Education Code — Part 22 | EDC — United States — California law | Esheria

Education Code

Part 22 of 57 · provisions 4,201–4,400

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This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 39803.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    This section sets rules for contracts for zero-emission schoolbus transportation, leases, and rentals for local educational agencies, including maximum contract lengths and renewal terms.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39803.5. (a) Notwithstanding Section 39803 or any other law, this section shall apply to the furnishing of transportation of pupils in local educational agencies to and from school using schoolbuses that are zero-emission vehicles and for the lease or rental of schoolbuses that are zero-emission vehicles. (b) If a continuing contract for the furnishing of transportation of pupils in local educational agencies to and from school is made, it shall be made for a term not to exceed 15 years. A contract is renewable at the option of the local educational agency and the party contracting to provide transportation services, jointly, at the end of the term of the contract. The contract as renewed shall include all of the terms and conditions of the previous contract, including any provisions increasing rates based on increased costs. (c) A continuing contract may be made for the lease or rental of schoolbuses, not to exceed 15 years, except that if a lease or rental contract provides that the local educational agency may exercise an option either to purchase the buses or to cancel the lease at the end of each annual period during the period of the contract, the contract may be made for a term not to exceed 20 years. (d) Notwithstanding any other law to the contrary, a continuing contract executed under this section may be negotiated annually within the contract period when economic factors indicate negotiation is necessary to maintain an equitable pricing structure. Renegotiation is subject to the approval of both contracting parties. (e) Any rental, lease, or lease-purchase of a schoolbus shall comply with all applicable provisions of Article 3 (commencing with Section 17450) of Chapter 4 of Part 10.5 of Division 1 of Title 1. (f) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (g) This section is effective January 1, 2024. (Added by Stats. 2023, Ch. 445, Sec. 3. (AB 579) Effective January 1, 2024.)
  2. 39805.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Bidders on certain Section 39803 contracts may include quotation abstracts in their bids to show pricing structure for annual lease or rental payments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39805. In bidding on contracts to be made pursuant to Section 39803, bidders may include in their bids abstractions of their quotations indicating the pricing structure used to compute the annual lease or rental payments for the sole purpose of identifying that portion of each annual lease or rental payment which may represent tax exemption reimbursement to the vendor, lessor or to their assignees. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  3. 39806.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A district governing board may pay parents or guardians instead of providing pupil transportation, but only if paying is more economical.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39806. In lieu of providing in whole or in part for the transportation of a pupil attending the schools of a district, the governing board may pay to the parents or guardian of the pupil a sum not to exceed the cost of actual and necessary travel incurred in transporting the pupil to and from the regular day schools of the district. A payment may not be made pursuant to this section unless it will be more economical to make the payments than to provide for said transportation. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  4. 39807.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school district governing board may pay parents or guardians the cost of a pupil’s food and lodging instead of providing transportation, but the payment cannot exceed the district’s estimated transportation cost.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39807. In lieu of furnishing transportation to pupils attending the schools of a school district, the governing board may pay to the parents or guardian of each pupil the cost of food and lodging of the pupil at a place convenient to the schools. The amount paid on account of each pupil may not exceed the estimated cost to the district of providing for the transportation of the pupil to and from his or her home and the school he or she attends. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  5. 39807.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school transportation governing board may charge parents or guardians part of the transportation cost, but the charge cannot exceed a statewide average cap and certain pupils must be exempt.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39807.5. (a) When a local educational agency provides for the transportation of pupils to and from schools, including the governing board of a school district pursuant to Section 39800, or between the regular full-time day schools they would attend and the regular full-time occupational training classes attended by them as provided by a regional occupational center or program, the governing board may require the parents and guardians of all or some of the pupils transported, to pay a portion of the cost of this transportation in an amount determined by the governing board. (b) The amount determined by the governing board pursuant to subdivision (a) shall be no greater than the statewide average nonsubsidized cost of providing this transportation to a pupil on a publicly owned or operated transit system as determined by the Superintendent, in cooperation with the Department of Transportation. (c) For purposes of this section, “nonsubsidized cost” means actual operating costs less federal subventions. (d) The governing board shall exempt from these charges pupils of parents and guardians who are unduplicated pupils, as defined in subdivision (b) of Section 42238.02. Nothing in this provision shall prevent the governing board from providing transportation services at no cost. (e) A charge under this section may not be made for the transportation of individuals with exceptional needs as defined in Section 56026. (f) Nothing in this section shall be construed to sanction, perpetuate, or promote the racial or ethnic segregation of pupils in the schools. (g) For purposes of this section, “local educational agency” means a school district or a county office of education. (Amended by Stats. 2022, Ch. 52, Sec. 15. (AB 181) Effective June 30, 2022.)
  6. 39808.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school district board may let certain eligible pupils who attend a nonpublic school be transported on the same terms as district pupils, but the section only covers actual transportation and does not authorize cash payments to parents or guardians.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39808. (a) The governing board of any school district may allow a pupil entitled to attend the school of the district, but who, under Section 48222, attends a school other than a public school to be transported upon the same terms, in the same manner, and over the same routes of travel as is permitted pupils attending the district school. (b) The allowance provided for in this section shall be restricted to actual transportation when furnished by the district to pupils attending the district school, and nothing in this section shall be construed to authorize or permit in lieu of transportation payments of money to parents or guardians of pupils attending private schools. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  7. 39809.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. )

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    State aid plus parent fees for home-to-school transportation may not exceed the actual operating cost for that fiscal year, excess fees must be reduced in later years if they were caused by estimated-cost errors, and the governing board must certify compliance to the county superintendent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 1. General Provisions [39800 - 39809.5] ( Article 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39809.5. (a) The sum of the state aid received and the parent fees collected in a fiscal year may not exceed actual operating cost of home-to-school transportation in that fiscal year. (b) If excess fees are collected due to errors in estimated costs, fees shall be reduced in succeeding years. (c) The governing board shall certify to the county superintendent that districts have levied fees in accordance with law, and that fees have been reduced and excess fee revenue eliminated whenever excess fees have been charged. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  8. 39820.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 2. State Reimbursement [39820- 39820.] ( Article 2 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school district governing board may choose to provide transportation for certain young pupils, and may also allow transportation for parents accompanying those pupils.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 2. State Reimbursement [39820- 39820.] ( Article 2 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39820. Notwithstanding any other law, the governing board of a school district may provide for the transportation to and from public school of pupils who have attained the age of three years and nine months and are enrolled in classes established pursuant to Chapter 4.45 (commencing with Section 56440) of Part 30 of Division 4 whenever in the judgment of the governing board of a school district, transportation is advisable and good reasons exist. A governing board of a school district may allow for the transportation of parents of pupils enrolled in these classes for the purpose of accompanying their children to and from the attendance center offering the early primary classes. (Amended by Stats. 2015, Ch. 538, Sec. 12. (SB 416) Effective January 1, 2016.)
  9. 39830.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    This section defines when a vehicle counts as a schoolbus and lists several vehicle types and uses that are excluded.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39830. A schoolbus is any motor vehicle designed, used, or maintained for the transportation of a school pupil at or below the grade 12 level to or from a public or private school or to or from public or private school activities, except the following: (a) A motor vehicle of any type carrying only members of the household of its owner. (b) A motortruck transporting pupils who are seated only in the passenger compartment, and a passenger vehicle designed for and when actually carrying not more than 10 persons, including the driver, except any vehicle or truck transporting two or more pupils who use wheelchairs. (c) A motor vehicle operated by a common carrier, or by and under exclusive jurisdiction of a publicly owned or operated transit system, only during the time it is on a scheduled run and is available to the general public or on a run scheduled in response to a request from a pupil who uses a wheelchair, or from a parent of the pupil, for transportation to or from nonschool activities. However, the motor vehicle is designed for and actually carries not more than 16 persons and the driver, is available to eligible persons of the general public, and the school does not provide the requested transportation service. (d) A school pupil activity bus as defined in Section 39830.1. (e) A motor vehicle operated by a carrier licensed by the Interstate Commerce Commission that is transporting pupils on a school activity entering or returning to the state from another state or country. (f) A state-owned motor vehicle being operated by a state employee upon the driveways, paths, parking facilities, or grounds specified in Section 21113 of the Vehicle Code that are under the control of a state hospital under the jurisdiction of the State Department of Developmental Services where the posted speed limit is not more than 20 miles per hour. The motor vehicle may also be operated for a distance of not more than one-quarter mile upon a public street or highway that runs through the grounds of a state hospital under the jurisdiction of the State Department of Developmental Services, if the posted speed limit on the public street or highway is not more than 25 miles per hour and if all traffic is regulated by posted stop signs or official traffic control signals at the points of entry and exit by the motor vehicle. (Amended by Stats. 2007, Ch. 569, Sec. 22. Effective January 1, 2008.)
  10. 39830.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    This section defines a “school pupil activity bus” and limits how CHP regulations for schoolbus drivers can apply to its driver.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39830.1. A “school pupil activity bus” means any motor vehicle, other than a schoolbus, operated by a common carrier, or by and under the exclusive jurisdiction of a publicly owned or operated transit system, or by a passenger charter-party carrier, used under a contractual agreement between a school and carrier to transport school pupils at or below the 12th grade level to or from a public or private school activity, or used to transport pupils to or from residential schools, when the pupils are received and discharged at off-highway locations where a parent or adult designated by the parent is present to accept the pupil or place the pupil on the bus. As used in this section, “common carrier,” “publicly owned or operated transit system,” and “passenger charter-party carrier” mean carriers in business for the principal purpose of transporting members of the public on a commercial basis. This section shall not apply to a motor vehicle operated by a carrier licensed by the Interstate Commerce Commission transporting pupils on a school activity trip entering or returning to the state from another state or country. The driver of a school pupil activity bus shall be subject to the regulations adopted by the Department of the California Highway Patrol governing schoolbus drivers, except that the regulations shall not require drivers to duplicate training or schooling that they have otherwise received that is equivalent to that required pursuant to the regulations, and the regulations may not require drivers to take training in first aid. However, a valid certificate to drive a school pupil activity bus does not entitle the bearer to drive a schoolbus. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  11. 39831.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    The State Board of Education must issue reasonable schoolbus-use rules, but not on safe operation. The Highway Patrol must issue the safe-operation rules and require school district governing boards to include hijacking-response training in schoolbus driver programs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39831. (a) The State Board of Education shall adopt reasonable regulations relating to the use of schoolbuses by school districts and others. The regulations may not govern the safe operation of schoolbuses that shall be adopted instead by the Department of the California Highway Patrol. (b) The Department of the California Highway Patrol shall adopt regulations pursuant to Section 34500 of the Vehicle Code relating to the safe operation of schoolbuses that shall also require school district governing boards to include in their schoolbus driver training programs, the proper actions to be taken in the event that a schoolbus is hijacked. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  12. 39831.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    The state board must adopt regulations requiring passengers in certain schoolbuses to use passenger restraint systems.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39831.1. The state board shall adopt regulations to require a passenger in a schoolbus equipped with passenger restraint systems in accordance with Section 27316 of the Vehicle Code to use a passenger restraint system so that the passenger is properly restrained by that system. (Added by renumbering Section 38047.5 by Stats. 2015, Ch. 303, Sec. 75. (AB 731) Effective January 1, 2016.)
  13. 39831.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    The state board must adopt regulations requiring passengers in certain school pupil activity buses to use passenger restraint systems.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39831.2. The state board shall adopt regulations to require a passenger in a school pupil activity bus equipped with passenger restraint systems in accordance with Section 27316.5 of the Vehicle Code to use a passenger restraint system so that the passenger is properly restrained by that system. (Added by renumbering Section 38047.6 by Stats. 2015, Ch. 303, Sec. 76. (AB 731) Effective January 1, 2016.)
  14. 39831.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Specified school authorities must prepare and keep a transportation safety plan for pupil transport, update it as required, and provide a current copy to a California Highway Patrol officer on request.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39831.3. (a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall prepare a transportation safety plan containing procedures for school personnel to follow to ensure the safe transport of pupils. The plan shall be revised as required. The plan shall address all of the following: (1) Determining if pupils require escort pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code. (2) (A) Procedures for all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, to follow as they board and exit the appropriate schoolbus at each pupil’s schoolbus stop. (B) Nothing in this paragraph requires a county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity, to use the services of an onboard schoolbus monitor, in addition to the driver, to carry out the purposes of this paragraph. (3) Boarding and exiting a schoolbus at a school or other trip destination. (4) Procedures to ensure that a pupil is not left unattended on a schoolbus, school pupil activity bus, or youth bus. (5) Procedures and standards for designating an adult chaperone, other than the driver, to accompany pupils on a school pupil activity bus. (b) A current copy of a plan prepared pursuant to subdivision (a) shall be retained by each school subject to the plan and made available upon request to an officer of the Department of the California Highway Patrol. (Amended by Stats. 2016, Ch. 721, Sec. 2. (SB 1072) Effective January 1, 2017.)
  15. 39831.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Schools must provide schoolbus safety instruction to transported pupils, with extra written information for some younger pupils and recordkeeping for annual instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39831.5. (a) All pupils in prekindergarten, kindergarten, and grades 1 to 12, inclusive, in public or private school who are transported in a schoolbus or school pupil activity bus shall receive instruction in schoolbus emergency procedures and passenger safety. The county superintendent of schools, superintendent of the school district, or owner/operator of a private school, as applicable, shall ensure that the instruction is provided as follows: (1) Upon registration, the parents or guardians of all pupils not previously transported in a schoolbus or school pupil activity bus and who are in prekindergarten, kindergarten, and grades 1 to 6, inclusive, shall be provided with written information on schoolbus safety. The information shall include, but not be limited to, all of the following: (A) A list of schoolbus stops near each pupil’s home. (B) General rules of conduct at schoolbus loading zones. (C) Red light crossing instructions. (D) Schoolbus danger zone. (E) Walking to and from schoolbus stops. (2) At least once in each school year, all pupils in prekindergarten, kindergarten, and grades 1 to 8, inclusive, who receive home-to-school transportation shall receive safety instruction that includes, but is not limited to, proper loading and unloading procedures, including escorting by the driver, how to safely cross the street, highway, or private road, instruction on the use of passenger restraint systems, as described in paragraph (3), proper passenger conduct, bus evacuation, and location of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. As part of the instruction, pupils shall evacuate the schoolbus through emergency exit doors. (3) Instruction on the use of passenger restraint systems, when a passenger restraint system is installed, shall include, but not be limited to, all of the following: (A) Proper fastening and release of the passenger restraint system. (B) Acceptable placement of passenger restraint systems on pupils. (C) Times at which the passenger restraint systems should be fastened and released. (D) Acceptable placement of the passenger restraint systems when not in use. (4) Prior to departure on a school activity trip, all pupils riding on a schoolbus or school pupil activity bus shall receive safety instruction that includes, but is not limited to, location of emergency exits, and location and use of emergency equipment. Instruction also may include responsibilities of passengers seated next to an emergency exit. (b) The following information shall be documented each time the instruction required by paragraph (2) of subdivision (a) is given: (1) Name of school district, county office of education, or private school. (2) Name and location of school. (3) Date of instruction. (4) Names of supervising adults. (5) Number of pupils participating. (6) Grade levels of pupils. (7) Subjects covered in instruction. (8) Amount of time taken for instruction. (9) Busdriver’s name. (10) Bus number. (11) Additional remarks. The information recorded pursuant to this subdivision shall remain on file at the district or county office, or at the school, for one year from the date of the instruction, and shall be subject to inspection by the Department of the California Highway Patrol. (Amended by Stats. 2003, Ch. 552, Sec. 13. Effective January 1, 2004.)
  16. 39832.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Schoolbus names may be painted on the bus side, but only in the manner prescribed by the Department of the California Highway Patrol.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39832. The name or names of the particular school or schools to which a schoolbus conveys pupils may be painted on the side of the bus, in the manner prescribed by the Department of the California Highway Patrol. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  17. 39833.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Some school district personnel and other persons may not knowingly operate, permit, or direct a schoolbus in violation of CHP rules, and may not knowingly operate a schoolbus without required CHP qualifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39833. Any officer, agent, or employee of a school district, or any other person knowingly operating, or permitting or directing the operation of a schoolbus in violation of any regulation or order of the Department of the California Highway Patrol, and any person knowingly operating a schoolbus without possessing the qualifications required by the Department of the California Highway Patrol for schoolbus operators, is guilty of a misdemeanor. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  18. 39834.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    It is a misdemeanor to knowingly operate, allow, or direct a schoolbus carrying schoolchildren above its seating capacity, except as allowed under subdivision (b).

