Hillsborough County Public Schools Deputy Superintendent
Action Item

DATE: Tuesday, June 12, 2007
TO: School Board Members
FROM: MaryEllen Elia, Superintendent

SUBJECT / RECOMMENDATIONS

Authorize the filing of a petition for declaratory action, naming Hillsborough County, Florida and seeking an interpretation of the Board’s authority to expend public monies for infrastructure improvements necessitated by educational plant construction.

EXECUTIVE SUMMARY

The District and Hillsborough County staff have been unable to resolve the question of the amount of funding which the School Board may expend for infrastructure improvements made necessary by educational plant construction required to meet the educational needs of county residents. The County has sought an opinion on this subject from the Florida Attorney General. Because of the nature of such opinions, and the way in which the County has framed the question at issue, the Attorney General’s opinion will not resolve the disagreement. Resolution is necessary in order to allow the Board to be cognizant of its authority to fund infrastructure needed for school construction. The petition is not intended to be, nor will it be presented as, an adversarial matter. The parties’ positions are informed by good faith beliefs in the correctness of their respective positions, but must be resolved.

ANNUAL DISTRICT GOAL(S) AND CRITICAL SUCCESS FACTOR(S)

Student Achievement, Financial Management, and Safety

FINANCIAL IMPACT (Budgeted: No)

The costs of the suit are anticipated to be between $35,000 and $50,000.

EVALUATION

SUBMITTED BY:



Tom Gonzalez
School Board Attorney
813-273-0050
8.02
Hillsborough County Public Schools (Florida) * Mtg.#20070612_246 * Section E Item# 8.02