15-2022. Emergency deficiencies correction fund;
definition


A. An emergency deficiencies correction fund is established consisting of
monies transferred from the new school facilities fund established by section
15-2041. The school facilities board shall administer the fund and distribute monies in
accordance with the rules of the school facilities board to school districts for
emergency purposes. The school facilities board shall not transfer monies from the new
school facilities fund if the transfer will affect, interfere with, disrupt or reduce any
capital projects that the school facilities board has approved pursuant to section
15-2041. The school facilities board shall transfer to the emergency deficiencies
correction fund the amount necessary each fiscal year to fulfill the requirements of this
section. Monies in the fund are continuously appropriated and are exempt from the
provisions of section 35-190 relating to lapsing of appropriations.


B. If the school facilities board determines that there are insufficient monies in
the emergency deficiencies correction fund to correct an emergency, the school district
may correct the emergency pursuant to section 15-907.


C. If a school district has an emergency, the school district shall apply to the
school facilities board for funding for the emergency. The school district's application
shall disclose any insurance or building renewal monies available to the school district
to pay for the emergency.


D. The school facilities board staff shall acknowledge receipt of the school
district's application for emergency deficiencies funding in writing within five business
days of receiving the application. The school facilities board staff shall include in the
written acknowledgement of receipt to the school district any investigative, study or
informational requirements from the school district, along with an estimated timeline to
complete the requirements, necessary for the school facilities board staff to make a
recommendation for funding to the school facilities board.


E. For the purposes of this section, "emergency" means a serious need for
materials, services or construction or expenses in excess of the district's adopted
budget for the current fiscal year that seriously threatens the functioning of the school
district, the preservation or protection of property or public health, welfare or safety.