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39834. (a) Except as provided in subdivision (b), any officer, agent, or employee of a school district, office of the county superintendent of schools, or joint powers agency, or any other person, knowingly operating, or permitting or directing the operation of a schoolbus, when it is loaded with schoolchildren in excess of the limits of its seating capacity, is guilty of a misdemeanor. (b) The governing board of any school district, office of the county superintendent of schools, or joint powers agency may adopt a district policy establishing plans for the evacuation of pupils in case of any emergency that may provide, where necessary, for the loading of schoolchildren on a schoolbus in excess of the limits of its seating capacity. (c) As used in this section, “emergency” means a natural disaster or hazard that requires pupils to be moved immediately in order to ensure their safety. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  19. 39835.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    A school district may use schoolbuses for community recreation transport, and if it files transportation-expense forms, it must report the total mileage used for that purpose.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39835. (a) The governing board of any school district may use schoolbuses to transport persons for purposes of community recreation as provided in Chapter 10 (commencing with Section 10900) of Part 7. The transportation may be provided on any day or days throughout the school year. (b) Any school district that files forms with the Superintendent of Public Instruction covering the annual report of transportation expense in connection with reimbursement for transportation shall show on the forms the total mileage of schoolbuses used in providing transportation for community recreation purposes. The Superintendent of Public Instruction, in accordance with regulations adopted by him or her, shall deduct from the allowances to a school district for transportation an amount equal to the depreciation of schoolbuses due to their use in transporting persons for community recreation. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  20. 39836.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    During a presidentially declared national emergency or a war involving the United States, a school district governing board may use district buses to transport pupils working in crop harvesting and must charge a reasonable transportation fee.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39836. During any national emergency declared by the President of the United States of America or during any war in which the United States of America is engaged, the governing board of a school district may operate any bus owned or under lease to the district for the transportation of pupils of the district engaged in the harvesting of crops to and from the places of harvest and shall require the payment of a reasonable charge for transportation furnished. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  21. 39837.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    A school district governing board may use district buses to transport pupils to and from summer jobs in a youth employment program, must charge a reasonable transportation fee, and must adequately insure the related liability.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39837. The governing board of any school district may use and operate any bus owned or under lease to the district for the transportation of pupils to and from their places of employment during the summer in connection with any summer employment program for youth. The governing board shall require the payment of a reasonable charge for transportation so furnished. The governing board shall, in accordance with Section 35208, adequately insure against the liability of the district, members of the board, and officers and employees of the district in connection with the furnishing of transportation. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  22. 39837.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    A school district governing board may arrange schoolbus transportation for district employees, parents of pupils, and adult volunteers to and from district-authorized educational activities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39837.5. The governing board of a school district may provide for the transportation on schoolbuses of employees of the school district, parents of pupils of the school district, and adult volunteers to and from educational activities authorized by the school district. (Amended by Stats. 2017, Ch. 173, Sec. 1. (AB 1453) Effective January 1, 2018.)
  23. 39838.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Schoolbuses must carry approved fire extinguishers in the driver’s compartment, with at least 8-B, C units total, and they may not use carbon tetrachloride extinguishers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39838. (a) Each schoolbus shall be equipped with one or more fire extinguishers bearing the approval of the laboratories of the National Board of Fire Underwriters, Underwriters’ Laboratories Incorporated, or any other nationally recognized testing laboratory, and located in an easily accessible place in the driver’s compartment. (b) Each schoolbus shall be equipped with one or more fire extinguishers with an aggregate rating of at least 8-B, C units, as rated by the Underwriters’ Laboratories Incorporated. Carbon tetrachloride fire extinguishers may not be used on schoolbuses. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  24. 39839.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Certain assistance dogs may be transported in a schoolbus if they are accompanied by specified disabled pupils, disabled teachers, or persons training the dogs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39839. Guide dogs, signal dogs, and service dogs trained to provide assistance to individuals with a disability may be transported in a schoolbus when accompanied by disabled pupils enrolled in a public or private school or by disabled teachers employed in a public or private school or community college or by persons training the dogs. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  25. 39840.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    A school district governing board may contract to let certain governmental agencies use district schoolbuses for employee transportation, but only if all listed conditions are met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39840. The governing board of any school district may enter into a contract under the terms of which the school district grants the use of any schoolbus that is owned or leased by the school district to any federal, state, or local governmental agency for the purpose of providing transportation for employees of the agency to or from their places of employment, or both, if the following conditions are satisfied: (a) Public transportation is not reasonably available to the agency’s employees at their place of employment. (b) The school district normally provides transportation for pupils residing on the governmental agency’s property to or from school, or both. (c) The transportation of the agency’s employees does not interfere with the school district’s use of schoolbuses for school transportation purposes. (d) All schoolbus warning lights and exterior lettering or signs that identify the bus as a schoolbus are covered or removed during operation by the federal, state, or local governmental agency. (e) Mechanical condition of a schoolbus during operation by the federal, state, or local governmental agency is maintained so as to meet or exceed those regulations promulgated by the State Department of Education pursuant to Section 39831 governing the operation of schoolbuses. (f) Accurate records are maintained that reflect the actual number of miles any schoolbus is driven during times of operation by the federal, state, or local governmental agency, which records are to be made available to the Superintendent of Public Instruction in connection with the annual report of transportation expense made by the school district. The Superintendent of Public Instruction, in accordance with Section 39835, shall deduct from the allowances to a school district for transportation an amount equal to the depreciation of schoolbuses due to their use in transporting employees of a federal, state, or local governmental agency pursuant to this section. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  26. 39841.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Agreements allowing a publicly owned transit system to use a schoolbus must include three safety and recordkeeping requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39841. The following requirements shall be included in any agreement entered into between a school district and a publicly owned transit system under which the school district grants the use of any schoolbus that is owned or leased by it to the transit system for public transportation purposes: (a) All schoolbus warning lights and exterior lettering or signs that identify the bus as a schoolbus are covered or removed during operation by the transit system. (b) Mechanical condition of a schoolbus during operation by the transit system is maintained so as to meet or exceed those regulations adopted by the State Board of Education pursuant to Section 39831 governing the operation of schoolbuses. (c) Accurate records are maintained that reflect the actual number of miles any schoolbus is driven during times of operation by the transit system. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  27. 39842.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A person may not enter a schoolbus or school pupil activity bus without authorization, with intent to commit a crime, and then refuse to leave when ordered; violating this is a misdemeanor punishable by up to six months in county jail, a fine up to $1,000, or both.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39842. (a) Any person who enters a schoolbus or school pupil activity bus without prior authorization of the driver or other school official with intent to commit any crime and who refuses to disembark after being ordered to do so by the driver or other school official is guilty of a misdemeanor and is punishable by imprisonment in the county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both. (b) A school district or county superintendent of schools may place a notice at the entrance of a schoolbus or school pupil activity bus that complies with the requirements of paragraph (3) of subdivision (c) of Section 1256.5 of Title 13 of the California Code of Regulations and that warns against unauthorized entry. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  28. 39843.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Certain school transportation officials must notify the DMV within five calendar days after disciplining a bus driver and finding the driver acted with gross negligence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 3. Schoolbuses [39830 - 39843] ( Article 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39843. (a) The county superintendent of schools, the superintendent of a school district, a charter school, or the owner or operator of a private school that provides transportation to or from a school or school activity shall notify the Department of Motor Vehicles, in a form and manner that the Department of Motor Vehicles specifies, within five calendar days after the county office of education, the governing board of a school district, the charter school, the owner or operator of the private school, or, in situations where the transportation services are contracted out, the driver’s employer, has done both of the following: (1) Ordered and upheld disciplinary action, after completion of disciplinary procedures conducted in compliance with rights granted by law or a collective bargaining agreement, against a driver of a schoolbus, school pupil activity bus, or youth bus who was found to have left the immediate vicinity of the vehicle to which the driver had been assigned with an unsupervised pupil onboard. (2) Made a finding that the driver’s actions constituted gross negligence. (b) For purposes of this section, escorting pupils pursuant to paragraph (1) of subdivision (d) of Section 22112 of the Vehicle Code shall not be considered leaving the immediate vicinity of the vehicle. (c) For purposes of this section, “gross negligence” means the want of even scant care or an extreme departure from the ordinary standard of conduct. (Added by Stats. 2016, Ch. 721, Sec. 3. (SB 1072) Effective January 1, 2017.)
  29. 39860.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 4. Special Services [39860- 39860.] ( Article 4 added by Stats. 1999, Ch. 646, Sec. 14. )

