science course requirement from one science course to 2 science courses, if the school district or county office claims reimbursement for a new science facility, the reimbursement shall be reduced by the amount of state bond funds, if any, received by the school district or county office to construct the new science facility. http://www.leginfo.ca.gov/pub/bill/asm/ab_2851-2900/ab_2855_bill_20040929_chaptered.pdf Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_2853_2855_2856_sign.pdf Title: A.B. 2855 (multiple provisions) Source: www.leginfo.ca.go CA Signed into law 09/2004 P-12 Existing law, the Leroy F. Greene State School Building Lease-Purchase Law of 1976, the Leroy F. Greene State School Building Lease-Purchase Law of 1998, and the State Relocatable Classroom Law of 1979, requires the State Allocation Board to require a school district that receives funds for a school construction or modernization project to make all necessary repairs, renewals, and replacement to ensure that a project is at all times kept in good repair, working order and condition. As a condition of participation in the school facilities program and the receipt of funds pursuant to the deferred maintenance program, the current bill requires a school district to establish a facilities inspection system to ensure that each of its schools is in good repair, as defined in the bill. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 SEC. 10: Requires the school accountability report card to include information regarding the availability of sufficient textbooks and other instructional materials for each pupil, any needed maintenance of school facilities to ensure good repair, the misassignments of teachers, including misassignments of English learner teachers, and the number of vacant teacher positions for the most recent 3-year period. Defines ''misassignment'' and ''vacant position'' for this purpose. Requires the template for the school accountability report card to include a field to report the determination of the sufficiency of textbooks and instructional materials and a summary statement of the condition of school facilities. Requires the department to provide examples of summary statements of the condition of school facilities that are acceptable and those that are unacceptable. Declares that these provisions further the purposes of the Classroom Instructional Improvement and Accountability Act. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: www.leginfo.ca.gov CA Vetoed 09/2004 P-12 Requires the State Allocation Board to adopt regulations to implement design standards for school facilities in accordance with guidelines established by the Collaborative for High Performance Schools. Provides that eligibility for funding for projects under the Leroy F. Green School Facilities Act from the proceeds of general obligation bonds approved by voters after January 1, 2006, is contingent on the applicant school district meeting design standards equivalent to the regulations. http://www.leginfo.ca.gov/pub/bill/asm/ab_0701-0750/ab_736_bill_20040824_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_736_veto.pdf Title: A.B. 736 Source: California Legislative Web site CA Vetoed 09/2004 P-12 Establishes a competitive proposal process for leases that provide for the construction of a building or buildings for the use of the school district during the term of the lease. Authorizes the governing board of a district to enter into a lease-back contract. Imposes certain requirements related to requests for proposals. Requires the district to establish procedures for final proposal selection, bonding and performance requirements. http://www.leginfo.ca.gov/pub/bill/asm/ab_1451-1500/ab_1486_bill_20040827_enrolled.pdf Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1486_veto.pdf Title: A.B. 1486 Source: StateNet CA Signed into law 09/2004 P-12 Requires the offer to sell or lease real estate with an option to purchase by a school district to be provided in writing to other specified public agencies and nonprofit organizations be directly notified of the offer. http://www.leginfo.ca.gov/pub/bill/asm/ab_2801-2850/ab_2838_bill_20040922_chaptered.pdf Title: A.B. 2838 Source: StateNet CA Vetoed 09/2004 P-12 Permits the calculation of eligibility for new construction funding if the existing school building capacity in any high school attendance area would prevent another school attendance area from receiving the maximum per-unhoused-pupil grant specified for the school district as a whole. Provides that the board may permit an elementary school district to utilize this calculation if the district's average daily attendance is greater than 9,000 pupils, the high school district contains more than 5 high schools, and the eligibility will serve an overcrowded student population. http://www.leginfo.ca.gov/pub/bill/sen/sb_0601-0650/sb_628_bill_20040824_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/SB_628_veto.pdf Title: S.B. 628 Source: California Legislative Web site CA Vetoed 09/2004 P-12 Amends the Leroy F. Greene School Facilities Act. Deletes teacher education facilities as eligible joint-use facilities. Includes parks and preschool facilities as eligible joint-use facilities. Permits a joint-use facility to be located adjacent to an existing schoolsite. Establishes a priority for funding such projects, if sufficient funding is not available to fund all of the submitted projects. Authorizes a school district the option to pay up to 50% of the local share of eligible project costs if a local bond measure specifies the amount to be used for joint-use projects. http://www.leginfo.ca.gov/pub/bill/asm/ab_2401-2450/ab_2446_bill_20040826_enrolled.html http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2446_veto.pdf Title: A.B. 2446 Source: California Legislative Web site CA Vetoed 09/2004 P-12 Deems regional occupational centers to be school districts for school modernization funding purposes of the Leroy F. Greene School Facilities Act if the centers would not otherwise qualify for school modernization funding. Requires the State Allocation Board to adopt specified regulations. Makes regional occupation centers ineligible for financial hardship assistance. http://www.leginfo.ca.gov/pub/bill/asm/ab_2001-2050/ab_2035_bill_20040826_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2035_veto.pdf Title: A.B. 2035 Source: California Legislative Web site CA Vetoed 09/2004 P-12 Requires the State Allocation Board to adjust for inflation the calculation used to determine the total funding eligibility of a school district for modernization funding on a monthly basis, rather than annually. Requires the board to review project costs resulting from compliance with the accessibility standards of the California Building Standards Code for modernization projects approved since July 1, 2003 and to report to the Legislature on the results of the review. http://www.leginfo.ca.gov/pub/bill/asm/ab_1101-1150/ab_1126_bill_20040827_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_1126_veto.pdf Title: A.B. 1126 Source: California Legislative Web site CA Vetoed 08/2004 P-12 Makes certain findings and declarations related to seismic safety upgrades and would state the intent of the Legislature to consider the development of a seismic safety upgrade program for school facilities. http://www.leginfo.ca.gov/pub/bill/asm/ab_1751-1800/ab_1790_bill_20040816_enrolled.html Veto message: http://www.governor.ca.gov/govsite/pdf/press_release/AB_1790_veto.pdf Title: A.B. 1790 Source: California Legislative Web site IL Signed into law 08/2004 Postsec. Community College Creates the Fire Sprinkler Dormitory Act. The installation of fire sprinklers is required in all dormitories by 2013, unless excepted. Provides for the Finance Authority and the State Fire Marshall to administer a revolving loan program. Creates the Fire Sprinkler Dormitory Revolving Loan Fund. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0887 Title: H.B. 4361 Source: Illinois Legislative Web site MA Signed into law 07/2004 P-12 Relates to the School Building Assistance Program; provides for the dedicated sales tax revenue amount; creates the School Modernization and Reconstruction Trust Fund; provides for bonds, notes and trusts. Title: H.B. 4977 Source: StateNet CA Signed into law 07/2004 P-12 Reduces, for the 2004-05 fiscal year only, the amount required to be deposited by a school district into its restricted account to 2% of the district's general fund expenditures, including other financing areas. Provides that for that fiscal year, the annual deposit into the restricted account in excess of 1 1/2% of the district's general fund budget may count towards the amount a school district's contribution to receive State School Deferred Maintenance Fund funding. http://www.leginfo.ca.gov/pub/bill/sen/sb_0401-0450/sb_409_bill_20040727_chaptered.html Signing message: http://www.governor.ca.gov/govsite/pdf/press_release/SB_409.pdf Title: S.B. 409 Source: California Legislative Web site MA Signed into law 07/2004 P-12 Postsec. Relates to the School Building Assistance Program; provides for grants, investments, trusts and bonds; creates the School Building Authority; provides for children with disabilities; prohibits racial desegregation; provides for public-private partnerships, charter schools, construction that will facilitate early education and care programs; financial incentives to cities that adopt zoning policies for increased affordable housing production; provides for hearings. Title: H.B. 4978 Source: StateNet HI Signed into law 07/2004 P-12 Relates to school repair and maintenance and the Hawaii 3R's program; establishes a coordinator position to coordinate the public and private efforts to repair and maintain public schools. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb1929_sd2_.htm Title: H.B. 1929 Source: Hawaii Legislative Web site IL Veto overridden by both houses of legislature 07/2004 P-12 Amends the Property Tax Code and the School Code. Allows a school district located in a county subject to the Property Tax Extension Limitation Law, with a total enrollment of a certain number of students, and that had a school building condemned to levy an annual property tax not to exceed .05% and 7 years to provide funds to repay state moneys distributed for temporary relocation expenses of the district. Permits issuance of bonds to finance school repairs. http://www.legis.state.il.us/legislation/publicacts/fulltext.asp?Name=093-0690 Title: H.B. 753 Source: Illinois Legislative Web site CA Rule Adoption 06/2004 P-12 Amends regulations to update the critically overcrowded schools regulations to clarify the possibility of using use of grants in preliminary applications, provide hazardous material clean up money for existing schools in preliminary applications, and specify a construction cost inflation factor for new applications. http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=105884&E22=title%202&E23=1859.2&E24=&infobase=ccr&querytemplate=%261.%20Go%20to%20a%20Specific%20Section&record={37B5}&softpage=Browse_Frame_Pg42 and http://ccr.oal.ca.gov/cgi-bin/om_isapi.dll?clientID=105888&E22=title%202&E23=1859.145&E24=&infobase=ccr&querytemplate=%261.%20Go%20to%20a%20Specific%20Section&record={3B1F}&softpage=Browse_Frame_Pg42 Title: Title 2 CCR 1859.2, 1859.145, 1859.145.1 Source: California State Web site HI Signed into law 06/2004 P-12 Postsec. Community College Relates to special purpose revenue bonds for Island Pacific Academy. The legislature finds and determines that the planning and construction constitute a project as defined in part VIII, chapter 39A, Hawaii Revised Statutes, and the financing of such a project is to assist not-for-profit private nonsectarian and sectarian elementary schools, secondary schools, colleges, and universities serving the general public. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb3086_cd1_.htm Title: S.B. 3086 Source: Hawaii Legislative Web site TN To governor 06/2004 P-12 Postsec. Community College Present law authorizes the state to issue and sell general obligation bonds for any purpose authorized by the general assembly, including the funding of education. All revenues earmarked and allocated specifically and exclusively for educational purposes and any other law providing for the collection of state taxes allocated for educational purposes are deposited into the education trust fund. All deposits to the education trust fund are credited to the basic education program account. THIS BILL This bill would authorize the state to issue and sell direct general obligation interest-bearing bonds in amounts not exceeding $260,000,000 for postsecondary and higher education institutions. This bill would also permit the allocation of funds to local education agencies (LEAs) for the purpose of land acquisition, acquisition of student transportation, technology, and science laboratory equipment, and the construction and equipment of sites and buildings. http://www.legislature.state.tn.us/bills/currentga/Summary.asp?BillNumber=SB0429 Title: S.B. 429 Source: http://www.legislature.state.tn.us CO Partial veto 06/2004 P-12 Allows the state department of education to add employees to assist with school capital construction. