Senate Bill 50 and School Facility Fees - California's Coalition for ...

are appropriate to demonstrate that levying the Level 2 and Level 3 fees would be in compliance
with statutory and case law governing fees and to provide the public with information regarding
the true cost of school facilities needed to serve students coming from new residential
development.
A school district should involve at an early date an attorney experienced in school facility fees.
Whether the district can do some or all of the work required for a legally adequate Needs
Analysis depends on time and expertise available. If the district will need outside assistance, it
should consider getting more than one proposal, as costs, content and quality are factors to
consider. Districts may want to consult with their legal counsel about contracting for consultant
services through legal counsel to preserve the attorney-client privilege on all work product and
communications regarding the calculation of the Level 2 and Level 3 Fees, as well as preparation
of the Needs Analysis in the event there is future litigation over the sufficiency of the Needs
Analysis or the collection of the Level 2 and Level 3 Fees.
B. Preparation of Needs Analysis.
1. Districts should prepare a preliminary estimate of eligibility under the new School
Facilities Program (SFP) using the guidance of the emergency regulations and
SAB Forms. Participation in the SFP is a prerequisite to levying the Level 2 and
Level 3 Fees, therefore, districts must confirm eligibility in the SFP prior to
completing the Needs Analysis.
2. Districts should conduct a cursory calculation of the Level 2 Fee to determine if
it exceeds $1.93 per square foot of residential construction (i.e.; greater than the
Level 1 Fee)
3. Districts should conduct a preliminary review of the requirements to collect the
Level 2 fee to determine if the district can satisfy at least 1 of the 4 requirements
until January 1, 2000
4. If items 1-3 above are positive, the district should:
a. If it has not already done so, complete the requirements to obtain an
eligibility determination from SAB. (Once eligibility for the SFP has been
confirmed by the SAB, the District may which to consider adopting a
resolution to that effect for purposes of the Needs Analysis.)
b. If it has not already done so, submit an application for new construction
funding under the SFP. See Section 3, Para. C.1.a.
c. Prepare the Needs Analysis.
C. Content of Needs Analysis (Govt. Code §65995.6(a) & (b))
1. Projection of the number of unhoused pupils generated by new residential units based
upon the historical student generation rates of new residential units constructed during the