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    A school district board may contract and pay for pupil transportation to certain activities, but any such contract must require that pupils are not left unattended on specified buses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 4. Special Services [39860- 39860.] ( Article 4 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 39860. (a) The governing board of a school district may contract for the transportation of pupils attending schools within the district to and from any exposition or fair, school activities, or other activities that the governing board of the school district determines to be for the benefit of the pupils, in this state, and may pay for the transportation out of any funds of the school district available for the purpose. (b) The governing board of a school district shall require that any contract for the transportation of pupils under this section shall include the requirement that a pupil shall not be left unattended on a schoolbus, school pupil activity bus, or youth bus in accordance with paragraph (4) of subdivision (a) of Section 39831.3. (Amended by Stats. 2016, Ch. 721, Sec. 4. (SB 1072) Effective January 1, 2017.)
  30. 39875.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

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    This article applies to compensated school transportation drivers tied to a local educational agency, with several listed exemptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39875. (a) Except as provided pursuant to subdivisions (b) to (g), inclusive, this article shall apply to all drivers employed by a local educational agency, contracted by a local educational agency, or contracted by any entity with funding from a local educational agency, providing school-related pupil transportation for compensation. (b) Nothing in this article shall be construed to apply to a driver employed by any of the following: (1) A municipally owned transit system offering supplementary service. (2) A congregate care facility licensed by the State Department of Social Services. (3) A county human services agency. (4) An entity, excluding entities with a primary purpose of providing transportation services, serving pupils experiencing homelessness that is coordinated with the homeless continuum of care in counties that have one or otherwise designated to serve children who are homeless by a county without a continuum of care. (5) A county probation agency. (6) Another government agency, other than a local educational agency. (7) A foster family agency, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. (8) A tribal authority. (c) Nothing in this article shall be construed to apply to any of the following persons who are compensated to drive a pupil: (1) A parent or relative as defined in paragraph (2) of subdivision (c) of Section 361.3 of the Welfare and Institutions Code, or a nonrelative extended family member as defined in Section 362.7 of the Welfare and Institutions Code. (2) A guardian. (3) A caregiver given temporary or permanent custody of the pupil by a court, child welfare agency, tribal authority, or county probation department. (4) A court-appointed educational rights holder. (5) A court-appointed special advocate. (6) A pupil who drives themself. (d) If both of the following occur, nothing in this article shall be construed to apply to a school employee of a local educational agency when the employee provides transportation to pupils due to or because of the employee’s supervision of pupils for a field trip, extracurricular activity, or athletic program, or when the employee provides transportation to pupils for other activities, not to exceed 40 hours of drive time per school year per employee: (1) A local educational agency makes a reasonable effort to secure a driver who meets the requirements of this article. (2) When a local educational agency is unable to secure a driver who meets the requirements of this article, the local educational agency informs the parent, guardian, or court-appointed educational rights holder of the pupil being transported that the driver transporting their pupil does not meet the requirements of this article, unless that notice will jeopardize a pupil’s privacy rights. (e) Nothing in this article shall be construed to apply to a driver who transports a pupil who must be immediately transported to a facility in the case of a medical or psychiatric emergency, or in the case of pupils who need to be transported immediately as the result of an emergency that arises as a result of a fire, flood, earthquake, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or because of an immediate threat to the physical safety of the pupil or pupils. The exemption pursuant to this subdivision involving an epidemic shall only apply to each epidemic for a period lasting no longer than one month. (f) Nothing in this article shall be construed to apply to a driver who transports a pupil if the transportation is being provided through a Foster Youth Services Coordinating Program while a pupil’s transportation plan is being finalized. The exemption pursuant to this subdivision shall apply for a period lasting no longer than one month after the first ride is provided to that pupil under this exemption. (g) Nothing in this article shall be construed to apply to a driver during a trip for which they are authorized by the local educational agency to transport one or more pupils for a field trip when the destination is more than 200 miles from the transported pupil’s California school campus. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)
  31. 39877.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

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    Drivers who transport pupils in small vehicles must meet licensing, age, background check, driving record, testing, training, medical, and logbook requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39877. (a) A driver who provides transportation services for pupils in a vehicle with a maximum capacity of 10 or fewer persons, including the driver, shall: (1) Hold a valid California driver’s license for the appropriate class of vehicle. (2) Be at least 18 years of age. (3) Pass a criminal background check, including fingerprint clearance consistent with Section 45125 for employees and Section 45125.1 for all other compensated drivers. (4) Have a satisfactory driving record that includes none of the following: (A) Within three years, has committed any violation that results in a conviction assigned a violation point count of two or more, as defined in Sections 12810 and 12810.5 of the Vehicle Code. (B) Within three years, has had their driving privilege suspended, revoked, or on probation for any reason involving the unsafe operation of a motor vehicle. (C) Has been determined by the Department of Motor Vehicles to be a negligent or incompetent operator. (5) Not have demonstrated irrational behavior to the extent that a reasonable and prudent person would have reasonable cause to believe that the driver’s ability to perform the duties of a driver may be impaired. (6) Not have been convicted of an offense listed in paragraph (1) of subdivision (a) of Section 13370 of the Vehicle Code, paragraph (5) of subdivision (a) of Section 13370 of the Vehicle Code, or subdivision (b) of Section 13370 of the Vehicle Code. (7) Provide their employer or the private entity contracting with the local educational agency a report showing the driver’s current public record as recorded by the Department of Motor Vehicles and participate in the Department of Motor Vehicles’ pull-notice system. (8) Be subjected to and comply with drug and alcohol testing consistent with Section 34520.3 of the Vehicle Code, subject to the cannabis discrimination limitations described in Section 12954 of the Government Code. (9) (A) Complete a medical examination not more than two years prior to the driver performing pupil transportation by a physician licensed to practice medicine, a licensed advanced practice registered nurse qualified to perform a medical examination, a licensed physician assistant, or a licensed doctor of chiropractic listed on the most current National Registry of Certified Medical Examiners, as adopted by the United States Department of Transportation. The driver shall provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency. Neither the driver nor the medical examiner need to submit this examination result to the Department of Motor Vehicles. (B) The driver shall complete a medical examination pursuant to this paragraph every two years after the initial examination and provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency. (C) Within the same month of reaching 65 years of age and each 12th month thereafter, the driver shall undergo a medical examination pursuant to this paragraph and provide a copy of the Medical Examiner’s Certificate, Form MCSA-5876, or the medical examiner’s certificate of clearance to their employer or the private entity contracting with the local educational agency. (10) Submit and clear a tuberculosis risk assessment consistent with Section 49406. (11) Not drive for more than 10 hours within a work period, or after the end of the 16th hour after coming on duty following eight consecutive hours off duty. (12) Complete initial training and subsequent required training sufficient to gain proficiency in all of the following: (A) Pretrip vehicle inspections. (B) Safe loading and unloading of passengers. (C) Proper use of seatbelts and child safety restraints. (D) Handling accidents, incidents, and emergency situations. (E) Providing proper accommodations for pupils with disabilities. (F) Defensive driving. (G) Operations in inclement weather. (H) Operations at night or under impaired visibility conditions. (13) Maintain a daily log sheet and complete the daily pretrip inspection of the vehicle being driven that day, which shall include all of the following: (A) A check of the operability of all lights, initialed by the driver before the vehicle is first driven in service that day. (B) A check for fluid leaks, initialed by the driver before the vehicle is first driven in service that day. (C) A check for the operability of the brakes, initialed by the driver before the vehicle is driven in service that day. (14) Complete training at least equivalent to the American Red Cross first aid training program, or hold a valid and current first aid certificate issued by the American Red Cross or by an organization whose first aid training program is at least equivalent to the American Red Cross’ first aid training program, as determined by the Emergency Medical Services Authority. (b) For vehicles with a maximum capacity of eight or fewer passengers, excluding the driver, only street-legal coupes, sedans, or light-duty vehicles, including vans, minivans, sport utility vehicles, and pickup trucks, shall be used for pupil transportation. (c) Nothing in this article shall limit any additional safety or training requirements that may be imposed by the Public Utilities Commission, a local educational agency, or any government agency. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)
  32. 39878.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

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    Drivers who transport pupils in vehicles carrying more than 10 people must have the right California commercial driver’s license and passenger endorsement, and must follow specified Section 39877 requirements unless already required by law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39878. A driver who provides transportation services for pupils in a vehicle with a capacity of more than 10 persons, including the driver, shall: (a) Hold a valid California commercial driver’s license for the appropriate class of vehicle, endorsed for passenger transportation pursuant to Section 15278 of the Vehicle Code. (b) Comply with paragraphs (2) to (14), inclusive, of subdivision (a) of Section 39877 if they are not already required to by law. (c) This article shall not reduce other legal requirements placed on any driver who provides transportation services for pupils in a vehicle with a capacity of more than 10 persons, including, but not limited to, a driver of a schoolbus or school pupil activity bus. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)
  33. 39879.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

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    A local educational agency that hires a private entity for pupil transportation must get a written attestation, and the vehicle and recordkeeping rules for that contract must be followed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39879. (a) Any local educational agency contracting with a private entity to provide pupil transportation shall obtain from the private entity a written attestation to all of the following: (1) That it not have any applicable law violations at the time of applying for the contract. (2) That it will maintain compliance with applicable laws for the duration of the contract. (3) That only drivers who meet the requirements of paragraphs (1) to (14), inclusive, of subdivision (a) of Section 39877 work, or will work, under the contract between the private entity and local educational agency. (4) That it has on file all the reports and documents required pursuant to paragraphs (1) to (14), inclusive, of subdivision (a) of Section 39877 for the duration of the contract, including, but not limited to, updated, revised, or modified reports and documents. These reports and documents shall be available for inspection by the local educational agency or any other state regulatory agency at any time. (b) A third party may report to the relevant local educational agency that the private entity the local educational agency contracted with has failed to provide a truthful attestation as required under subdivision (a) or has failed to maintain compliance with the applicable laws required for the duration of the contract. The third party shall provide documentation to substantiate their allegation before the local educational agency considers it. (c) Any vehicle used to provide pupil transportation for compensation by a local educational agency shall meet both of the following: (1) Be inspected every 12 months, or every 50,000 miles, whichever comes first, at a facility licensed by the Bureau of Automotive Repair to ensure that the vehicle passes a 19-point vehicle inspection, as adopted by the Public Utilities Commission and set forth in D.13-09-045, before allowing the vehicle to be driven. This requirement does not apply to vehicles owned or contracted with a local educational agency already subject to a statutory inspection program. (2) Be equipped with a first aid kit and a fire extinguisher. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)
  34. 39880.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

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    If this article conflicts with a pre-2024 contract between a local educational agency and a private entity, the article does not apply until that contract expires or is renewed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39880. (a) To the extent that the requirements of this article conflict with a contract entered into between a local educational agency and a private entity before January 1, 2024, this article shall not apply until the expiration or renewal of that contract. (b) As used in this section, “local educational agency” means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024.)
  35. 39881.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