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/9C325359D40DBB8D87256E850065FF92?Open&file=1464_enr.pdf Title: H.B. 1464 Source: Colorado Legislative web site CO Signed into law 05/2004 P-12 Concerns the financing of public schools; relates to calculations of pupil enrollment; relates to charter school contracts. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/28517E5E9054E56887256E0400738CE5?Open&file=1397_enr.pdf Title: H.B. 1397 Source: Colorado Legislative Web site FL Became law without governor's signature 05/2004 P-12 Postsec. Community College Relates to education funding; requires school districts to establish certain policies and procedures regarding lottery fund enhancements; provides tax credit cap for contributions to nonprofit scholarship-funding organizations; prohibits use of funds for lab schools for certain overhead or indirect costs; redesignates specified community colleges as colleges; specifies maximum fee waiver percentage for school districts and community colleges; authorizes use of the Dale Hickam Excellent Teaching Program funds; requires reports regarding inmate education provided by community colleges; authorizes Florida State University to construct classroom building. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=hb1867er.html&Directory=session/2004/House/bills/billtext/html/ Title: H.B. 1867 Source: Florida Legislative Web site CT Signed into law 05/2004 P-12 Provides that if a town, whose school district is the priority district with the largest student enrollment, uses federal funds to finance school construction projects, such funds shall be deemed to be part of the town's local share for such projects; provides any local or regional board of education that scheduled a graduation date for students and has been force to close the building for emergency repairs, may hold the graduation on that date, if certain conditions are met. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00251-R00SB-00343-PA.htm Title: S.B. 343 Source: Connecticut Legislative Web site NH Signed into law 05/2004 P-12 Excludes amounts transferred to capital reserve from the formula for computing school building aid grant amounts. For the purposes of computing grants hereunder, the amount of the annual payment of principal shall be increased by an amount equal to the amount of capital reserve or the amount raised by taxation which was actually expended for the project at any time, divided by the number of years for which bonds or notes were issued to provide funds for such school building or school administrative unit facilities; provided, however that received from trusts, bequests, gifts or insurance policies shall not be eligible for computing grants hereunder. When bonds and notes are issued for a period of less than 5 years, the amount of aid for which the district is eligible shall be paid in no fewer than 5 equal installments. http://gencourt.state.nh.us/legislation/2004/SB0352.html Title: S.B. 352 Source: StateNet MD Signed into law 05/2004 P-12 Requires the Board of Public Works to include modular construction as an approved public school construction or capital cost; requires the Board of Public Works to adopt specified regulations. Title: H.B. 199 Source: StateNet MD Signed into law 05/2004 P-12 Authorizes a county to finance the construction or renovation of public school facilities, under specified circumstances, using alternative financing methods; authorizes specified counties to issue bonds under specified circumstances; alters the amount of grants provided to counties under the Aging Schools Program; provides an exception to a specified mandatory level of State funds to be granted to Prince George's County and Baltimore City. Title: S.B. 787 Source: StateNet MD Signed into law 05/2004 P-12 Authorizes a county to finance the construction or renovation of public school facilities, under specified circumstances, using alternative financing methods; authorizes specified counties to issue bonds under specified circumstances; alters the amount of grants provided to counties under the Aging Schools Program; provides an exception to a specified mandatory level of State funds to be granted to Prince George's County and Baltimore City. Title: H.B. 1230 Source: StateNet VA Signed into law 04/2004 Postsec. Bond bill; Commonwealth of Virginia Higher Educational Institutions Bond Bill of 2004. Authorizes the issuance of 9 (c) bonds in a principal amount not to exceed $255,316,600 for the financing of revenue-producing capital projects at institutions of higher education in the Commonwealth. Of the total amount of bonds authorized, $137,700,600 is allocated for previously authorized projects and $117,616,000 is allocated for new projects. This bill is identical to HB 31. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+CHAP0813 Title: S.B. 31 Source: http://leg1.state.va.us ID Signed into law 03/2004 P-12 Amends existing law relating to the Bond Levy Equalization Support Program to prohibit utilization of assistance pursuant to the program for projects previously subsidized by state grants; provides that an otherwise eligible school district shall not be deemed ineligible due to prior participation in safe school programs under certain conditions. http://www3.state.id.us/oasis/H0780.html#engr Title: H.B. 780 Source: Idaho Legislative Web site WV Signed into law 03/2004 P-12 Relates to levies by county boards of education and expenditure of taxes collected; allows growth counties to use provisions of the Growth County School Facilities Act; provides high-growth counties may place certain property tax revenues in growth county facility act fund to be used for the benefit of school facilities in the county; provides moneys in the fund are not considered local share for purposes of the state aid formula.http://129.71.164.29/Bill_Text_HTML/2004_SESSIONS/RS/Senate/S_BILLS/SB408%20SUB2%20enr.htm Title: S.B. 408 Source: West Virginia Legislative Web Site SC GOVERNOR'S veto overridden by SENATE. 03/2004 Postsec. Provides that the proceeds of bonds authorized under the South Carolina Research University Infrastructure Act are appropriated and authorized to be expended for the purposes and in the manner set forth in the act; provides that the proceeds of bonds authorized pursuant to amendments to the State General Obligation Economic Development Bond Act are appropriate and authorized to be expended for the purposes set forth in the act. Title: H.B. 3900 Source: StateNet CO Signed into law 03/2004 Postsec. Concerns the enterprise status of auxiliary facilities of state institutions of higher education. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/32AD98B37C17816487256DB9006E00A3?open&file=1005_enr.pdf Title: H.B. 1005 Source: Colorado Legislative Web site CO Signed into law 03/2004 P-12 Concerns the modification of the process used to make matching grants for school district capital construction from the school construction and renovation fund. http://www.leg.state.co.us/clics2004a/csl.nsf/fsbillcont3/03DE7EE7F88A911587256DB0004D0816?Open&file=1055_enr.pdf Title: H.B. 1055 Source: Colorado Legislative Web site CT Signed into law 03/2004 Postsec. Concerns an authorization of bonds of the state for higher education capital improvements and other purposes; implements the Governors budget recommendations. http://www.cga.state.ct.us/2004/act/Pa/2004PA-00003-R00SB-00030-PA.htm Title: S.B. 30 Source: Connecticut Legislative Web site NM Signed into law 03/2004 P-12 Relates to public school capital outlay; authorizes severance tax bonds and supplemental severance tax bonds for public school capital outlay projects; establishes funding priorities; expands the purpose for which funds may be used, increases the state distribution and adjust state distributions by an inflation factor; provides a tax imposition as a remedy for certain school violations. Title: S.B. 399 Source: StateNet NM Partial Veto, November 2004 Ballot 03/2004 P-12 Postsec. Authorizes the issuance and sale of capital projects general obligation bonds to make capital expenditures for senior citizen facility improvements and acquisitions, for higher educational capital improvements and acquisitions, for water project improvements, for public library acquisitions, for kindergarten construction and renovation, for other state capital expenditures and for public school educational technology. http://legis.state.nm.us/newsite/_session.asp?chamber=H&type=++&number=294&year=04 Title: H.B. 294 Source: New Mexico Legislative Web site UT Signed into law 03/2004 P-12 Creates the school building legislative task force; provides for a final report to the Education Interim Committee. Title: S.B. 154 Source: StateNet CA Approved by voters 03/2004 P-12 Postsec. Community College Enacts the Kindergarten - University Public Facilities Bond Act of 2004 for $12.3 million; funds education facilities to relieve overcrowding and repair of older schools; funds upgrade and new classrooms in the California Community Colleges, the California State University and the University of California to provide adequate higher education facilities to accommodate growing student enrollment; funds will be targeted to areas of greatest needs and must be spent according to strict accountability measures. http://vote2004.ss.ca.gov/Returns/prop/00.htm Title: Proposition 55 (AB 16) Source: California State Web site AR Signed into law 02/2004 P-12 Creates the Division of Public School Accountability and the Arkansas Public Schools Accountability Advisory Council; creates the Division of Public School Academic Facilities to ensure equal access to adequate educational facilities and educational equipment; requires realignment of the state department of education (not to be incorporated into Arkansas Code or published separately) and creates a task force to make recommendations on realignment; amends terms for state board of education. members.http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1009.pdf Title: H.B. 1009 Source: Arkansas Legislative Web site AR Signed into law 02/2004 P-12 Establishes criteria for custodial and maintenance care for school facilities. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB53.pdf Title: S.B. 53 Source: Arkansas Legislative Web site AR Signed into law 02/2004 P-12 Creates a State Tax Penalty and Interest Amnesty Program for taxpayers who make a voluntary payment of State taxes during the period of July 1, 2004 through December 31, 2004; provides all moneys collected under the program would be deposited in a special Public School Facilities Fund to be used for improvements, construction or repair of school facilities. