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2 <br /> Attachment 1 <br /> ORANGE COUNTY <br /> rA <br /> P.O. BOX 8181 <br /> Office of the County 1000 CORPORATE DRIVE << <br /> Attorney SUITE 400 <br /> HILLSBOROUGH, NC 27278 <br /> TO: Board of County Commissioners <br /> Jamezetta Bedford, Chair <br /> Sally Greene, Vice Chair <br /> Amy Fowler <br /> Jean Hamilton <br /> Earl McKee <br /> Phyllis Portie-Ascott <br /> Anna Richards <br /> FROM: John Roberts, County Attorney <br /> DATE: April 23, 2024 <br /> RE: School Capital Funding by Project <br /> The following is offered in response to a request for additional information on this topic <br /> and includes input from Bob Jessup, the County's bond counsel. All referenced statutes <br /> may be reviewed at the bottom of this memorandum. <br /> Generally, counties are responsible for funding school capital needs of the school units <br /> within each counties' jurisdiction. <br /> In counties having multiple school systems, appropriations to the local current expense <br /> fund must be allocated, pursuant to §115C-430, according to membership. Unlike local <br /> current expense fund allocations, capital funding may be allocated as determined by the <br /> board of county commissioners of a given county. There is no statute requiring <br /> allocation according to membership among multiple systems, only the general <br /> requirement that appropriations be "sufficient to support a system of free public <br /> schools." <br /> The preceding paragraph only applies to traditional school systems. There is no <br /> requirement that counties fund the capital needs of charter schools or charter school <br /> systems. A prior amendment to state law authorized counties to engage in capital <br /> funding for charter schools but did not mandate such funding. (See §153A-149(c)(38)) <br /> When determining how to allocate capital funds the board of commissioners of a county <br /> may allocate some or all of the appropriated capital funding by purpose, function, or <br />