    Verify source ↗

    This section defines several terms used in Article 5 on compensated driver requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39881. As used in this article, the following definitions apply: (a) “Applicable law” means applicable California laws within the Labor and Workforce Development Agency’s jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers’ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code as well as laws protecting worker health and safety. (b) “Applicable law violation” means a violation that has a final determination, order, judgment, or award issued against a private entity for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made. (c) “Congregate care facility” means a community care facility, intermediate care facility, skilled nursing facility, or a short-term residential therapeutic program. (d) “Local educational agency” means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. (e) “School-related pupil transportation” means home-to-school transportation, field trips, after school program-related transportation, preschool and childcare-related transportation, athletic program-related transportation, extracurricular school activity-related transportation, or any transportation of pupils to or from a school campus. (f) “Municipally owned transit system” means a transit system owned by a city, or by a district created pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. (g) “Supplementary service” means additional service provided by a municipally owned transit system for the purpose of ensuring the regular transit service is not impacted by large loads associated with pupil passengers traveling to or from schoolsites around school bell times. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)
  36. 39882.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. )

    Verify source ↗

    This section sets the operative dates for Article 5 and Section 39880.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 1. Transportation Services [39800 - 39882] ( Chapter 1 added by Stats. 1999, Ch. 646, Sec. 14. ) ## ARTICLE 5. Compensated Driver Requirements [39875 - 39882] ( Article 5 added by Stats. 2023, Ch. 380, Sec. 2. ) ## 39882. (a) Except as provided pursuant to subdivision (b), this article shall become operative on July 1, 2025. (b) Section 39880 shall become operative on January 1, 2024. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024.)
  37. 4.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A reference to this code or another state law includes all current and future amendments and additions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 1 GENERAL PROVISIONS [1. - 446] ( Part 1 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1 General Provisions [1. - 97] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1 Construction of Provisions [1. - 11] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 4. Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1976, Ch. 1010.)
  38. 4000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    Each county must have a county committee on school district organization, except a county that is also a city and county.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4000. There is in each county, except a county which is also a city and county, a county committee on school district organization. The number of members of the county committee in each county shall be determined as provided in this article. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  39. 4001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    If all of a county’s territory is within one unified school district, that district’s governing board becomes the county committee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4001. If all of the territory of a county under the jurisdiction of the county superintendent of schools of the county is included in one unified school district, the governing board of the unified school district shall constitute the county committee. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  40. 4002.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    If fewer than six school districts or community college districts are in the county superintendent’s territory, the superintendent must determine the number of county committee members and appoint them, except as provided in Section 4001.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4002. Except as provided in Section 4001, if there are fewer than six school districts or community college districts in the territory under the jurisdiction of the county superintendent of schools of the county, he or she shall determine the number of, and appoint, the members of the county committee. (Amended by Stats. 1990, Ch. 1372, Sec. 39.)
  41. 4003.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    In counties with six or more school districts or community college districts under the county superintendent’s jurisdiction, the county committee on school district organization must have 11 members.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4003. In every county with six or more school districts or community college districts in the territory under the jurisdiction of the county superintendent of schools of the county, the county committee on school district organization shall have 11 members. (Amended by Stats. 1990, Ch. 1372, Sec. 40.)
  42. 4004.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    If the number of school or community college districts in a county changes across the six-district threshold, the applicable section changes, and county committee members keep serving until their term ends.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4004. (a) If the number of school districts or community college districts in a county with six or more districts decreases to fewer than six, Section 4001 or 4002 shall apply, as appropriate. (b) If the number of school districts or community college districts in a county with fewer than six districts increases to six or more, Section 4003 shall apply. (c) Each member serving on a county committee when the number of school districts or community college districts changes as described in subdivision (a) or (b) shall serve out his or her term of office. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  43. 4005.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The county superintendent of schools must call an annual meeting, hold it between October 1 and December 1, and send notice by prepaid mail to the district board representatives.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4005. (a) The county superintendent of schools shall call an annual meeting of the representatives of the governing board of each school district, elected pursuant to Section 35023, and the representatives of the governing board of each community college district, elected pursuant to Section 72403. This annual meeting shall be held between October 1 and December 1. (b) The county superintendent of schools shall give notice of the annual meeting to the representatives of each governing board by prepaid mail addressed to the clerk or secretary of the governing board of each district. The notice shall be deemed sufficient and complete when deposited in the United States mail. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  44. 4006.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    This section sets out how vacancies on a county committee on school district organization are filled, including election by governing-board representatives, appointment by the county superintendent of schools in some cases, and a 70-day fallback rule.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4006. (a) Any vacancy created by the expiration of the term of office of a member of the county committee on school district organization shall be filled by the majority vote of the representatives of the governing boards at the annual meeting called and held pursuant to subdivision (a) of Section 4005. The county committee may authorize the representatives of the governing boards to vote, for this purpose, through the use of absentee ballots that are submitted, in the form and manner prescribed by the county committee, prior to the date set for the annual meeting. (b) If the representatives fail to elect members to fill the vacancies on the county committee pursuant to subdivision (a), the vacancies shall be filled by the county superintendent of schools. (c) Vacancies on the county committee which occur prior to the expiration of the term of office of a member of the county committee, which are caused by the happening of any of the events specified in Section 1770 of the Government Code, shall be filled as follows: (1) In a county in which the members of the county committee are appointed by the county superintendent of schools, by the appointment of the county superintendent of schools. (2) In a county in which the members of the county committee are elected by the representatives of the governing boards, by the majority vote of the remaining members of the committee. However, if the remaining members of the committee do not fill the vacancy within 70 days of its occurrence, the county superintendent of schools shall fill the vacancy by his or her appointment. Persons elected or appointed to fill a vacancy pursuant to this subdivision shall hold office for the remainder of the unexpired term. (d) It is the intent of the Legislature that the allowance for absentee ballots will increase participation in the selection of county committees and will not diminish the public review of candidates for those county committees. (Amended by Stats. 1989, Ch. 860, Sec. 1.)
  45. 4007.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    Certain school and community college officials and employees may not serve on the county committee; eligible governing board members may serve.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4007. No county superintendent of schools, employee of the office of a county superintendent of schools, employee of a school district, or employee of a community college district shall be a member of the county committee. Any member of the governing board of a school district or community college district in the same or any other county who is otherwise eligible may simultaneously serve as a member of the county committee. (Amended by Stats. 1986, Ch. 1123, Sec. 2.)
  46. 40070.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 2. Farm Labor Driver Training Course [40070- 40070.] ( Chapter 2 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    The State Department of Education must develop or approve a training course for certain drivers, get advice from two other agencies, and handle instructional personnel and course materials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 2. Farm Labor Driver Training Course [40070- 40070.] ( Chapter 2 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40070. (a) The State Department of Education shall develop or approve a course for the training of schoolbus, school pupil activity bus, and farm labor vehicle drivers that will provide them with the skills and knowledge necessary to prepare them for an examination for certification pursuant to Sections 12517 and 12519 of the Vehicle Code. The department shall seek the advice and assistance of the Department of Motor Vehicles and the Department of the California Highway Patrol in developing or approving the course. (b) The department shall train or approve the necessary instructional personnel to conduct the course. For schoolbus and school pupil activity bus training, the department shall provide for and approve the course outline and lesson plans used in the course. For farm labor vehicle training, the department shall approve the course outline and lesson plans used in the course. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  47. 4008.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    County committees must elect at least two members from registered voters in each county supervisorial district.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4008. (a) At least two members of every county committee shall be elected from among the registered voters residing within each county supervisorial district in the county. (b) If any change in the boundaries of a county supervisorial district in the county affects an incumbent member of the county committee, the affected member shall serve the remainder of his or her term of office and succeeding county committees shall be elected in accordance with subdivision (a). (Amended by Stats. 1991, Ch. 581, Sec. 1.)
  48. 40080.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    This article sets the minimum training required for drivers to obtain or renew certain certificates, and defines “department” as the State Department of Education.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40080. (a) This article governs the minimum training required for drivers to obtain or renew a certificate described in Section 12517, 12519, or 12804.6 of the Vehicle Code. (b) As used in this article, “department” means the State Department of Education. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  49. 40081.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    The department must develop or approve driver training courses and related materials for certain bus and farm labor vehicle drivers, and it must approve the instructional personnel and course requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40081. (a) The department shall develop or approve courses for training school pupil activity bus (SPAB), transit bus, schoolbus, and farm labor vehicle drivers that will provide them with the skills and knowledge necessary to prepare them for certification pursuant to Sections 12517, 12519, and 12804.6 of the Vehicle Code. The department shall seek the advice and assistance of the Department of Motor Vehicles and the Department of the California Highway Patrol in developing or approving those courses. (b) The department shall train or approve the necessary instructional personnel to conduct the driver training courses. For all schoolbus and school pupil activity bus (SPAB) driver instructor training, the department shall provide for and approve the course outline and lesson plans used in the course. For transit bus and farm labor vehicle driver training, the department shall approve the course outline and lesson plans used in the course. (c) All courses of study and training activities required by this article shall be approved by the department and given by, or in the presence of, an instructor in possession of a valid school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate of the appropriate class. (d) As an alternative to subdivisions (a), (b), and (c), instructors who have received a certificate from the Transportation Safety Institute of the United States Department of Transportation indicating that they have completed the Mass Transit Instructor Orientation and Training (Train-the-Trainer) course may approve courses of instruction and train transit bus drivers in order to meet the requirements for certification pursuant to Section 12804.6 of the Vehicle Code. (Amended by Stats. 2011, Ch. 347, Sec. 16. (SB 942) Effective January 1, 2012.)
  50. 40082.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Applicants for a schoolbus driver certificate must complete specified classroom and behind-the-wheel training, and the training must be taught by qualified instructors.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40082. (a) An original applicant for a certificate to drive a schoolbus, as defined by Section 545 of the Vehicle Code, shall have successfully completed a minimum 40-hour course of instruction. The course shall include at least 20 hours of classroom instruction in, but not limited to, all units of the Instructor’s Manual for California’s Bus Driver’s Training Course. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class. The course shall also include at least 20 hours of applicant behind-the-wheel training in all sections of the Instructor’s Behind-the-Wheel Guide for California’s Bus Driver’s Training Course. Applicant behind-the-wheel training shall include driving vehicles comparable to those vehicles that will be driven by the applicant to transport pupils. All behind-the-wheel training shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5. (b) Except as provided in subdivision (c), a driver who is holding a driver certificate or endorsement described in Section 40083, and is seeking a schoolbus certificate of the appropriate class, shall have successfully completed a minimum of five hours of classroom instruction, including, but not limited to, schoolbus laws and regulations, defensive driving, pupil loading and unloading, and the exceptional child. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class. The driver shall also complete at least three hours of behind-the-wheel training in defensive driving practices, lane control, railroad grade crossing procedures, and pupil loading and unloading. (c) A driver may not be certified to drive a schoolbus in the manner set forth in subdivision (b) if that driver was instructed by a person who received his or her certificate in the manner described in subdivision (d) of Section 40081. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  51. 40083.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    An original applicant for a bus-driving certificate must complete a 35-hour training course with required classroom and behind-the-wheel components.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40083. An original applicant for a certificate to drive any bus defined by Section 546 or 642 of the Vehicle Code shall have successfully completed a minimum 35-hour course of instruction. The course shall include at least 15 hours of classroom instruction, including, but not limited to, all units of the Instructor’s Manual for California’s Bus Driver’s Training Course, or other classroom curricula which the department has certified meets or exceeds the standards in its curricula. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class, except that an instructor who has received a certificate as described in subdivision (d) of Section 40081, may provide the training for an original applicant for a certificate to drive a bus defined by Section 642 of the Vehicle Code. The course shall also include at least 20 hours of applicant behind-the-wheel training in all sections of the Instructor’s Behind-the-Wheel Guide for California’s Bus Driver’s Training Course, or at least 20 hours of other behind-the-wheel training or driving experience that the department has certified meets or exceeds the standards of its training course. Applicant behind-the-wheel training shall include driving vehicles comparable to those vehicles that will be used to transport passengers. All behind-the-wheel training for a certificate to drive a bus defined by Section 546 of the Vehicle Code shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5. All behind-the-wheel training for a certificate to drive a bus defined by Section 642 of the Vehicle Code shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5, or the delegated behind-the-wheel trainer as designated by the instructor certified pursuant to subdivision (d) of Section 40081. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  52. 40084.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    An original applicant for a farm labor vehicle certificate must complete a 20-hour training course.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40084. An original applicant for a certificate to drive a farm labor vehicle shall have successfully completed a minimum 20-hour course of instruction. The course shall include at least 10 hours of classroom instruction, including, but not limited to, all units of the Instructor’s Manual for California’s Bus Driver’s Training Course. All classroom instruction shall be given by, or in the presence of, a state-certified instructor of the appropriate class. The course shall also include at least 10 hours of applicant behind-the-wheel training in all sections of the Instructor’s Behind-the-Wheel Guide for California’s Bus Driver’s Training Course. Applicant behind-the-wheel training shall include driving vehicles comparable to those that will be driven by the applicant to transport farm passengers. All behind-the-wheel training shall be given by a state-certified instructor of the appropriate class or the delegated behind-the-wheel trainer as designated pursuant to Section 40084.5. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  53. 40084.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Behind-the-wheel training for certain certificates must be done by a state-certified instructor or an approved/certified delegated trainer.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40084.5. (a) All behind-the-wheel training required to obtain certificates pursuant to Sections 12517 and 12519 of the Vehicle Code shall be performed by a state-certified instructor or by a delegated behind-the-wheel trainer who has been certified or approved by the department to conduct the required training. (b) A “delegated behind-the-wheel trainer” means a person selected to assist a state-certified instructor in the behind-the-wheel training of drivers. Selected persons shall be trained by state-certified instructors and approved by the department before conducting any behind-the-wheel training. The minimum standards for the selection of a delegated behind-the-wheel trainer are as follows: (1) One year experience as a driver of the appropriate type and size vehicle immediately preceding the date of selection as a delegated behind-the-wheel trainer. (2) Possession of the appropriate license, certificates, and endorsements needed to drive and train in a particular type and size vehicle. (3) A high school diploma or General Education Development (GED) equivalent. (4) A driving record without chargeable accidents within the past three years immediately preceding the date of selection. (5) Successful completion of all training in the latest edition of the Instructor’s Behind-the-Wheel Training Guide for California’s Bus Driver’s Training Course given by, and in the presence of, a state-certified instructor of the appropriate class. (6) Successful completion of a written assessment test on current laws, regulations, and policies given by, and in the presence of, a state-certified instructor of the appropriate class. (7) Successful completion of a driving test and a behind-the-wheel training performance test on all phases of behind-the-wheel and vehicle inspection training. The test shall be given by, and in the presence of, a state-certified instructor of the appropriate class. (c) The state-certified instructor shall train and document the qualifications and competence of each delegated behind-the-wheel trainer to be utilized in training. All training required by this section shall be documented on the State Department of Education Training Certificate T-01, and signed by a state-certified school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor of the appropriate class, and by the delegated behind-the-wheel trainer. The signatures shall certify that the instruction was given to, and received by, the delegated behind-the-wheel trainer and that the delegated behind-the-wheel trainer displayed a level of competency necessary to train drivers to drive authorized vehicles in a safe and competent manner. The completed State Department of Education Training Certificate T-01 shall be submitted to the department in Sacramento, along with all other required documents, when requesting approval of a delegated behind-the-wheel trainer. (d) The department may disapprove the eligibility of a delegated behind-the-wheel trainer for any of the following causes: (1) The state-certified instructor authorizing the competency of the delegated behind-the-wheel trainer has requested disapproval. (2) The employer of the delegated behind-the-wheel trainer has requested disapproval. (3) The delegated behind-the-wheel trainer has voluntarily requested disapproval. (4) The delegated behind-the-wheel trainer failed to comply with Section 40087. (5) The delegated behind-the-wheel trainer failed to comply with Section 40084.5. (6) The delegated behind-the-wheel trainer does not possess a valid driver’s license, appropriate endorsements, or special driver’s certificate of the appropriate class. (7) The delegated behind-the-wheel trainer’s driver’s license or special driver’s certificate has been suspended or revoked. (e) A delegated behind-the-wheel trainer may be limited in behind-the-wheel training as determined by the department. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  54. 40085.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    People renewing a schoolbus or school pupil activity bus certificate must complete at least 10 hours of approved training each 12 months; the DMV may cancel the certificate if the training is not completed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40085. Applicants seeking to renew a certificate to drive a schoolbus as defined in Section 545 of the Vehicle Code or a school pupil activity bus as defined in Section 546 of the Vehicle Code shall have successfully completed at least 10 hours of original or renewal classroom instruction, or behind-the-wheel or in-service training, during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the special driver certificate validity, the 10 hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, passenger loading and unloading, and the inspection procedures pursuant to paragraph (4) of subdivision (a) of Section 39831.3. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the bus driver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section. (Amended by Stats. 2016, Ch. 721, Sec. 5. (SB 1072) Effective January 1, 2017.)
  55. 40085.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    To renew a transit bus certificate, the applicant must complete at least 8 hours of approved training every 12 months of certificate validity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40085.5. Applicants seeking to renew a certificate to drive a transit bus as defined in Section 642 of the Vehicle Code shall have successfully completed at least eight hours of original or renewal classroom instruction, or behind-the-wheel or in-service training during each 12 months of certificate validity. In-service training credit may be given by a state-certified driver instructor of the appropriate class, or an instructor certified pursuant to subdivision (d) of Section 40081, to an applicant for attending or participating in appropriate driver training workshops, driver safety meetings, driver safety conferences, and other activities directly related to passenger safety and driver training. During the last 12 months of the validity of the certificate, the eight hours required shall consist of classroom instruction covering, but not limited to, current laws and regulations, defensive driving, accident prevention, emergency procedures, and passenger loading and unloading. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the busdriver certificate. All training required by Section 40089 may be accepted in lieu of the requirements of this section. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  56. 40086.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Applicants renewing a farm labor vehicle certificate must complete two hours of classroom instruction for each 12 months of certificate validity.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40086. Applicants seeking to renew a certificate to drive a farm labor vehicle shall have successfully completed two hours of classroom instruction for each 12 months of certificate validity covering, but not limited to, current laws and regulations, accident prevention, and defensive driving. Failure to successfully complete the required training during any 12-month period of certificate validity is cause for the Department of Motor Vehicles to cancel the farm labor vehicle driver license or certificate. All training required in Section 40089 may be accepted in lieu of the requirements of this section. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  57. 40087.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