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/HB1100.pdf Title: H.B. 1100 Source: Arkansas Legislative Web site AR Signed into law 12/2003 P-12 Repeals the fiscal year allocation provision for expenses of the joint committee on K-12 educational facilities. http://www.arkleg.state.ar.us/ftproot/bills/2003s2/public/SB10.pdf Title: S.B. 10 Source: Arkansas Legislative Web site GA Adopted 11/2003 P-12 Clarifies rules regarding special appropriation for public school capital outlay. Adds the additional funds authorized by the General Assembly to assist local boards of education in funding the construction of instructional units needed to implement the required reduction in teacher-pupil ratios. http://www.doe.k12.ga.us/_documents/doe/legalservices/160-5-4-.04.pdf Title: GAC 160-5-4-.04 Source: Delaware State Department of Education Web site ME November 2003 Ballot 11/2003 Postsec. Community College Do you favor a $19,000,000 bond issue to make repairs, upgrades and other facility improvements and enhance access for students with disabilities and upgrade classroom equipment at various campuses of the University of Maine System; the Maine Maritime Academy; and the Maine Community College System, which was formerly the Maine Technical College System, and to provide grants to construct and renovate public libraries and to improve community access to electronic resources? http://www.maine.gov/sos/cec/elec/intent.pdf Title: Question 5: Bond Issue Source: Maine State Web site CA Signed into law 10/2003 P-12 Relates to existing law requiring the State Allocation Board to provide a supplemental grant for 50% of the replacement cost of a single story building if a school proposes to demolish the building and replace it with a multistory building under certain conditions including the school is operating on a multitrack year-round education schedule. Deletes year-round education to qualify. Provides a method for estimating site acquisition costs savings. http://www.leginfo.ca.gov/pub/bill/asm/ab_1601-1650/ab_1631_bill_20031012_chaptered.html Title: A.B. 1631 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Requires every public and private school to have restroom facilities open during school hours, and at all times to keep every restroom maintained and cleaned regularly, fully operational, and stocked with soap and paper supplies. Makes a school district ineligible for prescribed state school facilities deferred maintenance matching funding if, after a 30-day notice period and a opportunity to cure the violation, the public school is still in violation. http://www.leginfo.ca.gov/pub/bill/sen/sb_0851-0900/sb_892_bill_20031012_chaptered.html Title: S.B. 892 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Authorizes a school district to deposit up to 25% of the proceeds of the sale of surplus school real property into the district's general fund for the use for any one-time expenditure under prescribed conditions. Precludes the transfer from disqualifying the school district for prescribed state facilities funding. Defines sale to include a lease of surplus property with an option to purchase. Provides for a reduction of hardship assistance. http://www.leginfo.ca.gov/pub/bill/asm/ab_0251-0300/ab_264_bill_20031012_chaptered.html Title: A.B. 264 Source: California Legislative Web site CA Signed into law 10/2003 P-12 Authorizes the governing board of a school district to acquire a site for a school building if the petition requesting the acquisition is approved by a majority of the members of the governing board of the acquiring school district and filed with the county superintendent in charge of that district, and the county committee on school district organization has approved the petition. http://www.leginfo.ca.gov/pub/bill/sen/sb_0751-0800/sb_763_bill_20031011_chaptered.html Title: S.B. 763 Source: California Legislative Web site NY Signed into law 09/2003 Postsec. Amends the education law, in relation to university- related economic development facilities; authorizes the state university to establish an account to receive payments from leases of the pharmaceutical technology manufacturing building; allows any payments deposited in this account to be transferred to the fund for payments related to design, construction, reconstruction, rehabilitation or improvement of a certain academic incubator. Title: S.B. 4000 Source: StateNet CA Signed into law 09/2003 P-12 Sets forth the manner of funding charter school facilities under the Kindergarten-University Public Education Facilities Bond Act of 2004 by the State Allocation Board and the California School Finance Authority. Allows an additional apportionment to be made, for the purposes of the modernization of permanent school facilities every 25 years following the date of the previous apportionment and 20 years for portable classrooms with a joint-use partner. http://www.leginfo.ca.gov/pub/bill/sen/sb_0001-0050/sb_15_bill_20030929_chaptered.html Title: S.B. 15 Source: California Legislative Web site CA Signed into law 09/2003 P-12 Postsec. Requires a priority for the use of maintenance funding under the Leroy F. Greene School Facilities Act of 1998 be to ensure that facilities, including, but not limited to, rest-room facilities for pupils, are functional and that they meet local hygiene standards generally applicable to public facilities. Requires the same priority for use of funds from the State School Deferred Maintenance Fund. http://www.leginfo.ca.gov/pub/bill/asm/ab_1101-1150/ab_1124_bill_20030912_chaptered.html Title: A.B. 1124 Source: California Legislative Web site OR Signed into law 08/2003 Postsec. Relating to the financial administration of the Department of Higher Education for capital construction; establishes accounts related to issuance of general obligation bonds; authorizes the issuance of lottery bonds to fund projects related to the university research center. Title: H.B. 5028 Source: StateNet WY Emergency Rule Adoption 08/2003 P-12 Establishes emergency rules relating to uniform statewide standards for the adequacy of school buildings and facilities necessary for providing educational programs prescribed by law for the the public schools. WYOMING REG 4370 (SN) Title: (Uncodified) Chapter 4 Source: StateNet NH Signed into law 07/2003 P-12 Implements an alternative school building aid grant formula; establishes size and cost standards for the construction of new school facilities or administrative unit facilities; permits high school vocational technical education programs which lease space to be eligible for school building aid grants. Title: H.B. 751 Source: StateNet HI Line-item various appropriations veto 07/2003 P-12 Establishes the Hawaii 3R's School Repair and Maintenance Fund;appropriates funds for a grant to Hawaii 3R's for the school repair and maintenance fund; appropriates funds for a position with the Department of Accounting and General Services to coordinate the public and private efforts to repair and maintain public schools;repeals the School Repair and Maintenance Fund upon the granting of nonprofit status for Hawaii 3R's. http://www.capitol.hawaii.gov/site1/docs/getstatus.asp?qu=SB58&showstatus=on&showtext=on&press1=docs Title: S.B. 58 Source: Hawaii Legislative Web site NC Signed into law 07/2003 Postsec. Community College Authorizes community colleges to enter into public/private partnerships for construction projects. Title: S.B. 773 Source: StateNet ME Signed into law 06/2003 P-12 Amends section allowing district to appeal to extend 5-year maximum approval period for leasing portable classroom space if this limitation creates an undue burden. Specifies that when making a determination on a school administrative unit's request for relief based on undue burden, the state board may consider, but not be limited to, the following: (i) Fiscal capacity; (ii) Enrollment demographics; and (iii) Unforeseen circumstances not within the control of the appealing school administrative unit. Adds that the state board's decision is final. http://www.mainelegislature.org/legis/bills/billtexts/LD157701-1.asp Title: S.P. 538 (LD 1577) (omnibus bill) Source: www.mainelegislature.org HI Signed into law 06/2003 P-12 Transfers control of management and funding for school repair and maintenance to the department of education. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb281_.htm Title: H.B. 281 Source: Hawaii Legislative Web site IA Signed into law 05/2003 P-12 Relates to the establishment of a school infrastructure financing program by providing for a local option school infrastructure sales tax and providing for the use of the revenues from the local option tax for school infrastructure or property tax relief purposes and including an effective date. Title: S.F. 445 Source: StateNet ME Signed into law 05/2003 P-12 Allows a school administrative unit that is engaged in a lease-purchase agreement for portable classroom space to be eligible for state support beyond the 10-year limit if the unit has a major capital improvement application on file with the department and is not rated high enough to obtain funding to correct problems with its facilities. Adds that the unit is eligible for support until it obtains funds to correct problems. http://www.mainelegislature.org/legis/bills/billdocs/LD084201.doc Title: H.P. 619 Source: www.mainelegislature.org CO Signed by Governor 05/2003 P-12 Repeals the statutory provisions that prohibit a religious entity from receiving tax-exempt bond financing through the Colorado educational and cultural facilities authority. http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/B8D12A394DB4C10487256CFC0059DA85?Open&file=1363_enr.pdf Title: H.B. 1363 Source: Colorado Legislative Web site CO Partial veto 05/2003 P-12 Concerns the procedures for the funding of public schools, including adjustments to the district size factor, minimum per pupil funding, at-risk student calculation; temporary reduction of number of children participating on the Colorado Preschool Program; changes in kindergarten funding including repeal of full-day kindergarten for unsatisfactory schools, reduction of full-day kindergarten component of preschool program, directions for use of federal funds for kindergarten programs; repeals funding for new on-line students approved by legislature in 2002; amends law regarding capital construction funding for school districts and charter schools; and makes an related appropriations in connection therewith. Governor vetoed section 43 of the bill related to kindergarten programs and two appropriation amendments. http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/C9D735028416E02F87256C5A0066CD5A?Open&target=/2003a/inetcbill.nsf/billsummary/B2A9CC94F12AE86687256C4F00525F07 http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/C9D735028416E02F87256C5A0066CD5A?Open&file=248_enr.pdf http://www.state.co.us/gov_dir/leg_dir/lcsstaff/schfin/SummaryMemoSB03-248.pdf Title: S.B. 248 Source: Colorado Legislative Web site MD Signed into law 05/2003 P-12 Extends the Aging Schools Program to fiscal year 2004 and every fiscal year thereafter; Requires the impact of the proposed goals, objectives and implementation strategies on public school facilities and capital improvements that may be needed to implement the district master plan to be included in the comprehensive master plan that every district must annually submit to the department. Extends through fiscal year 2005 the requirement that the state provide 90% of costs for school construction projects in Baltimore City and 75% of costs above 20 million. Requires Baltimore to provide at least $16 million for school construction through fiscal year 2005. Expands duties and membership of Task Force to Study Public School Facilities. Requires the task force to submit an interim report of its findings and recommendations by December 31, 2002 and a final report of findings and recommendations by December 31, 2003. http://mlis.state.md.us/2003rs/bills/sb/sb0498e.rtf Title: S.B. 498 Source: mlis.state.md.us CO Signed into law 05/2003 P-12 Concerns the financing of capital construction for qualified charter schools that have bonds issued on their behalf by the Colorado Educational and Cultural Facilities Authority. http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/6218A4F4A2D0D87687256C5A00676D8B?Open&file=1021_enr.pdf Title: H.B. 1021 Source: Colorado Legislative Web site AZ Signed into law 05/2003 P-12 Removes the School Facilities Board's (SFB) requirement to provide project managers to requesting school districts for constructing new school facilities and maintaining existing school facilities. Requires a county school superintendent operating and administering an accommodation school to receive written approval from the SFB prior to taking any action that would result in a reduction within three years of pupil square footage that would cause the school to fall below the minimum adequate gross square footage. Allows a school district with surplus monies from a new school facilities project to use those monies for up to one year after the project's completion. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2091&x=15&y=5 Title: H.B. 2091 Source: Arizona Legislative Web site MD Signed into law 05/2003 P-12 Relates to the pilot program to use solar energy in public school buildings. Extends program from solely newly constructed buildings to also include existing or renovated public schools. Specifies how much of an elementary, middle or high school's electrical energy needs/demand the grant will cover for conversion to solar energy. http://mlis.state.md.us/2003rs/bills/sb/sb0002t.rtf Title: S.B. 2 Source: StateNet AZ Vetoed 05/2003 P-12 Changes the formula used by the School Facilities Board for building renewal, school district space conversion or replacement cost. