§ 41-5721 — Emergency deficiencies correction fund; definition

A. The emergency deficiencies correction fund is established consisting of monies transferred from the new school facilities fund established by section 41-5741. The division shall administer the emergency deficiencies correction fund and distribute monies in accordance with the rules of the division to school districts for emergency purposes. The division shall not transfer monies from the new school facilities fund if the division, in conjunction with the school facilities oversight board, determines that the transfer will affect, interfere with, disrupt or reduce any capital projects that the board has approved pursuant to section 41-5741. The division shall transfer to the emergency deficiencies correction fund the amount necessary each fiscal year to fulfill the requirements of this section. Within thirty days after transferring monies to the emergency deficiencies correction fund, the division shall report to the director of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting the amount and source of the transfer. Monies in the emergency deficiencies correction fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. If the division 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 division 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. Before applying to the division for funding for the emergency, the school district governing board shall issue an emergency declaration or resolution to be eligible for monies from the emergency deficiencies correction fund.

D. The division staff shall acknowledge receipt of the school district's application for emergency deficiencies funding in writing within five business days after receiving the application. The division 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 division staff to make a decision regarding funding.

E. The board shall review all policies and procedures that the division develops to administer this section.

F. For the purposes of this section, "emergency":

1. Means a serious need for materials, services or construction or expenses that exceeds the school district's adopted budget for the current fiscal year and that seriously threatens the functioning of the school district, the preservation or protection of property or public health, welfare or safety.

2. Includes all of the following:

(a) A situation that threatens life services such as adequate water supply, energy and wastewater.

(b) A situation in which a school district is under orders from an authority having jurisdiction for an unsafe environment such as the department of environmental quality, the occupational safety and health administration or the state fire marshal.

(c) The school district receives a professional and certified assessment showing that one or more facilities or systems are structurally unsafe and directly impact the functions of the school district with no alternative option available.