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    Driver training must be documented and signed, and the completed certificate or form must be presented when applying for or renewing an endorsement or certificate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40087. (a) Except as provided in subdivision (b), driver training required by this chapter shall be properly documented on the State Department of Education Training Certificate T-01, and signed by a state-certified school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor of the appropriate class, and by the driver or applicant. The signatures certify that the instruction was given to, and received by, the applicant or driver, and that the applicant or driver displayed a level of competency necessary to drive the vehicle in a safe and competent manner. The applicant or driver shall present the completed State Department of Education Training Certificate T-01 to the examining state agency when applying for an endorsement or certificate, or, for renewal of an endorsement or certificate. (b) Driver training provided by an instructor certified pursuant to subdivision (d) of Section 40081 shall be documented on a form developed by the Department of Motor Vehicles, with the consultation of the department. The form shall be signed by the instructor and by the applicant or driver. The signatures certify that the instruction was given to, and received by, the applicant or driver, and that the applicant or driver displayed a level of competency necessary to drive the vehicle in a safe and competent manner. The applicant or driver shall present the completed form to the Department of Motor Vehicles when applying for a certificate or for renewal of a certificate. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  58. 40088.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Applicants for certain driver instructor certificates must complete the approved course and meet listed qualifications; the department can waive some requirements, and certificates can be suspended, revoked, canceled, or disallowed for specified reasons.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40088. (a) An applicant for a school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate shall successfully complete the appropriate instructor course given or approved by the department. (b) An applicant for the course shall possess: (1) A valid driver’s license and endorsement valid for driving the vehicles for which the driver instructor rating is sought. (2) A certificate or endorsement valid for driving the vehicles for which the driver instructor rating is sought. (3) Five years of experience as a driver in the appropriate vehicle category, or two years experience of that driving experience and three years equivalent experience driving vehicles that require a class A or B driver’s license. (4) A high school diploma or General Education Development (GED) equivalent. (5) A driving record without chargeable accidents within the past three years preceding the date of application for the instructor certificate. The department may waive any or all of the requirements of this subdivision as it determines is necessary to ensure that there are an adequate number of state-certified instructors in the state. (c) (1) A state-certified schoolbus driver instructor of the appropriate class may instruct all applicants for a schoolbus, school pupil activity bus (SPAB), transit bus, or farm labor vehicle driver’s certificate. (2) A state-certified school pupil activity bus (SPAB) driver instructor of the appropriate class may instruct all applicants for a school pupil activity bus (SPAB), transit bus, or farm labor vehicle driver’s certificate, but not a schoolbus certificate. (3) A state-certified transit bus instructor of the appropriate class may instruct all applicants for a transit bus or farm labor driver’s certificate, but not a school pupil activity bus (SPAB) or a schoolbus certificate. (4) A state-certified farm labor vehicle driver instructor may instruct applicants only for a certificate to drive a farm labor vehicle. (d) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate shall be valid until suspended, revoked, or canceled if it is accompanied by a valid driver’s license and a special driver’s certificate or valid driver’s license and endorsement of the appropriate class or is limited to classroom or in-service training only. (e) The department may suspend or revoke a school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor certificate for any of the following causes: (1) The certificate holder failed to comply with Section 40087. (2) The certificate holder failed to comply with Section 40084.5. (3) The certificate holder has committed an act listed in Section 13369 of the Vehicle Code or Section 13370 of that code. (f) The department shall revoke a schoolbus, school pupil activity bus (SPAB), transit bus, or farm labor vehicle driver instructor certificate if the certificate holder falsified a State Department of Education Training Certificate T-01, T-02, or T-03. (g) The department may cancel the driver instructor certificate for any of the following causes: (1) The certificate holder has voluntarily requested cancellation. (2) The certificate holder has his or her driving privilege suspended or revoked. (3) The certificate holder has failed to meet the provisions required for retention of the driver instructor certificate. This includes failure to meet the instructor training requirements prescribed by Section 40084.5. (4) The certificate holder does not possess a valid driver’s license, endorsement, or special driver’s certificate of the appropriate class. (h) The department shall by regulation adopt an instructor certificate appeals procedure for subdivisions (e), (f), and (g). (i) The Department of Motor Vehicles or the Department of the California Highway Patrol may disallow the driver training documentation provided pursuant to Section 40087 signed by any driver instructor certified pursuant to Section 40081 if either of those departments finds that the instructor’s certificate would have been suspended, revoked, or canceled for any of the reasons designated in subdivision (e), (f), or (g). (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  59. 40089.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Driver instructors for SPABs, transit buses, schoolbuses, or farm labor vehicles must complete specified annual training and document it on a T-01 certificate.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40089. (a) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor with no instructional limitations shall conduct at least 20 hours of instruction each 12 months that includes at least 10 hours of behind-the-wheel and 10 hours of classroom training, which need not be given in a single session. A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor limited to either classroom or behind-the-wheel training only shall conduct at least 10 hours of instruction each 12 months that includes at least 10 hours of behind-the-wheel or classroom training depending on the limitation. The training need not be given in a single session. A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor limited to in-service training only shall conduct at least 10 hours of in-service training each 12 months. All school pupil activity bus (SPAB), transit bus, schoolbus, and farm labor vehicle driver instructor training conducted by department staff may be accepted in lieu of the requirements of this subdivision. (b) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor may be limited to classroom instruction, behind-the-wheel training or in-service training only, and prohibited from recording, documenting, or signing for any training required by this article, as determined by the department. (c) A school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor shall be limited to behind-the-wheel instruction in vehicles that the instructor is qualified to drive. (d) All school pupil activity bus (SPAB), transit bus, schoolbus, or farm labor vehicle driver instructor training required by subdivision (a) shall be properly documented on a State Department of Education Training Certificate T-01, and signed by the state-certified instructor at the end of each 12-month training period. The signature certifies that the required instruction was conducted during the 12-month training period. Upon renewal of the instructor driver’s license, endorsement, or certificate, the completed instructor training record, recorded on the State Department of Education Training Certificate T-01, shall be submitted to the department in Sacramento. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  60. 4009.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    A county committee member’s term starts when the member is elected or appointed, and the term lasts four years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4009. The term of each member of the county committee shall begin upon election pursuant to Section 4006 or upon appointment pursuant to Section 4002, as appropriate, and shall be for four years. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  61. 40090.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    The department may charge fees to certain instructor applicants, but the fees cannot exceed the amount needed to cover the department’s reasonable costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40090. The department may assess fees to any instructor applicant who will be training drivers of any vehicle as defined in Section 322, 545, 546, or 642 of the Vehicle Code. The fees may not be more than necessary to offset the department’s reasonable costs. (Amended by Stats. 2017, Ch. 15, Sec. 21. (AB 99) Effective June 27, 2017.)
  62. 40090.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. )