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=HB2012 Title: H.B. 2012 Source: Arizona Legislative Web site ID Signed into law 05/2003 Postsec. Community College Authorizes the State Building Authority to receive contributions from community college districts and to rent, lease, sell or sublease to community college districts; requires approval of the Legislature prior to financing facilities for community college districts; provides that a community college district board of trustees' general powers include the power to lease property to and enter into agreements. http://www3.state.id.us/oasis/H0396.html Title: H.B. 396 Source: Idaho Legislative Web site ID Signed into law 05/2003 P-12 Establishes a safe school facilities levy; establishes criteria under which the levy may be imposed and allows for judicial confirmation when the safety levy fails; brings all pending lawsuits under the constitutionally based Education Claims Act. http://www3.state.id.us/oasis/H0403.html Law was overturned by the Idaho Supreme Court August 25, 2004. 2004 Opinion No. 105, Docket No. 29616 at http://www.isc.idaho.gov/opinions/iseeo.pdf Title: H.B. 403 Source: Idaho Legislative Web site AZ Became law without governor's signature 04/2003 P-12 Authorizes School Facilities Board to withhold building renewal monies until school districts comply with reporting requirements. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=HB2096 Title: H.B. 2096 Source: Arizona State Web site AR Signed into law 04/2003 P-12 Allows school districts to enter into public-private partnerships whereby the school district enters into lease-purchase agreements for school buildings built by the private entities with facilities bonds that are exempt from federal taxes; provides for short- term lease-purchase agreements. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/HB2272.pdf Title: H.B. 2272 Source: Arkansas Legislative Web site MD Signed into law 04/2003 P-12 Authorizes the creation of a State Debt to be used as a grant to the Interagency Committee on School Construction for the allocation to eligible school systems under the Aging School Program for the repair, renovation, and capital improvements of qualified zone academies. Title: S.B. 7 Source: StateNet KS Signed into law 04/2003 P-12 Concerns school districts; relates to the capital outlay fund. Allows districts greater freedom when attempting to win voter approval of a millage vote for capital cost. http://www.kslegislature.org/bills/2004/83.pdf Title: S.B. 83 Source: www.kslegislature.org AR Signed into law 04/2003 P-12 Creates the joint committee on educational facilities to evaluate school facilities across the state to ensure that adequate and substantially equal facilities are provided for children. http://www.arkleg.state.ar.us/ftproot/bills/2003/public/SB307.pdf Title: S.B. 307 Source: Arkansas Legislative Web site ID Signed into law 04/2003 P-12 Provides that the repair, renovation or replacement of unsafe or unhealthy conditions in public school facilities is an ordinary and necessary expense within the meaning of the Constitution of the State of Idaho. http://www3.state.id.us/oasis/H0326.html Title: H.B. 326 Source: State legislative web site CO Adopted 04/2003 P-12 Establishes emergency rules concerning schools, specifying the following: general provisions; grounds; sanitary facilities and controls; building, occupancy, space and use; mechanical requirements; equipment and supplies; school food service; laboratory, industrial, art, and vocational hazards; health service; prohibited chemicals; and restricted chemicals. http://www.cdphe.state.co.us/op/regs/consumer/101006schools.pdf Title: 6 CCR 1010-6 Source: Colorado State Web site WV Signed into law 03/2003 P-12 Postsec. Provides for school building on a cash basis, flood insurance, use of specified funds to finance construction, technical-vocational facilities, and facilities for junior colleges. http://129.71.164.29/Bill_Text_HTML/2003_SESSIONS/Regular_Session/Senate/S_BILLS/SB100-199/SB180%20%20SUB1%20enr.htm#HD0 Title: S.B. 180 Source: Wst Virginia Legislature UT Signed into law 03/2003 P-12 This act modifies the State System of Public Education Code by providing funding for the Minimum School Program and school building aid programs. This act establishes a ceiling for the state contribution to the Minimum School Program for fiscal year 2003-04 of $1,611,343,274, which includes a one-time appropriation of $5,000,000 for classroom supplies. This act establishes the value of the weighted pupil unit at $2,150. This act appropriates $27,288,900 for school building aid programs. This act establishes the maximum funding level for the School LAND Trust Program. This act dedicates a portion of the interest and dividends received from the investment of monies in the Permanent State School Fund for teachers' classroom supplies. Addresses the funding for charter schools. http://www.le.state.ut.us/~2003/bills/hbillenr/hb0003.pdf Title: H.B. 3 Source: http://www.le.state.ut.us VA Signed into law 03/2003 P-12 Provides that schools must be maintained in a manner ensuring compliance with the Virginia Uniform Statewide Building Code and that the school be accessible, barrier free, safe, and clean; provides suitable space for classrooms, administrative staff, pupil personnel services, library media services, and physical education as well as properly-equipped laboratories; provides for standards of learning. http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+CHAP0861 Title: S.B. 710 Source: http://leg1.state.va.us ME Rule Adoption 03/2003 P-12 Proposes rules governing the application and approval process for projects to be considered through the School Revolving Renovation Fund, Facility Maintenance and Capital Improvement Programs, Maine School Facilities Finance Program, and lease and lease/purchase of temporary interim space and small nonadministrative space. ftp://ftp.state.me.us/pub/sos/cec/rcn/apa/05/071/071c064.doc Title: 05-071-64, 94-376-64 Source: StateNet VA Signed into law 03/2003 P-12 Amends Standard 1 of the Standards of Quality to express the belief of the General Assembly and the Board of Education that the quality of public education is dependent upon an appropriate learning environment within school facilities built and equipped to meet the Standards of Quality. Title: H.B. 1493 Source: StateNet CA Emergency Rule Adoption 02/2003 P-12 Establishes emergency rules concerning requirements for financing charter school construction projects, pursuant to Charter School Facilities Program. CALIFORNIA REG 15069 (SN) Title: Title 4 CCR 10151 thru 10162 Source: StateNet AK Approved by voters 11/2002 P-12 State General Obligation Educational and Museum Facility, Design, Construction, and Major Maintenance Bonds $236,805,441. An Act relating to the issuance of general obligation bonds for the purpose of paying the cost of design, construction, and major maintenance of educational and museum facilities; and providing for an effective date. (http://www.gov.state.ak.us/ltgov/elections/02genr/bm02gen.htm) Title: Bonding Proposition C Source: Alaska Division of Elections OR Approved by voters 11/2002 P-12 (SJR 21) Amends Constitution: Authorizes State To Issue General Obligation Bonds For Seismic Rehabilitation Of Public Education Buildings (Defined) (http://sos-venus.sos.state.or.us:8080/elec_srch/web_irr_search.record_detail?p_reference=20020302..QSCYYY) Title: Measure 15 Source: Oregon Elections Division CA Signed into law 09/2002 P-12 Clarifies the information that is required to be included in the Governor's annual report to the Legislature concerning a 5-year plan for infrastructure needed by state agencies, schools and postsecondary education institutions and a proposal for funding the needed infrastructure. Requires any revision to the report to provide that the goals are consistent with state planning priorities. Defines those priorities to include infill development and redevelopment. Title: A.B. 857 Source: Lexis-Nexis/StateNet CA Signed into law 09/2002 P-12 Authorizes the Redevelopment Agency, the Housing Authority, the Housing Commission, the Unified School District of San Diego and the City of San Diego to enter into a joint power agreement to create and operate a joint powers agency with all of the powers of those agencies to acquire property, construct, improve or finance one or more schools, housing projects, parks, recreational facilities and anything necessary for their operation. Title: A.B. 2867 Source: Lexis-Nexis/StateNet CA Chaptered by Secretary of State. Chapter No. 09/2002 P-12 Requires the Energy Resources Conservation and Development Commission, in consultation with the State Department of Education and the Division of the State Architect and the Office of Public School Construction within the Department of General Services, to recommend best design practices that include energy efficiency measures for all new public schools and to report the recommendations to the Governor and Legislature. Title: S.B. 284 Source: Lexis-Nexis/StateNet OR Approved by voters 9/2002 09/2002 P-12 (HJR 80 - 2002) Amends the Constitution. Creates a "rainy day" reserve fund for public schools and colleges by converting the existing Education Endowment Fund to the Education Stability Fund. Allocates $150 million from the fund for local school budgets. Increases the percentage of net proceeds from the state lottery fund that are allocated to this fund. Creates a matching fund to help school districts with construction needs. Title: Measure 19 Source: Oregon Elections Division CA Signed into law 07/2002 P-12 Prohibits School Facilities Improvement District special bond election within a 45-day period before or after a Statewide election, unless called for the same date as the Statewide election or an established election date. Title: A.B. 693 Source: Lexis-Nexis/StateNet MO Signed into law 06/2002 Postsec. Community College Repeals and reenacts without change the statue that sets community college property tax rates and creates a procedure to establish capital improvement subdistricts within community college districts, which may levy taxes with voter approval. Title: H.B. 2022 Source: Sumaries of Truly Agreed to and Finally Passed Bills 2002 AZ Became law without governor's signature 06/2002 P-12 Creates new sections permitting 1) school facilities board to acquire school facilities to permit local districts to use through a lease-to-own program; and 2) a school district to acquire facilities through lease-to-own arrangements with the school facilities board. Establishes $200 million per fiscal year as the maximum amount for which school facilities board may enter into lease-to-own transactions. See section 35: http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm Title: Omnibus--H.B. 2710 Source: http://www.azleg.state.az.us AZ Signed by governor 06/2002 P-12 Requires districts to include in their annual capital plan the number of high school pupils the district currently pays tuition to or accepts students from another district to educate. Requires the school facilities board, the receiving school district and the resident school district, if more than 350 students are served outside the pupils' resident school district, to create a capital facilities plan on how best to provide educational services to those students. