School bond and tax elections in Connecticut

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School bond and tax elections in Connecticut happen under two circumstances:

  • To issue new bonding or bond taxes for recognized private academies.
  • To exceed the budget cap.

Laws affecting school finance

Exceeding school district budget

In Connecticut, the voters of a school district must approve the annual budget via a referendum. Connecticut grants school districts to have their budget treated as any other municipal budget. If the budget is not approved by the voters, then the officer for each municipality in a regional school district must make necessary expenditures equal to the total of the town's appropriation to the district for the previous fiscal year.[1] Also, the expenditures must take into account the town's proportionate share in any debt service over the previous fiscal year, until the regional school district budget is approved by the school board. Each town receives credit for expenditures once the budget is approved for the fiscal year.[2][1]

Private Academy bond issue

Under Connecticut law, a private academy may ask the voters of the municipality they are headquartered in to approve new bonding for capital improvements. Before a private academy can ask for a bond issue, a Board of Selectmen of the respective municipality must approve the request for the bond. A private academy is defined under state law as an incorporated or endowed high school or academy which is approved by the Connecticut State Board of Education for public high school purposes.[3] As part of earning that designation, the academy is eligible to apply for a school construction grant commitment from the state pursuant to this chapter.

All bonds cannot be sold at less than par value and must have the full faith and credit of the State of Connecticut.[4] There is no limit on when the bond can mature.[5]

If a private academy defaults on a bond issue, then the Connecticut State Board of Education can withhold all future financial aid and tuition payments for not following through on its bond obligations. Aid cannot be restored to a private academy until the default is payed off.[6]

Public school bonding

In Connecticut, all bonds for public school districts must be approved by the Connecticut State Treasurer. It is up to the Treasurer to approve all bonds in Connecticut. The State of Connecticut can issue up to $14.82 million dollars in bonding every year for school districts needing bonding. Bonds for public schools in Connecticut cannot be sold below par value, must have a twenty year maturity from the date of issue, and must have the full faith and credit of the State of Connecticut[7].

Public school building projects

All public school buildings in Connecticut must be approved by the State Commissioner of Education. Under Connecticut law, approved school district projects must fall into three approved categories. Category A is for creating new facilities or altering existing facilities to provide for instructional programs or for physical education facilities in compliance of Title IX in which requires new construction if the building code does not allow for a renovation. Category B is for creating new facilities or altering existing ones to enhance instructional programs or provide comparable facilities among schools in a regional district to all students at the same grade level or levels within the district. While Category C projects are to create new facilities or alter existing facilities to provide supportive services including swimming pools, auditoriums, outdoor athletic facilities, tennis courts, elementary school playgrounds, site improvement or garages or storage, parking or general recreation areas.[8]

School districts have from September to December to submit an application to the Connecticut Department of Education and secure all local and state approvals necessary for the project. It is up to the Board of Education to determine which projects are approved and put it on a list to the Governor of Connecticut and Connecticut General Assembly for their considerations. It is up to the General Assembly and Governor to approve all school project funding commitments for a given time period.[9]

Conduct of the bond election, limitations, rules

Authority conducting elections

The respective school district oversees all aspects of the election as Connecticut law grants the school district the same privileges like a municipal clerk to run an election.[10]

Election dates

Elections involving school finance issues can be held during any regular or special state or municipal election.[11] A municipal election is held on the first Monday of May or the first Tuesday in November during an odd numbered year. The May municipal election must be called for by the Connecticut General Assembly. If the General Assembly does not call for a May municipal election, then the election is held on the first Tuesday in November.[12] A regular state election is the First Tuesday in November in even numbered years.[13]

Needed majority

A simple majority is needed to approve a referendum in Connecticut.[14]

Special elections

Special elections can be held as long 60 days has elapsed between the regional school board calling the election and the date of the election.[15]

Wording of measures

Under Connecticut law, ballot questions must be formatted as "Shall (insert here the question or proposal, followed by a question mark)."All ballot measures must be clear and concise and must end in "YES" or "NO."[16][17]

Required notice of bond election

60 days must elapse between when the Regional school board calls for a referendum and when the election can occur.[18]

See also

External links

Footnotes

  1. 1.0 1.1 "Connecticut General Assembly" Connecticut Education Law(Referenced Statute Chapter 112, Section 7-405(b))
  2. "Connecticut General Assembly" Connecticut Education Law(Referenced Statute Chapter 164, Section 10-51))
  3. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 173, Section 10-289d(2) Connecticut Statutes)
  4. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 173, Section 10-287(d) Connecticut Statutes)
  5. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 173, Section 10-289f(k) Connecticut Statutes)
  6. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 173, Section 10-289g Connecticut Statutes)
  7. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 172, Section 10-265d Connecticut Statutes)
  8. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 173, Section 10-283(2) Connecticut Statutes)
  9. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 173, Section 10-283(2) Connecticut Statutes)
  10. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Ch. 152, Section 9-369b(b) Connecticut Statutes)
  11. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Ch. 152, Section 9-369b(a) Connecticut Statutes)
  12. "Connecticut General Assembly" Connecticut School Bond Law (dead link)(Referenced Statute Ch. 146, Section 9-164(a) Connecticut Statutes)
  13. "Connecticut General Assembly" Connecticut School Bond Law (dead link)(Referenced Statute Ch. 146, Section 9-225 Connecticut Statutes)
  14. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Ch. 152, Section 9-369b(a) Connecticut Statutes)
  15. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Ch. 152, Section 9-370 Connecticut Statutes)
  16. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 152, Section 9-369b(b) Connecticut Statutes)
  17. "Connecticut General Assembly" Connecticut School Bond Law(Referenced Statute Chapter 152, Section 9-369 Connecticut Statutes)
  18. "Connecticut General Assembly" Connecticut School Bond Laws(Referenced Statute Ch 152, Section 9-370)