    Verify source ↗

    Employers must make training available to certain transit busdrivers without causing a loss of wages or benefits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 23.5. TRANSPORTATION [39800 - 40090.5] ( Part 23.5 added by Stats. 1999, Ch. 646, Sec. 14. ) ## CHAPTER 3. Specialized Vehicle Driver Training Courses [40080 - 40090.5] ( Chapter 3 added by Stats. 1999, Ch. 646, Sec. 14. ) ## 40090.5. Employers shall take all action necessary to make available to every transit busdriver required to be trained pursuant to Section 40083 or 40085.5 the opportunity to be trained without the loss of wages or benefits. (Added by Stats. 1999, Ch. 646, Sec. 14. Effective January 1, 2000.)
  63. 4010.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    County committee members serve without compensation, but they must be reimbursed for actual and necessary travel expenses incurred while performing their duties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4010. The members of the county committee shall serve without compensation. However, they shall receive reimbursement for any actual and necessary travel expenses incurred in the performance of their duties. (Amended by Stats. 1987, Ch. 1452, Sec. 47.)
  64. 4011.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The county counsel, or the district attorney if there is no county counsel, may provide legal services to the county committee. In certain counties, the county committee may appoint legal counsel, and those expenses are charged to the county school service fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4011. (a) The county counsel, or if there is no county counsel, the district attorney, may provide legal services to the county committee. (b) In any county in which the board of supervisors has transferred functions and duties to the county board of education pursuant to Section 1080 and the county board of education has agreed to include the expenses of the county committee in the single budget adopted pursuant to Section 1623 for which a county tax is levied, the county committee may appoint legal counsel in the same manner that the county superintendent of schools of that county may appoint counsel. The expenses of an appointment pursuant to this subdivision shall be a proper charge against the county school service fund. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  65. 4012.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The county superintendent of schools must call the county committee’s first meeting within 30 days after the committee is elected or appointed, and must serve as its secretary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4012. Within 30 days after the election or appointment of the county committee, the county superintendent of schools shall call the first meeting of the county committee, for purposes of electing a committee chairperson and a committee vice chairperson from among the members of the committee. The county superintendent of schools shall serve as the secretary of the county committee. (Amended by Stats. 1983, Ch. 1095, Sec. 2. Effective September 27, 1983.)
  66. 4013.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The chairperson or a quorum of the county committee may call meetings of the county committee.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4013. Meetings of the county committee may be called by the chairperson, or by a quorum of the committee. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  67. 4014.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    A majority of the county committee members counts as a quorum for this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 1. County Committees on School District Organization [4000 - 4014] ( Article 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4014. For purposes of this article, a majority of the members of county committee shall constitute a quorum. (Added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  68. 4020.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The State Board of Education may, on petition, order a county board of education to act as the county committee on school district organization, and must approve or reject the petition and notify the petitioning agency within 90 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4020. (a) Upon the petition of the county committee on school district organization of a county, or of the county board of education of that county, the State Board of Education may order the county board of education to act as the county committee on school district organization for that county. (b) The State Board of Education shall approve or reject a petition to transfer the duties and powers of the county committee on school district organization of a county to the county board of education of that county and shall notify the petitioning agency of its action within 90 days after receiving the petition. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  69. 4021.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    When the State Board of Education issues an order under Section 4020, the county board of education takes over the duties, powers, purposes, responsibilities, and jurisdiction of the county committee on school district organization.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4021. Upon the order of the State Board of Education issued pursuant to Section 4020, the county board of education of a county succeeds to and is vested with all duties, powers, purposes, responsibilities, and jurisdiction formerly vested in the county committee on school district organization of that county. (Repealed and added by Stats. 1982, Ch. 1214, Sec. 3. Effective September 22, 1982.)
  70. 4022.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The State Board of Education may reestablish a county committee on school district organization, and it must vote on any petition to do so at the next properly noticed board meeting.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4022. (a) The State Board of Education may, upon its own motion or upon petition of the county board of education or a majority of districts in the county, reestablish a county committee on school district organization whose duties and powers have been previously transferred pursuant to Section 4020. (b) The State Board of Education shall vote to approve or disapprove any petition submitted pursuant to subdivision (a) at the next regularly scheduled board meeting for which the matter can be properly noticed. (Added by Stats. 1990, Ch. 1263, Sec. 5.)
  71. 4023.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    The first annual meeting after a county committee on school district organization is reestablished must happen within 30 days of the State Board of Education’s action to reestablish it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4023. Notwithstanding subdivision (a) of Section 4005, the first annual meeting following the reestablishment of a county committee on school district organization shall occur within 30 days of the State Board of Education’s action to reestablish the committee. (Added by Stats. 1990, Ch. 1263, Sec. 6.)
  72. 4024.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. )