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0286.htm Title: H.B. 2096 Source: AZ Became law without governor's signature 06/2002 P-12 States that dates by which actions must be completed do not apply to the Arizona state schools for the deaf and the blind. Requires that school facilities board ensure that deficiencies in the facilities for these schools are assessed by December 31, 2002. See Section 52: http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm Title: Omnibus--H.B. 2710 Source: http://www.azleg.state.az.us AZ Became law without governor's signature 06/2002 P-12 Bars school facilities board from disbursing funds to districts from the deficiencies correction fund for projects begun after June 30, 2003 or that were authorized by school facilities board after May 10, 2002. Requires any district receiving monies from the building renewal fund to provide school facilities board by October 15 of each year with a comprehensive five-year plan specifying the proposed use of building renewal funds. As of July 1, 2002, bars any district from receiving monies from the building renewal fund for buildings to be replaced with new buildings funded with deficiencies corrections monies. States that replacement buildings are ineligible to receive building renewal funding until the fiscal year after the completion of the building. Allows districts to use 8% of building renewal amount for routine preventative maintenance. Requires board to consult with district maintenance specialists and subsequently offer examples of recommended services qualifying as routine preventative maintenance. Defines "routine preventative maintenance." Specifies that district building renewal monies for routine preventative maintenance may be used to supplement and not supplant expenditures from other funds for school building maintenance. Auditor General to establish method to determine compliance. Requires a school district, in connection with any audit performed by a certified public accountant, to contract for an independent audit to ascertain whether the district used building renewal funds to lower the district's existing level of routine preventative maintenance funding. Gives auditor general power to conduct discretionary reviews of any district that is not required to contract for an independent audit. Repeals section governing deficiencies correction fund from and after June 30, 2004. See sections 37, 38 and 43: http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm Title: Omnibus--H.B. 2710 Source: http://www.azleg.state.az.us AZ Became law without governor's signature 06/2002 P-12 Establishes September 1 as deadline for districts to submit capital plan to school facilities board. Section formerly allowed district to use surplus monies received from school facilities fund for any other capital purpose; section now mandates that district return surplus monies received from school facilities fund to the school facilities board for deposit in the new school facilities fund. Now district may keep surplus monies for any other capital purpose only if the school facilities board deems the project to have been completed with quality products as determined by the school facilities board. Mandates that if district employs its own project manager for new school construction, local school board members and the project manager must sign an affidavit attesting that the members and project manager comprehend and will comply with the minimum adequacy requirements established in statute .See section 39: http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm Title: Omnibus--H.B. 2710 Source: http://www.azleg.state.az.us AZ Became law without governor's signature 06/2002 P-12 Makes addition to subsection forbidding local board to reduce pupil square footage when such action would cause the district to fall below minimum adequate gross square footage requirements without written permission of school facilities board. Addition specifies that reduction includes a reconfiguration of grades resulting in reduction of pupil square footage of any grade level, but that this subsection does not apply to a maximum of one-year reconfiguration of grades to accommodate new school construction. http://www.azleg.state.az.us/legtext/45leg/2r/bills/hb2710c.htm Title: Omnibus--H.B. 2710 Source: www.azleg.state.az.us MD Signed into law 05/2002 P-12 Establishes appointed New Prince George's County Board of Education and requirements for membership. Provides for compensation of board members. Allows for nonvoting student member. Establishes Chief Executive Officer as executive officer, secretary, and treasurer of county board. Establishes duties of CEO of the board in Prince George's County. Creates selection process for superintendent for Prince George's County. Establishes office, duties and selection process of chief academic officer, chief financial officer and chief accountability officer in Prince George's County. Establishes Parent and Community Advisory Board in Prince George's County; requires regular board and CEO consultation with the Parent and Community Advisory Board. Requires Prince George's County CEO to develop comprehensive master plan, for the board to review, approve, and begin implementation of by November 1, 2002. Requires state board and state superintendent to review and approve master plan. Establishes numerous required areas the master plan must address, including curriculum, professional development, personnel evaluation, addressing the needs of at-risk students and closing the achievement gap. Requires CEO and board to publish annual report addressing specified areas. Allows Prince George's County board or designated committee to hear appeal of CEO's decision on areas affecting specific student. Requires annual allocation of state and Prince George's County government funds through FY07 for public school construction projects. Makes project release for bidding contingent upon approval by the Interagency Committee on School Construction. Changes borders of Prince George's County. Establishes system for election, removal and compensation of Prince George's County board members, 5 representing local areas and 4 at large. Allows for voting student member; student member prohibited from voting on specified administrative and personnel issues. Terms of appointed New Prince George's County board members to expire December 3, 2006. Requires chief academic officer of Prince George's County to devise plan for teacher participation in development of curriculum, instruction, and professional development. Provides for supplementary annual state funding for Prince George's County in FYs 04-07 contingent upon and to the degree of achievement of benchmarks and outcomes in the master plan approved by the state superintendent and state board. Requires New Prince George's County Board to locate interim CEO by August 15, 2002 and permanent CEO by January 1, 2003. Requires consultant to perform comprehensive review of Prince George's County system and new board by June 1, 2006, including review of educational and management reforms made by new board. http://mlis.state.md.us/2002rs/bills/hb/hb0949e.rtf Title: H.B. 949 Source: mlis.state.md.us MD Signed into law 05/2002 P-12 Increases maximum of aggregate principal amount of bonds outstanding that Baltimore district may hold from $25 million to $75 million. Require Baltimore board and CEO to ensure increased community involvement and outreach in support of the city's public schools. Deletes 1997 section requiring adoption and implementation of transition plan. Replaces with requirement that by June 1, 2002, Baltimore district CEO submit 5-year comprehensive master plan to board for review and approval by August 30, 2002 and subsequent review and approval by state board and superintendent. Requires CEO or designee to consult with specified others, including teachers, students and parents during the development of the master plan. Requires master plan to be updated and submitted for state board and superintendent review and approval on annual basis. Establishes areas which master plan must address. Requires department and Baltimore school system to jointly develop a principal development initiative pairing distinguished principals from outside the system and action support teams with principals in training in Baltimore. Addresses minimum appropriations to Baltimore Public School System. Requires consultant to evaluate the Baltimore City-State Partnership and the reform initiatives of the Baltimore City Public School System by December 1, 2006, and the board of commissioners and the state board to report to the general assembly on a review of the evaluation by January 15, 2007. Requires chief officers of Baltimore Public Schools to meet on at least a quarterly basis with the Special Master assigned to the case, after 6 of which meetings the CEO and the state superintendent may adjust the communication schedule. Requires state and Baltimore agencies to communicate on at least a quarterly basis on facilities planning in the Baltimore Public Schools, including on capital improvement program issues. Requires transfer of certain real property assets from Baltimore City Public School System to Baltimore City Board of Commissioners. Through June 30, 2009, permits Board of Public Works to approve state funding for capital improvements to Baltimore public school buildings deeded to Baltimore board or mayor and city council of Baltimore. Requires city to continue cooperation with school system to eliminate environmental hazards in the school system. Permits funds appropriated for the Baltimore City-State Partnership to be used to support the principal development initiative. http://mlis.state.md.us/2002rs/bills/hb/hb0853e.rtf Title: H.B. 853 Source: mlis.state.md.us HI Signed into law 05/2002 P-12 Continues 2001-02 appropriation to fund position in the department of accounting and general services to coordinate public and private efforts to repair and maintain public schools. http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2068_.htm Title: S.B. 2068 Source: www.capitol.hawaii.gov MD Vetoed 05/2002 P-12 Establishes new allocation method for district grants under the Aging Schools Program; provides specified additional funds yearly to county boards. Establishes Task Force to Study Public School Facilities, establishes duties and membership. Requires task force to report to the governor and general assembly by December 31, 2002, at which time task force is dissolved. http://mlis.state.md.us/2002rs/bills/hb/hb0937e.rtf http://mlis.state.md.us/2002rs/veto_letters/hb0937.htm Title: H.B. 937 Source: mlis.state.md.us FL Signed into law 05/2002 P-12 According to state legislative summary, "To ensure that educational facilities information used by the legislature is accurate, [section] is amended to provide that the department is to conduct an on-site review of a statistically valid sample of 5% of the facilities reported to the Florida Inventory of School Houses [FISH] by each school district. If the information provided by the district is less than 95% accurate, the district must submit revised and corrected data to the FISH. If the district fails to submit corrected data that is at least 95% accurate within one year from the date of notification by the department, the commissioner of education may exercise discretion of withholding future state fixed capital outlay funds until such time as the district submits corrected information; [section] is amended to provide that the department is to conduct an in-depth analyses [sic] each year of a representative sample of five school districts selected from among the districts with surveys showing the largest need-to-revenue ratio based on the five-year fixed capital outlay revenue projection. If the districts survey does not accurately project its facilities needs it must revise its survey. If a district fails to revise its survey to accurately project its facility needs the commissioner may exercise discretion of withholding future state fixed capital outlay funds until such time as the district corrects its survey." See http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf Title: S.B. 20E Source: http://www.leg.state.fl.us FL Signed into law 05/2002 P-12 Postsec. Community College According to state legislative summary, "Clarifies that school district, community college and university facilities are to comply with the 'appropriate' sections of the Florida Building Code. See bill section 837, page 1550, line 22 ff. Also according to state legislative summary, "Exempts charter schools from building permit fees, etc." See bill section 859, page 1577, line 10 ff: http://www.leg.state.fl.us/data/session/2002E/Senate/bills/billtext/pdf/s0020Eer.pdf Title: S.B. 20E Source: http://www.leg.state.fl.us FL Signed into law 05/2002 P-12 According to legislative summary, "More school districts will qualify for awards from the school infrastructure program because [the bill specifies that] the space counted will not include hurricane shelters." Title: S.B. 20E Source: www.leg.state.fl.us FL Signed into law 05/2002 P-12 Addresses facilities and local government/district collaborative efforts. http://www.leg.state.fl.us/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb1906er.html&Directory=session/2002/Senate/bills/billtext/html/ Title: S.B. 1906 Source: www.leg.state.fl.us MD Signed into law 05/2002 P-12 Requires that county board financial audit results be reported to state superintendent, county fiscal authority, and specified house and senate committees. Requries Management Oversight Panel to monitor implementation of audits' recommendations and coordination office to support Management Oversight Panel until the state superintendent determines that all the audits' recommendations