                                 CODE OF VIRGINIA

CAPITAL SCHOOL PROJECTS FUND (§ 22.1-175.5)

A. The governing body of any locality which is awarded a grant pursuant to this
chapter may authorize the local treasurer or fiscal officer, by ordinance or
resolution, to create a separate escrow account upon the books of the locality,
as described in this section. Upon the adoption of such ordinance or resolution,
the treasurer of the locality shall place such grant awards into this account.

B. The escrow account shall be known as the &#8220;County/City/Town of
_______________ Capital School Projects Fund.&#8221; All principal deposited to
such fund, together with all income from or attributable to the fund, shall be
used solely for (i) construction, additions, renovations, including retrofitting
and enlarging public school buildings, infrastructure, including technology
infrastructure, and site acquisition for public school buildings and facilities
or (ii) debt service payments, or a portion thereof, for any such projects
completed in the previous ten years if so designated. No disbursement from the
fund may be made except upon specific appropriation by the governing body in
accordance with applicable law. If a locality establishes such a fund and
designates any portion of the funds deposited therein to pay debt service for
(i) any general obligation of the locality held by the Virginia Public School
Authority or (ii) any Literary Fund loan, the locality shall obtain an opinion
of bond counsel that designation of funds to pay debt service on obligations
described in clauses (i) and (ii) hereof does not adversely impact the
tax-exempt status of such obligations.

C. All grant awards deposited in the fund, including all income from or
attributable to such fund, shall be deemed public funds of the locality and
shall be subject to all limitations upon deposit and investment provided by
general law, including, but not limited to, the Virginia Security for Public
Deposits Act (&#xA7; 2.2-4400 et seq.). Income, dividends, distributions, and
grants accruing to the fund shall be retained in such fund and shall be expended
only in accordance with the terms of this section.

D. Nothing in this section shall be deemed or construed to authorize a school
board or school division to receive, hold or invest funds in its own name, nor
to expend funds in the absence of a specific appropriation by the governing body
of the locality in accordance with applicable law.

HISTORY: 1999, cc. 354, 391.