    Verify source ↗

    A county committee reestablished under Section 4022 takes over the duties, powers, purposes, responsibilities, and jurisdiction that were previously transferred to the county board of education under Section 4021.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 3. COUNTY ADMINISTRATION OF DISTRICT ORGANIZATION [4000 - 4024] ( Part 3 repealed and added by Stats. 1982, Ch. 1214, Sec. 3. ) ## CHAPTER 1. Operational Procedures [4000 - 4024] ( Chapter 1 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## ARTICLE 2. Transfer of Duties of County Committee to County Board of Education [4020 - 4024] ( Article 2 added by Stats. 1982, Ch. 1214, Sec. 3. ) ## 4024. A county committee on school district organization reestablished pursuant to Section 4022 succeeds to and is vested with all the duties, powers, purposes, responsibilities, and jurisdiction previously transferred to the county board of education pursuant to Section 4021. (Added by Stats. 1990, Ch. 1263, Sec. 7.)
  73. 41000.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Certain local officials may not charge fees or compensation for handling school moneys, and the collected money must be paid to the city, city and county, or county treasurer.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41000. No assessor, tax collector, city, city and county, or county treasurer shall charge or receive any fees or compensation for assessing, collecting, receiving, keeping, or disbursing any school moneys, but the whole moneys collected shall be paid to the city, city and county, or county treasurer. (Enacted by Stats. 1976, Ch. 1010.)
  74. 41001.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district and municipal school-tax money must be paid into the county treasury, and the required deposits and payments are normally daily.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41001. The governing board of every school district shall pay all moneys received or collected by it from any source and all moneys apportioned to it from taxes levied and collected under the authority of city councils for school purposes, into the county treasury to be placed to the credit of the proper fund of its district. All money collected by the city council or other governing body of any municipality from taxes levied for school purposes when received shall be paid into the county treasury to the credit of the school district for the schools of which the taxes were levied. All deposits and payments required by this section shall be made daily, unless the county superintendent of schools authorizes them to be made weekly or otherwise, but in no event less frequently than monthly. (Enacted by Stats. 1976, Ch. 1010.)
  75. 41002.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district money from specified tax and apportionment sources must be deposited into the district’s general fund, except money that must go into a separate fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41002. All moneys received by any school district or paid into the county or city and county treasury to the credit of the district from state apportionments, county, district or municipal taxes, other than moneys required to be placed in a separate fund of the school district, shall be deposited in the general fund of the district, which fund shall be in existence in each county and city and county treasury. Nothing in this section shall be construed as discontinuing, nor as affecting the disposition of moneys in any of the separate funds of the school districts legally created or established in law. (Amended by Stats. 1987, Ch. 917, Sec. 13.)
  76. 41002.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money received for listed school-district purposes may be deposited in a federally insured bank or financial institution, and the deposit must be fully covered by that insurance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41002.5. Notwithstanding Sections 41001 and 41002, money received from the sources, or for the purposes listed in subdivisions (a) to (h), inclusive, may be deposited in a bank or other financial institution whose accounts are federally insured. Any money so deposited shall be in an account or accounts fully covered by that insurance: (a) Funds received for the purpose of making loans, scholarships, or grants to students in, or graduates of, a school under the jurisdiction of the governing board of the district. (b) Funds received for the sale of food or other services performed by one or more cafeterias established in the schools of the district. (c) Funds received from the sale of produce, livestock, and other products of one or more school farms established in the district. (d) Clearing accounts established pursuant to Section 41017. (e) Funds of a student body organization. (f) Funds in a revolving cash fund established pursuant to Section 42820. (g) Funds for community recreation programs established pursuant to Chapter 10 (commencing with Section 10900) of Part 7. (h) Funds that, pursuant to any other law or provision of the California School Accounting Manual, may be deposited in a bank or other federally insured financial institution in lieu of the county treasury. (Amended by Stats. 1991, Ch. 68, Sec. 1.)
  77. 41003.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may adopt a resolution choosing which district fund or funds will receive rental or lease income from real property.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Moneys Received by School Districts [41000 - 41003] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41003. The governing board of a school district may, by resolution, specify the particular fund or funds maintained for the district into which shall be deposited moneys received for the rental or lease of real property. (Enacted by Stats. 1976, Ch. 1010.)
  78. 41010.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts must use an accounting system that follows the California School Accounting Manual, as approved by the State Board of Education and furnished by the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41010. The accounting system used to record the financial affairs of any school district shall be in accordance with the definitions, instructions, and procedures published in the California School Accounting Manual as approved by the State Board of Education and furnished by the Superintendent of Public Instruction. No accounting manual so approved shall expressly or by implication affect the content of any educational program or objective, except as otherwise specifically provided for by this code. The Legislature hereby finds that such content shall be best determined by those involved in the administration of educational programs, including school district governing boards, local administrators, teachers, students, and parents. (Enacted by Stats. 1976, Ch. 1010.)
  79. 41011.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s accounting system must separately record classroom teacher salaries and distinguish them from other district expenditures.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41011. The accounting system used to record the financial affairs of any school district shall be designed to provide separate recording and clear distinction between expenditures for salaries of classroom teachers employed by the district and expenditures for other purposes of the district. As used in this section “salaries of classroom teachers” means: (a) The salary paid to each teacher employed by the district whose duties require that the full time for which the teacher is employed be devoted to the teaching of pupils of the district. (b) The portion of the salary of each teacher whose duties require that a part, but not all, of the full time for which the teacher is employed be devoted to the teaching of pupils of the district, which is equal to the portion of such full time actually devoted by the teacher to teaching pupils of the district. (c) The salary paid to each instructional aide employed by the district, any portion of whose duties are required to be performed under the supervision of a classroom teacher. As used in this section a “teacher” means an employee of the district employed in a position requiring certification qualifications and whose duties require him to teach pupils of the district for at least one full instructional period each schoolday for which the employee is employed. In the case of a teacher employed to teach in an elementary school, an instructional period is a period of not less than 20 minutes. In the case of a teacher employed to teach in a secondary school, an instructional period is the number of minutes equal to the number of minutes of the regular academic period in the junior high school, or high school, in which the teacher is employed to teach. (Enacted by Stats. 1976, Ch. 1010.)
  80. 41011.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Local educational agency accounting systems must separately account for certain settlement, judgment, and special-assessment payments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41011.1. (a) The accounting system used to record the financial affairs of any local educational agency shall be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling arrangement, as a result of claims pursuant to Chapter 861 of the Statutes of 2019 (Assembly Bill 218 of the 2019–20 Regular Session) and Chapter 655 of the Statutes of 2023 (Assembly Bill 452 of the 2023–24 Regular Session). (b) The accounting system used to record financial affairs of any local educational agency shall be designed to provide a separate accounting of expenditures related to actual payments of legal settlements, judgments, or special assessments by a joint pooling arrangement, as a result of civil claims that are not captured pursuant to subdivision (a). (c) For purposes of this section, “local educational agency” means a school district, county office of education, charter school, or joint powers authority established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code consisting of a combination of school districts, county offices of education, or charter schools. (Added by Stats. 2025, Ch. 8, Sec. 16. (AB 121) Effective June 27, 2025.)
  81. 41012.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must require a uniform cost accounting procedure from the California School Accounting Manual for certain allowance determinations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41012. For purposes of determining allowances pursuant to Chapter 8 (commencing with Section 52200) of Part 28, and Chapter 3 (commencing with Section 56500) and Chapter 4 (commencing with Section 56600) of Part 30, the Superintendent of Public Instruction shall require the use of a uniform cost accounting procedure, as set forth in the California School Accounting Manual. (Amended by Stats. 1998, Ch. 89, Sec. 8. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  82. 41013.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district spending for certain center programs must be moved from the general fund to the appropriate special fund, and any excess must be refunded to the general fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41013. For the purpose of achieving clarity and uniformity in the budgeting and reporting of school district expenditures by funds, whenever certain expenditures for the children’s center program, the development center for handicapped minors program, or any similar program, except the food service program, for which a special fund is required by law, are: (1) authorized by law and by action of the governing board to be paid from the general fund of the school district, or (2) required by law to be paid from the general fund of the school district, the amount estimated or actually required to meet these expenditures shall be transferred or paid from the general fund to the children’s center fund, the development center for handicapped minors fund, or other special fund as appropriate. Any amount transferred or paid in excess of the amount actually required shall be refunded to the general fund. The Superintendent of Public Instruction is hereby authorized to adopt rules and regulations governing the method of accounting for said payments and transfers. (Enacted by Stats. 1976, Ch. 1010.)
  83. 41014.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    County superintendents of schools, and sometimes county auditors, must use budgetary accounting to administer certain school-fund limits and rules, rather than creating special school district funds in the county treasury.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41014. Excepting only as provided in Article 1 (commencing with Section 41000) and this article, all constitutional and statutory limitations on the purposes for which moneys derived from particular specified sources may be expended, and all statutory provisions relative to the establishment of specified school district funds, shall be administered by county superintendents of schools, or in the discretion of county auditors, by county superintendents of schools and county auditors by means of budgetary accounting and not by the establishment and maintenance in the county or city and county treasury of special school district funds. (Enacted by Stats. 1976, Ch. 1010.)
  84. 41015.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board or county office of education board may invest certain reserve funds or surplus money in specified Government Code investments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41015. The governing board of any school district or any county office of education which has funds in a special reserve fund of the district or county office of education or any surplus moneys not required for the immediate necessities of the district or county office of education, is hereby authorized to invest all or any part of the funds in any of the investments specified in Section 16430 or 53601 of the Government Code. (Amended by Stats. 1987, Ch. 198, Sec. 1.)
  85. 41016.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may place certain securities with approved banks or Federal Reserve banks for safekeeping, and must get a receipt from the bank.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41016. The governing board of a school district which has made an investment pursuant to the authority of Section 41015 may deposit such security for safekeeping with a state or national bank or trust company located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within the state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System. The governing board shall take from such bank a receipt for the security so deposited. The county treasurer with whom such funds if uninvested would be deposited shall not be responsible for securities delivered to and receipted for by a bank under the authority of this section until they are withdrawn from the bank by said treasurer. (Enacted by Stats. 1976, Ch. 1010.)
  86. 41017.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School district and county office boards may set up clearing bank accounts for miscellaneous receipts and control withdrawals, but the money must be transferred to the county treasury on the Section 41001 timetable.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41017. The governing board of any school district or any county office of education may authorize any school district governed by it, or any school under its jurisdiction to deposit in one or more bank accounts as clearing accounts any miscellaneous receipts, including receipts from the sale of property or materials pursuant to Section 39526 or 39527, received or collected by the school district or county office of education, and may provide for the withdrawals from those accounts. All moneys in those bank accounts shall be paid into the county treasury within the time periods specified pursuant to Section 41001. Cashiers’ checks, certified checks, and money placed in the custody of the school district or county office of education as security that a bidder will execute or faithfully perform a contract, if awarded to him or her, may be deposited in those bank accounts but shall not be paid into the county treasury to the credit of the school district or county office of education unless forfeited or unless unclaimed by the bidder for a period of 12 months. Such bank accounts shall not be subject to the deposit of funds provisions of Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, except to the extent provided by Section 53679 of the Government Code. (Amended by Stats. 1987, Ch. 198, Sec. 2.)
  87. 41018.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Certain large school district or county education boards may deposit temporary-rental money into bank accounts, hold it up to three years, spend it on proper rental-related costs, or invest it under Section 41015 when not needed for costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41018. The governing board of any school district or any county office of education having an average daily attendance of 100,000 or more may deposit in one or more bank accounts moneys received from the temporary rental of property acquired by a school district or county office of education pending construction of school facilities on the property. The moneys may be held in the accounts for a period of not to exceed three years and may be used to pay any proper costs incurred as a result of the temporary rental, provided that when the moneys are not being used to pay the costs they may be invested, along with all other moneys deposited in clearing accounts, pursuant to Section 41015 as determined by the governing board of the school district or the county office of education. The moneys invested pursuant to this section shall be invested with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of like character and with like aims. (Amended by Stats. 1987, Ch. 198, Sec. 3.)
  88. 41019.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district governing board may pay the expenses of transporting money to and from its banks if the district maintains certain accounts there.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41019. The governing board of any school district which maintains clearing accounts, cafeteria accounts, and other accounts in a bank or banks, pursuant to Section 41017 or 39892, or pursuant to any other provisions of law, may contract and pay for the expenses of transporting money to and from such bank or banks. (Enacted by Stats. 1976, Ch. 1010.)
  89. 41020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section requires local educational agencies to have annual audits and sets deadlines, standards, filing, and follow-up rules for those audits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020. (a) It is the intent of the Legislature to encourage sound fiscal management practices among local educational agencies for the most efficient and effective use of public funds for the education of children in California by strengthening fiscal accountability at the school district, county, and state levels. (b) (1) Not later than the first day of May of each fiscal year, each county superintendent of schools shall provide for an audit of all funds under their jurisdiction and control and the governing board of each local educational agency shall either provide for an audit of the books and accounts of the local educational agency, including an audit of income and expenditures by source of funds, or make arrangements with the county superintendent of schools having jurisdiction over the local educational agency to provide for that auditing. (2) A contract to perform the audit of a local educational agency that has a disapproved budget or has received a negative certification on any budget or interim financial report during the current fiscal year or either of the two preceding fiscal years, or for which the county superintendent of schools has otherwise determined that a lack of going concern exists, is not valid unless approved by the responsible county superintendent of schools and the governing board of the local educational agency. (3) If the governing board of a local educational agency has not provided for an audit of the books and accounts of the local educational agency by April 1, the county superintendent of schools having jurisdiction over the local educational agency shall provide for the audit of the local educational agency. (4) An audit conducted pursuant to this section shall comply fully with the Government Auditing Standards issued by the Comptroller General of the United States. (5) For purposes of this section, “local educational agency” does not include community colleges. (c) Each audit conducted in accordance with this section shall include all funds of the local educational agency, including the student body and cafeteria funds and accounts and any other funds under the control or jurisdiction of the local educational agency. Each audit shall also include an audit of pupil attendance procedures. Each audit shall include a determination of whether funds were expended pursuant to a local control and accountability plan or an approved annual update to a local control and accountability plan pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4. (d) All audit reports for each fiscal year shall be developed and reported using a format established by the Controller after consultation with the Superintendent and the Director of Finance. (e) (1) The cost of the audits provided for by the county superintendent of schools shall be paid from the county school service fund and the county superintendent of schools shall transfer the pro rata share of the cost chargeable to each school district from school district funds. (2) The cost of the audit provided for by a governing board of a local educational agency shall be paid from local educational agency funds. The audit of the funds under the jurisdiction and control of the county superintendent of schools shall be paid from the county school service fund. (f) (1) The audits shall be made by a certified public accountant or a public accountant, licensed by the California Board of Accountancy, and selected by the local educational agency, as applicable, from a directory of certified public accountants and public accountants deemed by the Controller as qualified to conduct audits of local educational agencies, which shall be published by the Controller not later than December 31 of each year. (2) Commencing with the 2003–04 fiscal year and except as provided in subdivision (d) of Section 41320.1, it is unlawful