have been addressed. Modifies the basic current expense formula to create a new foundation program for state education funding; creates a compensatory education funding program; creates a funding program for students with limited English; creates a special education funding program; establishes guaranteed tax base program. Extends funding for public school construction projects in Prince George's County and Baltimore City from 2003 to 2004. Establishes Task Force to Study Public School Facilities; requires task force to study specified issues in the realms of school construction. Terminates task force on December 31, 2002. Provides unrestricted grants of specified amounts in FY 03 to county boards. Requires Prince George's County Board to develop and submit comprehensive master plan and Superintendent to approve master plan before it receives its unrestricted grant. http://mlis.state.md.us/2002rs/bills/sb/sb0856e.rtf Title: S.B. 856 Source: mlis.state.md.us AZ Signed into law 04/2002 P-12 Sets limits to amount that local board may budget outside of the capital outlay revenue limit. Requires districts pursuing desegregation voluntarily or under mandate to report to the department biennially on desegregation expenditures, activities and documented progress towards unitary status. Report must include a demonstration of demographic and academic achievement trends. Establishes joint legislative committee on desegregation expenses. Sets limits on district expenditures on desegregation activities. http://www.azleg.state.az.us/legtext/45leg/2r/laws/0068.htm Title: H.B. 2550 Source: www.azleg.state.az.us NH Signed into law 04/2002 P-12 Establishes a committee to study indoor air quality and fire safety in public schools. Title: H.B. 329 Source: http://www.state.nh.us/gencourt/gencourt.htm NE Signed into law 04/2002 P-12 LB 391 is the Nebraska Schools Construction Alternatives Act. The bill allows a school district to enter into a design-build contract or construction management at risk contract for a public project if the school adheres to specified procedures. It is voluntary on the part of the school district whether these types of contracts are used for capital construction projects. School districts that opt to enter into these contracts may do so in some instances to accelerate building projects and reduce capital expenditures. http://www.unicam.state.ne.us/Legal/SLIP_LB391.pdf Title: L.B. 391 Source: http://www.unicam.state.ne.us VA Signed into law 04/2002 P-12 Makes the local governing body of a locality a tenant in common with the local school board in instances where the locality has incurred a multi- year financial obligation to fund the acquisition, construction or improvement of public school property. http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+CHAP0674 Title: S.B. 276 Source: http://leg1.state.va.us VA Signed into law 04/2002 P-12 Authorizes school boards to enter into agreements with private business and industry for the establishment, installation, renovation, remodeling, or construction of satellite classrooms for grades kindergarten through three on a site owned by the business or industry and leased to the school board at no cost. The local school board may adopt procedures for the enrollment of children of employees of the private industry who reside outside the attendance zone for such classrooms. Such procedures shall be designed to ensure compliance with all federal and state laws and regulations and constitutional provisions prohibiting discrimination that are applicable to public schools and with any court-ordered desegregation plan in effect for the school division. Agreements for such satellite classrooms, shall include, among other things, (i) a detailed description of the satellite site, the site development necessary for new construction, remodeling, or renovation for the accomplishment of the project, and any facility to be constructed; (ii) a plan for the reimbursement of the school division by the private industry or business upon premature termination of any such lease agreement; (iii) an enrollment plan, including grade levels to be served; and (iv) a description of any waivers to be requested from the Board of Education for the operation of such satellite classrooms. This bill also authorizes in the tax code the relevant local government, by ordinance, to provide an exemption, in whole or in part, from the licensure tax for private businesses and industries entering into these agreements. http://leg1.state.va.us/cgi-bin/legp504.exe?021+ful+CHAP0717 Title: H.B. 755 Source: http://leg1.state.va.us ME Signed into law 04/2002 P-12 Authorizes a $28,500,000 General Fund bond issue to capitalize the School Revolving Renovation Fund, to provide grants to public educational institutions to install sprinkler systems in dormitories, to renovate the Harlow Office Building and to provide a center for homeless teenagers. http://janus.state.me.us/legis/bills/billdocs/LD212801.doc Title: H.B. 1628 Source: janus.state.me.us UT Signed into law 04/2002 Postsec. Modifies provisions related to security procedures at State Institutions of Higher Education by allowing the State Board of Regents to authorize institutional to establish no more than 1 bearing room at each institution as a secure area. Title: S.B. 164 Source: Lexis-Nexis/StateNet WA Signed into law 03/2002 P-12 Relates to clarifying the uses of the school district capital projects fund to include the costs of implementing technology facilities plans; includes costs associated with implementing technology systems, facilities, and projects, including acquiring hardward, licensing software, and on-line applications and training related foregoing. Title: S.B. 6515 Source: Lexis-Nexis/StateNet WV Signed into law 03/2002 P-12 Relates to air quality in new schools; requires rules to establish a process for independent radon testing, adjusting and valacing heating, ventilation and air conditioning systems; requires training of personnel in the maintenance and operation of such systems. Title: S.B. 32 Source: Lexis-Nexis/StateNet WY Signed into law 03/2002 P-12 Relates to school capital construction; establishes a school capital construction system; establishes a state school facilities commission; prescribes transitional school building activities; provides for school bonds. Title: H.B. 43 Source: Lexis-Nexis/StateNet ID Signed into law 03/2002 P-12 Amends existing law to extend conditions for applications to the School Safety and Health Revolving Loan and Grant Fund to include authority to draw upon the fund for grants for indebtedness incurred for the abatement of unsafe or unhealthy conditions; provides for the method for determination of present value. http://www3.state.id.us/oasis/S1431.html Title: S.B. 1431 Source: www3.state.id.us ME Signed into law 03/2002 P-12 Removes the cap on the fees charged by the Department of Administrative and Financial Services, Bureau of General Services for services associated with a school construction project; requires the Department of Education to report on the results of a survey to access the level of satisfaction with the school construction service of the bureau. Title: H.B. 373 Source: Lexis-Nexis/StateNet IN Signed into law 03/2002 P-12 Expands the definition of educational facility project for purposes of the Indiana Development Finance Authority Law to permit the authority to provide funding to certain nonprofit corporations for real property and improvements, personal property, and noncapital costs to fund a judgment, settlement, or other cost or liability. Title: H.B. 1143 Source: Lexis-Nexis/StateNet ID Signed into law 03/2002 P-12 Amends existing law to clarify requirements for the abatement of unsafe or unhealthy conditions in school buildings; defines a serious safety hazard; provides for a response to a serious safety hazard within the time specified and for an appeal of the finding; authorizes injunctive relief for failure to comply with a notice or order relating to a serious safety hazard; provides for penalties for violations. http://www3.state.id.us/oasis/S1434.html Title: S.B. 1434 Source: www3.state.id.us NM Signed into law 03/2002 P-12 Enacts the School Revenue Bond Act; allows federal funds to be pledged for school revenue bonds. A local school board may issue bonds to finance the purchase, construction, renovation, equipping or furnishing of an income project and may irrevocably pledge any or all pledgeable revenue to the payment of those bonds and to the debt service reserve fund if one is established for the bonds. Title: H.B. 359 Source: Lexis-Nexis/StateNet GA Signed into law 02/2002 P-12 Authorizes supplementary appropriation, by issuance of general obligation bonds, to the State of Georgia General Obligation Debt Sinking Fund for educational facilities for county and independent schools, through the State Board of Education and the Georgia State Financing and Investment Commission. Title: H.B. 1000 Source: Lexis-Nexis/StateNet ME Approved by voters 11/2001 P-12 Private and Special Law No. 40., (LD 1707) Authorizes a bond issue to capitalize the School Revolving Renovation Fund for repairs and improvements in public school facilities to address health, safety and compliance deficiencies, general renovation needs and learning space upgrades. Approved by voters November 2001. Title: S.B. 549/ Bond Issue Question 4 Source: Maine Secretary of State Web site CA Signed into law 08/2001 P-12 Chapter No.194, Defines major maintenance for purposes of the Greene Act, requires commencing on a certain date, any school district applying for funding pursuant to the Greene Act to annually review the plan, update it as needed, and certify that it is in compliance with the plan. Title: A.B. 1558 Source: Lexis-Nexis/StateNet OR Signed into law 07/2001 P-12 Requires school facility plan for high growth school district to cover a period of at least 5 years; expands analyses that must be included in plan; requires school district to cooperate with the city or county, or both, to identify land for school facilities if district determines there is an inadequated supply of suitable land. Title: H.B. 3045 Source: Lexis-Nexis/StateNet OR Signed into law 07/2001 P-12 Postsec. Community College Requires inventory and rehabilitation of certain public school, community college and public university buildings that would pose threat to occupant safety in event of earthquake. Title: S.B. 14 Source: Lexis-Nexis/StateNet MN Vetoed 06/2001 P-12 Relates to capital improvements; appropriates funds for capital improvement, flood hazard mitigation grants, acquisition of easements and to implement conservation practices on frequently flooded croplands, the Closed Landfill Cleanup Program, the Maximum Effort School Loan Fund, and economic development purposes; authorizes the issuance of bonds. Title: H.B. 8A Source: Lexis-Nexis/StateNet OR Signed into law 06/2001 P-12 Requires local government to amend urban growth boundary if analysis finds actual housing types and densities insufficient for next 20 years; requires inclusion of certain school facilities, parks and open spaces. Title: H.B. 2976 Source: Lexis-Nexis/StateNet AK Signed into law 06/2001 P-12 Postsec. Relates to funding and use of the Tobacco Use Education and Cessation Fund; Relates to finance of construction and major maintenance of public school facilities; authorizes the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a tobacco settlement to the Northern Tobacco Securitization Corporation; authorizes the issuance of bonds by the Corporation with proceeds to finance public schools and maintenance for the University of Alaska. Title: H.B. 234 Source: Lexis-Nexis/StateNet SC Signed into law 06/2001 Postsec. Authorizes the Board of Trustees of State University and other institutions of higher education to enter into a ground lease agreement with a private entity for providing all services necessary to the creation and operation of an on-campus student housing facility including, financing, designing, constructing, managing, operating, maintaining and related services; provides for the terms and conditions of this ground lease agreement including approval by the Budget and Control Board. Title: S.B. 557 Source: Lexis-Nexis/StateNet OR Signed into law 05/2001 P-12 Authorizes Health, Housing, Educational and Cultural Facilities Authority to finance projects for public and nonprofit schools providing pre-kindergarten through grade 12 education. Title: H.B. 3207 Source: Lexis-Nexis/StateNet HI Signed into law 05/2001 P-12 Funds backlog of repair and maintenance for public school facilities through general obligation; establishes funding formula for on-going preventive repair and maintenance. Title: S.B. 1577 Source: Lexis-Nexis/StateNet HI Signed into law 05/2001 P-12 Establishes the school repair and maintenance trust fund as a separate fund of Hawaii 3R's, a nonprofit corporation, for coordination of private and federal efforts to repair and maintain public schools; establishes a tax credit and procurement procedures for state contracts. Title: S.B. 493 Source: Lexis-Nexis/StateNet CO Signed into law 05/2001 P-12 Creates the Information Technology Education Grant Program; provides money to school districts and charter schools to use in integrating information technology education into secondary curriculum in public schools; creates a Information Technology Fund to fund such grants. Title: H.B. 1163 Source: Lexis-Nexis/StateNet CO Signed into law 05/2001 P-12 Concerns the capital construction needs of charter schools; provides that a portion of the proceeds from approved school district bond measures on or after a certain shall go to charter schools in amount determined by a proportioned ratio of the charter school's pupil enrollment in the grades that are served by one or more primarily situated noncharter public schools that will be constructed or maintained by the bond proceeds. Title: S.B. 237 Source: Lexis-Nexis/StateNet FL Signed into law 05/2001 Postsec. 2001-79., Creates Higher Educational Facilities Financing Act; creates the Higher Educational Facilities Financing Authority; provides criteria for and covenants relating to authorization of issuance of notes and revenue bonds not obligating the full faith and credit of the authority, any municipality, the state, or any political subdivision; providing for loans from revenue bonds to participating institutions; providing for trust funds and remedies of bondholders. Title: S.B. 302 Source: Lexis-Nexis/StateNet ME Signed into law 05/2001 Postsec. (LD 147) Prohibits the Maine State Commission for Higher Education Facilities from accepting funds from any source that would place conditions or restrictions on the use of funds in such a way as to interfere with or otherwise restrict the academic freedoms of state colleges and universities. Title: H.B. 136 Source: Lexis-Nexis/StateNet FL Signed into law 04/2001 P-12 Authorizes school districts to qualify construction projects for funding under Special Facility Construction Account by using school capital outlay surtax in lieu of maximum millage against their nonexempt assessed property value; specifies funding eligibility of certain projects. Title: H.B. 1 Source: Lexis-Nexis/StateNet GA Signed into law 04/2001 P-12 Act No. 212., Provides supplementary appropriations for public school capital outlay for the state fiscal year ending June 30, 2001, in addition to the appropriation made by the General Appropriations Act and any other appropriations. Title: H.B. 139 Source: Lexis-Nexis/StateNet NM Vetoed 04/2001 P-12 Provides criteria and procedures for funding public school capital outlay projects for public school buildings; authorizes the issuance of short term severance tax bonds, supplemental severance tax bonds and statewide public school general obligation bonds. Creates a deficiencies correction unit as part of the public school capital outlay council. Creates the public school capital outlay task force. Title: S.B. 167 Source: New Mexico Legislative Web Site MD Signed into law 04/2001 P-12 Authorizes the creation of a State Debt to be used as a grant to the Interagency Committee on School Construction for the allocation to the eligible school system under the Aging School Program for the repair, renovation, and capital improvements of qualified zoned academies. Title: S.B. 288 Source: Lexis-Nexis/StateNet NM Signed into law 04/2001 P-12 Upon a finding of need, the boards of every school district in a county that is either located wholly within the exterior boundaries of the county or that has a student membership no more than ten percent of whom reside outside the exterior boundaries of the county may enter into a joint agreement to submit a resolution to the governing body of the county requiring the governing body to impose a county education gross receipts tax and to issue county education gross receipts tax revenue bonds for funding public school capital projects and, if applicable, off-campus instruction program capital projects. The boards must agree to provide at least one-fourth of the bond proceeds for capital projects for an off-campus instruction program, if one of the school districts in the county has established such a program. The remaining revenues shall be distributed proportionately to each school district for public school capital outlay projects based on the ratio that the population of each school district, according to the 2000 federal decennial census, bears to the population of all of the school districts in the county who are parties to the agreement. Title: S.B. 516 Source: New Mexico Legislative Web Site MD Signed by Governor 04/2001 Postsec. Increasing to $875,000,000, the bonding authority for the University System of Maryland; approving certain projects for the acquisition, development, and improvement of certain academic facilities for the University System of Maryland; and approving the issuance of bonds by the University System of Maryland for financing the projects. Title: H.B. 1263 Source: Lexis-Nexis/StateNet ME Signed into law 04/2001 P-12 Public Law No. 38., 39 (LD 346) Clarifies that communities that are part of a school administrative district or other single or multicommunity school district may deposit the proceeds of school impact fees in a trust fund to be used to pay their proportionate share of anticipate school capital costs. Title: H.B. 268 Source: Lexis-Nexis/StateNet KY Signed into law 03/2001 P-12 Relates to school facilities construction; provides that "available local revenue" for school building construction shall no longer include the balance of the general fund budget above 10 percent and shall now include the bonding potential of capital outlay and building funds. Title: H.B. 173 Source: Lexis-Nexis/StateNet AR Signed into law 03/2001 P-12 Directs the establishment of regulations regarding self-construction projects by public educational entities. Title: S.B. 818 Source: Lexis-Nexis/StateNet NJ Signed into law 03/2001 P-12 Provides school district budget cap adjustment for expenses related to opening of new school facility during the budget year; states the district's budget may also be adjusted for increases in enrollment, certain capitol outlay expenditures for courtesy busing services and per pupil education costs in excess of a set amount; provides an additional adjustment for expenditures associated with opening a new school facility. Title: A.B. 3076 Source: Lexis-Nexis/StateNet AR Signed into law 03/2001 P-12 Authorizes an increase in school district bond debt to 35% of the assessed value of real and personal property in the district in cases of unexpected, unforeseen or extreme hardship. Title: H.B. 2240 Source: Lexis-Nexis/StateNet UT Signed into law 03/2001 P-12 Modifies provisions relating to the state system of public education in the funding of the Minimum School Program. This act provides a ceiling for the state contribution of the operation and maintenance portion of the Minimum School Program Act not to exceed $1,586,482,794. Establishes the value of the weighted pupil unit at $2,132, establishes block grants and distribution formulas, and provides a $28,358,000 appropriation for school building aid. http://www.le.state.ut.us/~2002/bills/sbillenr/sb0003.htm Title: H.B. 3, S.B. 3 Source: http://www.le.state.ut.us AZ Signed into law 03/2001 P-12 Relates to the School Facilities Board; provides for sale of school property; provides for authorization to issue bonds for school construction; provides for repairs to school buildings. Title: S.B. 1181 Source: Lexis-Nexis/StateNet WY Signed into law 03/2001 P-12 Relates to major building and facility repair and replacement payments; modifies major maintenance payment computations; imposes major maintenance payment expenditure reporting requirements upon districts; requires the State superintendent to report information and to review the effect of payment expenditures on district building needs. Title: H.B. 5 Source: Lexis-Nexis/StateNet AR Signed into law 03/2001 Postsec. Amends code sections pertaining to Arkansas State Building Services review and approval of higher education institution capital improvements. Title: S.B. 512 Source: Lexis-Nexis/StateNet WY Signed into law 03/2001 P-12 Relates to school capital construction; imposes a condition on state building adequacy standards. Title: H.B. 275 Source: Lexis-Nexis/StateNet SD Veto overridden 02/2001 P-12 Authorizes the funding of textbooks through the school capital outlay fund. Title: H.B. 1196 Source: Lexis-Nexis/StateNet WY Signed into law 02/2001 P-12 Relates to school capital construction; establishes a select committee on capital construction; provides an appropriation. Title: S.B. 167 Source: Lexis-Nexis/StateNet SD Signed into law 02/2001 P-12 Adjusts the use of the capital outlay fund; provides that it may also be used for installment or lease-purchase payments for the purchase of public school real property, plant or equipment, which have a contracted terminal date not exceeding twenty years. Title: H.B. 1006 Source: Lexis-Nexis/StateNet CA Unofficially approved by Voters 11/2000 P-12 Community College PROPOSITION 39 Authorizes bonds for construction, reconstruction, rehabilitation or replacement of school facilities if approved by 55% vote for projects evaluated by schools, community college districts, county education offices for safety, class size, and information technology needs. Title: V. 29 Source: Lexis-Nexis/StateNet NC Approved by voters 10/2000 Postsec. BOND REFERENDUM Issues the State of North Carolina Higher Education Improvement Bonds, constituting general obligation bonds of the State secured by a pledge of the faith and credit and taxing power of the State for the purpose of providing funds, with any other available funds, to pay all or part of the cost of (i) renovating labs, classrooms, and buildings, and (ii) providing other capital improvements at the 16 campuses of the constituent institutions. Title: V. 1 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Chapter No.530, Authorizes new construction or modernization on real property leased to a school district if certain conditions are met. Title: A.B. 2408 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Chapter No.458, Requires each school district that elects to participate in the new construction program under the Leroy F. Greene School Facilities Act of 1998 to submit to the State Allocation Board a one-time report of existing school building capacity, pursuant to a prescribed calculation. Adjusts the calculation when an applicant school district proposes to demolish a single story building and replace it with a multistory building on the same site, if specified conditions are met. Title: A.B. 801 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Authorizes the State Allocation Board to fund joint-use projects to construct libraries, multi-purpose rooms, and gymnasiums if specified conditions are met and would authorize the board to adopt related funding priority regulations. Title: S.B. 1795 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Postsec. Community College Requires the State Board of Education to develop criteria for the review and approval of charter school petitions. Makes technical revisions relating to passage of local school bond measures. Prohibits issuance of the bonds unless the property tax rate levied to meet the requirements of indebtedness incurred by a school district or community college district at a single election doesn't exceed a certain amount. Title: A.B. 2659 Source: Lexis-Nexis/StateNet NJ Signed into law 09/2000 Postsec. Increases the amount of bonds and notes which may be issued to provide additional State support for county colleges; states said bonds and notes may be issued by the County Board of Freeholders or the New Jersey Educational Facilities Authority, after certification by State Treasurer that additional support is necessary; provides State aid for debt services be paid in accordance with the amount of bonds or notes issued; provides bonds are not a liability of the State. Title: S.B. 1311 Source: Lexis-Nexis/StateNet CA Rejected by voters 08/2000 P-12 Community College BALLOT NO. 833 (SA99F0004), PROPOSITION 26; Authorizes schools, community college districts, and county education offices that evaluate safety, class size, information technology needs to issue bonds for construction, reconstruction, rehabilitation or replacement of school facilities if approved by majority of applicable district or county voters. Prohibits bond use for teacher, administrator salaries, other school operating expenses. Includes accountability requirements. Title: V. 15 Source: Lexis-Nexis/StateNet CA On 11/07/2000 Ballot 07/2000 P-12 Community College PROPOSITION 39; Authorizes bonds for construction, reconstruction, rehabilitation or replacement of school facilities if approved by 55% vote for projects evaluated by schools, community college districts, county education offices for safety, class size, and information technology needs. Title: V. 29 Source: Lexis-Nexis/StateNet CA Signed into law 07/2000 P-12 Postsec. Community College Requires a) specified notification to affected school districts, county offices of education, community college districts, California State Universities, the University of California, or a state agency prior to enacting or changing capital facilities fees, and b) any judicial action or proceeding that protests or challenges a rate or charge that contains a capital facilities fee or that seeks the refund of capital facilities fees. Title: A.B. 1674 Source: Lexis-Nexis/StateNet OH Signed into law 06/2000 P-12 Authorizes a Board of Education to acquire real property needed for school purposes by exchanging real property that the board owns for the property or by using real property that the board owns as consideration in the purchase of the property. Title: S.B. 269 Source: Lexis-Nexis/StateNet OH Signed into law 06/2000 P-12 Sets aside school facilities assistance moneys for school districts with exceptional needs; permits any school district to participate in the School Building Assistance Expedited Local Partnership Program; makes other changes to the Classroom Facilities Assistance Program. Title: S.B. 272 Source: Lexis-Nexis/StateNet AK Signed into law 06/2000 P-12 Makes capital appropriations that are funded from the sale of revenue bonds that are issued by the Alaska Housing Finance Corporation or a subsidiary of the Alaska Housing Finance Corporation and that are to be repaid either from the revenue derived from the settlement of State of Alaska v. Phillip Morris, Incorporated, or from revenue of the Alaska Housing Finance Corporation to the Department of Education and Early Development for public school facilities. Title: H.B. 287 Source: Lexis-Nexis/StateNet NJ Signed into law 06/2000 Postsec. Requires installation of automatic fire suppression systems in all dormitories at public or private institutions of higher education. Title: S.B. 891 Source: Lexis-Nexis/StateNet NJ Signed into law 06/2000 P-12 Postsec. Concerns the Educational Facilities Construction and Financing Act; concerns the construction and financing of public school facilities. Title: S.B. 200 Source: Lexis-Nexis/StateNet OK Signed into law 06/2000 P-12 Postsec. Relates to education and general obligation bonds; provides that the act may be cited as the Oklahoma Education and Infrastructure Bond Act. Primarily appropriations, but notes that for Fiscal Year ending 6-30-2002 and thereafter, it is the intent of the legislature to appropriate sufficient monies to make rental payments for the purpose of retiring the obligations created pursuant to the law. Title: S.B. 2A Source: Lexis-Nexis/StateNet OK Signed into law 06/2000 Postsec. Relates to revenue and taxation and higher education. Appropriates to the Oklahoma State Regents for Higher Education $634,890,903 from the general fund to increase faculty salaries 3% and to correct deferred maintenance in public postsecondary institutions throughout the state. Title: S.B. 984 Source: Lexis-Nexis/StateNet OK Signed into law 06/2000 Postsec. Relates to revenue and taxation and higher education. Appropriates $634,890,903 from the general fund to increase faculty salaries 3% and to correct deferred maintenance in public postsecondary institutions throughout the state. Title: H.B. 2249 Source: Lexis-Nexis/StateNet SC Became law without governor's signature 06/2000 P-12 Authorizes the Board of Education to acquire school buildings and other facilities relating to school district operations; allows this acquisition by means of a lease purchase agreement. Title: H.B. 4970 Source: Lexis-Nexis/StateNet CO Signed into law 05/2000 P-12 Concerns public schools; authorizes charter schools to impose fees for excess transportation costs and to engage in the building, planning and inspection process; authorizes public schools to use capital reserve fund expenditures for certain purposes. Title: H.B. 1124 Source: Lexis-Nexis/StateNet ME Signed into law 05/2000 P-12 Public Law No. 789, (LD 870); Improves public school safety and learning environments; allows a municipality to expend funds for school construction or renovation if expenditure is approved by the voters at an election; requires Board of Education and Department of Education to conduct a study and create a plan to address the needs for improved and new facilities for projects low on the priority list; provides extra renovation funds to capitalize on a revolving fund; carries over unused funds. Title: S.B. 298 Source: Lexis-Nexis/StateNet CO Signed into law 05/2000 P-12 Concerns the funding of Public School Capital Construction Projects; addresses two methods of providing funding for the state's portion of matching grants for school district capital construction projects. Title: S.B. 181 Source: Lexis-Nexis/StateNet IA Signed into law 05/2000 P-12 Provides financial assistance to communities and school districts by creating a school infrastructure program and fund; continues the community attraction and tourism development program and fund; creates a vision board; creates a Vision Iowa program and fund; provides bonding authority to the treasurer of state; exempts interest and income from such bonds from taxation. Title: S.B. 2447 Source: Lexis-Nexis/StateNet MD Signed into law 05/2000 P-12 Establishes a pilot program to use solar energy in new school construction projects in the State; requires a county board of education to include the use of solar energy for at least 20% of the energy or demand needs of a public school construction project; requires a county board to submit a grant application to the Department of Education; requires the Department to arrange financing for the project. Title: S.B. 711 Source: Lexis-Nexis/StateNet MS Signed into law 05/2000 Postsec. Revises the definition of the term "local governmental entity" under the Mississippi Development Bank Act to include the State or any agency thereof, institutions of higher learning, and education building corporations established for institutions of higher learning. Title: S.B. 2868 Source: Lexis-Nexis/StateNet NM Signed into law 04/2000 P-12 Authorizes the issuance and sale of capital projects general obligation bonds to make capital expenditures for senior citizen facility improvements and acquisitions, for public educational capital improvements and acquisitions and for other state capital expenditures; provides for a property tax levy for certain costs related to the bonds; requires approval of the registered voters at the 2000 General Election. Title: H.B. 17A Source: Lexis-Nexis/StateNet FL Signed into law 04/2000 P-12 Creates Lottery Capital Outlay and Debt Service Trust Fund within the Education Department; provides for sources of funds; provides purposes; provides for annual carry forward of funds; provides for transfer of certain funds to trust fund; proclaims that trust fund is exempt from constitutional termination. Title: H.B. 627 Source: Lexis-Nexis/StateNet NE Vetoed 04/2000 P-12 Changes provisions relating to budgets, beginner grade entrance document requirements, the enrollment option program, reorganization plan hearings, report filing dates, warrants, expenditure limitations, state aid, temporary mitigation funds, the Hardship Fund, certain site and building funds, special education, and private postsecondary career schools; changes and eliminates provisions relating to duties of the school Finance Review Committee. Title: L.B. 1401 Source: Lexis-Nexis/StateNet IA Signed into law 04/2000 P-12 Repeals provision authorizing the raising of an additional enrichment amount to fund asbestos removal projects; provides that asbestos removal projects would continue to be able to be financed out of any funds in the general fund of a school district, funds received from the physical plant and equipment levy, or moneys obtained through a federal asbestos loan program. Title: H.B. 2435 Source: Lexis-Nexis/StateNet NM Signed into law 04/2000 P-12 Authorizes the issuance and sale of capital projects general obligation bonds to make capital expenditures for senior citizen facility improvements and acquisitions, for public educational capital improvements and acquisitions and for other state capital expenditures; provides for a property tax levy for certain costs related to the bonds; requires approval of the registered voters at the 2000 General Election. Title: H.B. 17A Source: Lexis-Nexis/StateNet MD Signed into law 04/2000 P-12 Repeals a specified limitation on the applicability of the Prevailing Wage Law to the construction of an elementary or secondary school. Title: S.B. 202 Source: Lexis-Nexis/StateNet ID Signed into law 04/2000 P-12 Creates an Idaho Uniform School Building Safety Code Commission which shall develop an Idaho Uniform School Building Safety Code; provides for enforcement of the Uniform School Building Safety Code. Title: H.B. 678 Source: Lexis-Nexis/StateNet ID Signed into law 04/2000 P-12 Requires school districts to identify and abate unsafe and unhealthy conditions in schools in the district; creates a School Safety and Health Revolving Loan Fund from which school districts can borrow money from the state of Idaho to abate unsafe and unhealthy conditions in schools. Title: H.B. 668 Source: Lexis-Nexis/StateNet NM Signed into law 04/2000 P-12 Relates to severance tax bonds; declares an emergency. Amends the Severance Tax Bonding Act, authorizes the issuance of additional supplemental severance tax bonds for public school capital outlay purposes. Makes an appropriation. Title: H.B. 32 Source: legis.state.nm.us NM Signed into law 04/2000 P-12 Relates to public school capital expenditures. Declares an emergency; amends the Public School Capitol Outlay Act to provide criteria and standards for projects to be funded; provides a formula to determine the amount of funds that a project may receive. Title: H.B. 31 Source: legis.state.nm.us UT Signed into law 03/2000 P-12 Relates to public schools; provides that if a local board determines to use a construction manager and general contractor as its method of construction contracting management on projects where the total estimated accumulative cost exceeds a specified amount, it shall use a specified source selection method. Title: H.B. 42 Source: Lexis-Nexis/StateNet IN Vetoed 03/2000 P-12 Postsec. Expands the definition of education facility projects for purposes of the Indiana Development Finance Authority (IDFA) law to permit the authority to provide funding to certain nonprofit corporations for real property and improvements, personal property, and noncapital costs to fund a judgement, settlement, or other cost or liability; provides for bonding authority to the state office building commission for a judicial legislative building. Title: S.B. 408 Source: Lexis-Nexis/StateNet KY Signed into law 03/2000 P-12 Postsec. Relates to procurement; increases the cost of construction projects and purchases for which state agencies, institutions of higher education and the legislative branch may use small purchase procedures; provides for local government newspaper advertisement for bids; provides monthly notification to the Kentucky Wood Products Competitiveness Corporation of certain public projects; requests a list of suggested vendors from the Corporation. Title: H.B. 249 Source: Lexis-Nexis/StateNet NM Vetoed 02/2000 P-12 Authorizes supplemental severance tax bonds for public school capital outlay purposes. Title: S.B. 297 Source: Lexis-Nexis/StateNet NM Signed into law 02/2000 P-12 Relates to supplemental severance tax bonds; provides for funding of public school capitol outlays. Title: H.B. 279 Source: Lexis-Nexis/StateNet