for a public accounting firm to provide audit services to a local educational agency if the lead audit partner, or coordinating audit partner, having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local educational agency in each of the six previous fiscal years. The Education Audits Appeal Panel may waive this requirement if the panel finds that no otherwise eligible auditor is available to perform the audit. (3) It is the intent of the Legislature that, notwithstanding paragraph (2), the rotation within public accounting firms conform to provisions of the federal Sarbanes-Oxley Act of 2002 (Public Law 107-204; 15 U.S.C. Sec. 7201 et seq.), and upon release of the report required by the act of the Comptroller General of the United States addressing the mandatory rotation of registered public accounting firms, the Legislature intends to reconsider paragraph (2). In determining which certified public accountants and public accountants shall be included in the directory, the Controller shall use the following criteria: (A) The certified public accountants or public accountants shall be in good standing as certified by the Board of Accountancy. (B) The certified public accountants or public accountants, as a result of a quality control review conducted by the Controller pursuant to Section 14504.2, shall not have been found to have conducted an audit in a manner constituting noncompliance with subdivision (a) of Section 14503. (g) (1) The auditor’s report shall include each of the following: (A) A statement that the audit was conducted pursuant to standards and procedures developed in accordance with Chapter 3 (commencing with Section 14500) of Part 9 of Division 1 of Title 1. (B) A summary of audit exceptions and management improvement recommendations. (C) An evaluation by the auditor on whether there is substantial doubt about the ability of the local educational agency to continue as a going concern for a reasonable period of time. This evaluation shall be based on the Statement on Auditing Standards No. 59, as issued by the American Institute of Certified Public Accountants regarding disclosure requirements relating to the ability of the entity to continue as a going concern. (2) To the extent possible, a description of correction or plan of correction shall be incorporated in the audit report, describing the specific actions that are planned to be taken, or that have been taken, to correct the problem identified by the auditor. The descriptions of specific actions to be taken or that have been taken shall not solely consist of general comments such as “will implement,” “accepted the recommendation,” or “will discuss at a later date.” (h) (1) Not later than December 15, a report of each local educational agency audit for the preceding fiscal year shall be filed with the county superintendent of schools of the county in which the local educational agency is located, the department, and the Controller. The Superintendent shall make any adjustments necessary in future apportionments of all state funds to correct any audit exceptions revealed by those audit reports. (2) The audit report referenced in paragraph (1) for the 2020–21 fiscal year shall instead be filed no later than January 31, 2022. (3) The extension for the audit report referenced in subdivision (m) of Sections 47605 and 47605.6 for the 2020–21 fiscal year shall instead be filed no later than January 31, 2022. (i) (1) Commencing with the 2002–03 audit of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall be responsible for reviewing the audit exceptions contained in an audit of a local educational agency under their jurisdiction related to attendance, inventory of equipment, internal control, and any miscellaneous items, and determining whether the exceptions have been either corrected or an acceptable plan of correction has been developed. (2) Commencing with the 2004–05 audit of local educational agencies pursuant to this section and subdivision (d) of Section 41320.1, each county superintendent of schools shall include in the review of audit exceptions performed pursuant to this subdivision those audit exceptions related to use of instructional materials program funds, teacher misassignments pursuant to Section 44258.9, and information reported on the school accountability report card required pursuant to Section 33126, and shall determine whether the exceptions are either corrected or an acceptable plan of correction has been developed. (j) Upon submission of the final audit report to the governing board of each local educational agency and subsequent receipt of the audit by the county superintendent of schools having jurisdiction over the local educational agency, the county office of education shall do all of the following: (1) Review audit exceptions related to attendance, inventory of equipment, internal control, and other miscellaneous exceptions. Attendance exceptions or issues shall include, but not be limited to, those related to local control funding formula allocations pursuant to Section 42238.02, as implemented by Section 42238.03, and independent study. (2) (A) If a description of the correction or plan of correction has not been provided as part of the audit required by this section, the county superintendent of schools shall notify the local educational agency and request the governing board of the local educational agency to provide to the county superintendent of schools a description of the corrections or plan of correction by March 15. (B) In audit reports for the 2020–21 fiscal year, the description of the corrections or plan of correction referenced in subparagraph (A) shall instead be filed no later than April 15, 2022. (3) Review the description of correction or plan of correction and determine its adequacy. If the description of the correction or plan of correction is not adequate, the county superintendent of schools shall require the local educational agency to resubmit that portion of its response that is inadequate. (k) (1) Each county superintendent of schools shall certify to the Superintendent and the Controller, not later than May 15, that the county superintendent of schools’ staff has reviewed all audits of local educational agencies under the county superintendent of schools’ jurisdiction for the prior fiscal year, that all exceptions that the county superintendent was required to review were reviewed, and that all of those exceptions, except as otherwise noted in the certification, have been corrected by the local educational agency or that an acceptable plan of correction has been submitted to the county superintendent of schools. In addition, the county superintendent shall identify, by local educational agency, any attendance-related audit exception or exceptions involving state funds, and require the local educational agency to which the audit exceptions were directed to submit appropriate reporting forms for processing by the Superintendent. (2) For audit reports for the 2020–21 fiscal year, the deadline for certification referenced in paragraph (1) shall instead be filed no later than June 15, 2022. (l) In the audit of a local educational agency for a subsequent year, the auditor shall review the correction or plan or plans of correction submitted by the local educational agency to determine if the exceptions have been resolved. If an exception has not been resolved, the auditor shall immediately notify the appropriate county office of education and the department and restate the exception in the audit report. After receiving that notification, the department shall either consult with the local educational agency to resolve the exception or require the county superintendent of schools to follow up with the local educational agency. (m) (1) The Superintendent is responsible for ensuring that local educational agencies have either corrected or developed plans of correction for any one or more of the following: (A) All federal and state compliance audit exceptions identified in the audit. (B) Exceptions that the county superintendent of schools certifies as of May 15 have not been corrected. (C) Repeat audit exceptions that are not assigned to a county superintendent of schools to correct. (2) In addition, the Superintendent is responsible for ensuring that county superintendents of schools and each county board of education that serves as the governing board of a local educational agency either correct all audit exceptions identified in the audits of county superintendents of schools and of the local educational agencies for which the county boards of education serve as the governing boards or develop acceptable plans of correction for those exceptions. (3) The Superintendent shall report annually to the Controller on the Superintendent’s actions to ensure that school districts, county superintendents of schools, and each county board of education that serves as the governing board of a school district have either corrected or developed plans of correction for any of the exceptions noted pursuant to paragraph (1). (n) To facilitate correction of the exceptions identified by the audits issued pursuant to this section, the Controller shall require auditors to categorize audit exceptions in each audit report in a manner that will make it clear to both the county superintendent of schools and the Superintendent which exceptions they are responsible for ensuring the correction of by a local educational agency. In addition, the Controller annually shall select a sampling of county superintendents of schools, perform a followup of the audit resolution process of those county superintendents of schools, and report the results of that followup to the Superintendent and the county superintendents of schools that were reviewed. (o) County superintendents of schools shall adjust subsequent local property tax requirements to correct audit exceptions relating to local educational agency tax rates and tax revenues. (p) If a governing board or county superintendent of schools fails or is unable to make satisfactory arrangements for the audit pursuant to this section, the Controller shall make arrangements for the audit and the cost of the audit shall be paid from local educational agency funds or the county school service fund, as the case may be. (q) Audits of regional occupational centers and programs are subject to this section. (r) This section does not authorize examination of, or reports on, the curriculum used or provided for in any local educational agency. (s) Notwithstanding any other law, a nonauditing, management, or other consulting service to be provided to a local educational agency by a certified public accounting firm while the certified public accounting firm is performing an audit of the agency pursuant to this section shall be in accord with Government Accounting Standards, Amendment No. 3, as published by the United States General Accounting Office. (Amended by Stats. 2021, Ch. 252, Sec. 7. (AB 167) Effective September 23, 2021.)
  90. 41020.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    The county clerk must dispose of certain previously filed audit reports or return them to the respective superintendent of schools.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020.1. Reports of audits previously filed with the county clerk pursuant to Section 41020 shall be disposed of by the county clerk or returned to the respective superintendent of schools. (Added by Stats. 1985, Ch. 1239, Sec. 3.)
  91. 41020.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    If audited school district financial statements are late, the county superintendent or Controller’s office may take steps to get the audit finished and filed, including extensions or contracting for another audit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020.2. (a) If a school district governing board has entered into a contract for an independent audit of its financial statements in accordance with Section 41020 and the audited financial statements have not been filed with the county superintendent of schools on or before the due date established under Section 41020, the county superintendent of schools may investigate the causes for the delay and initiate one of the following actions that will provide the required audited financial statements in the most effective manner: (1) The county superintendent of schools may, after consultation with the school district governing board and the auditors under contract to the district, and with the consent of the Controller’s office and the Superintendent, grant an appropriate extension for the completion of the audit and the filing of the audited financial statements. An extension does not waive the legal deadline, but permits the filing of the report after the deadline. An extension shall be appropriate if the extension adheres to all of the following requirements: (A) An extension shall be the shortest amount of time reasonable given the extenuating circumstances justifying the extension. (B) Extensions shall be in increments of no longer than 45 calendar days. (C) Extensions shall not exceed a total of 90 calendar days from the due date established pursuant to Section 41020. (2) The county superintendent of schools may, after consultation with the school district governing board, the auditors under contract to the district, and the Controller’s office, contract with another qualified certified public accountant or public accountant to obtain the required audited financial statements and charge the cost of the audit to the funds of the district. The county superintendent of schools shall, to the extent feasible, assist the district in initiating action to avoid payment to the auditors under contract who did not complete the original audit. (3) The county superintendent of schools may request the Controller’s office to investigate the situation and initiate action as provided in subdivision (b). (b) If the audited financial statements required by Section 41020 have not been filed by a school district or county superintendent of schools with the Controller’s office on or before the due date established under Section 41020, the Controller’s office shall determine the most advantageous method of obtaining the required audited financial statements. The Controller’s office may do any of the following: (1) Accept the action of the county superintendent of schools permitted by subdivision (a). (2) Conduct the audit and prepare the auditor’s report, utilizing the staff available within that office and charge the cost of the audit to the next regular apportionment from the State School Fund to the district or county superintendent of schools. (3) Contract with any qualified certified public accountant or public accountant, utilizing the appropriate contracting procedures, for the conduct of the audit and preparation of the audited financial statements and charge the cost of the audit to the next regular apportionment from the State School Fund to the district or county superintendent of schools. (4) Grant a reasonable extension of the time for filing the report if, in the judgment of the Controller’s office, this will provide the required audited financial statements within the shortest time period. The extension of the time for filing does not waive the legal deadline, but permits the filing of the report after the deadline. The Controller’s office shall consult with the district governing board, the county superintendent of schools, and the auditors under contract to the district or county superintendent of schools before making the determination of the method to be used in obtaining the audited financial statements. The Controller’s office shall, to the extent feasible, assist the district or county superintendent in initiating action to avoid payment to the auditors under contract who did not complete the original audit. (c) Notwithstanding any extension granted under paragraph (1) of subdivision (a) or paragraph (4) of subdivision (b), the Controller’s office may determine at any time after the due date for filing of audit reports established by Section 41020 that the audited financial statements not yet filed with that office are delinquent and that the audit will be performed under paragraph (2) or (3) of subdivision (b). (Amended by Stats. 2025, Ch. 8, Sec. 17. (AB 121) Effective June 27, 2025.)
  92. 41020.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Each local educational agency’s governing body must review the prior year’s annual audit and related issues at a public meeting by January 31 each year, and put that review on the meeting agenda.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020.3. (a) By January 31 of each year, the governing body of each local educational agency shall review, at a public meeting, the annual audit of the local educational agency for the prior year, any audit exceptions identified in that audit, the recommendations or findings of any management letter issued by the auditor, and any description of correction or plans to correct any exceptions or management letter issue. This review shall be placed on the agenda of the meeting pursuant to Section 35145. (b) During the 2021–22 fiscal year, the annual audit for the 2020–21 fiscal year and its relevant components, as identified pursuant to subdivision (a), shall instead be reviewed by February 28, 2022. (Amended by Stats. 2021, Ch. 44, Sec. 19. (AB 130) Effective July 9, 2021.)
  93. 41020.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section lets the Controller or county superintendent notify the accountant and the Board, starts an appeal process, and can bar the accountant from audits if the determination becomes final.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020.5. (a) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Section 41020 were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as required by Section 14504, the Controller or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy. If the certified public accountant or public accountant does not file an appeal in writing with the California Board of Accountancy within 30 calendar days after receipt of the notification from the Controller or county superintendent of schools, the determination of the Controller or county superintendent of schools pursuant to this section shall be final. (b) If an appeal is filed with the California Board of Accountancy, the board shall complete an investigation of the appeal within 90 days of the filing date. On the basis of the investigation, the board may do either of the following: (1) Find that the determination of the Controller or county superintendent of schools should not be upheld and has no effect. (2) Schedule the appeal for a hearing, in which case, the final action on the appeal shall be completed by the board within one year from the date of filing the appeal. (c) If the determination of the Controller or county superintendent of schools under subdivision (a) becomes final, the certified public accountant or public accountant shall be ineligible to conduct audits under Section 41020 for a period of three years, or, in the event of an appeal, for any period, and subject to the conditions, that may be ordered by the California Board of Accountancy. Not later than the first day of March of each year, the Controller shall notify each school district and county office of education of those certified public accountants or public accountants determined to be ineligible under this section. School districts and county offices of education shall not use the audit services of a certified public accountant or public accountant ineligible under this section. (d) For the purposes of this section, “certified public accountant or public accountant” includes any person or firm entering into a contract to conduct an audit under Section 41020. (e) This section shall not preclude the California Board of Accountancy from taking any disciplinary action it deems appropriate under other provisions of law. (Amended by Stats. 2005, Ch. 22, Sec. 35. Effective January 1, 2006.)
  94. 41020.8.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    An auditor must provide certain school-district fiscal information on request, and the information must also be sent to the named district at the same time.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020.8. Notwithstanding any other provision of law, the auditor conducting the annual audit pursuant to Section 41020 shall, upon request, provide the county superintendent or the Superintendent of Public Instruction with fiscal information on a school district within his or her jurisdiction if the county superintendent of schools determines, pursuant to Section 42127.6, that a school district may not be able to meet its obligations of the current or subsequent fiscal year. Information provided by an auditor to a county superintendent or the Superintendent of Public Instruction pursuant to this section shall be submitted simultaneously to the named district and shall not constitute a violation of auditor-client confidentiality. (Added by Stats. 1993, Ch. 924, Sec. 6. Effective January 1, 1994.)
  95. 41020.9.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    This section sets temporary audit and filing deadlines for local educational agencies and related county officials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41020.9. (a) Notwithstanding Section 41020, for the 2019–20 fiscal year, a local educational agency shall provide for an audit by July 15, 2020, and if a local educational agency fails to provide for an audit by July 15, 2020, the county office of education having jurisdiction over the local educational agency shall provide for an audit of the local educational agency by July 31, 2020. (b) Notwithstanding subdivision (h) of Section 41020 or subdivision (m) of Section 47605, for audit reports for the 2019–20 fiscal year, a local educational agency shall file an annual audit report with the county superintendent of schools of the county in which the local educational agency is located, the Superintendent, the Controller, and, if applicable, to its chartering authority, by March 31, 2021, and notwithstanding subdivision (k) of Section 41020, the county superintendent of schools shall submit the required certification to the Superintendent and the Controller by July 15, 2021. (c) Notwithstanding subdivision (k) of Section 41020, for audit reports for the 2018–19 fiscal year, a county superintendent of schools shall submit the required certification to the Superintendent and the Controller by July 15, 2020. (d) Notwithstanding subdivision (d) of Section 41344, for audits certified by the Controller between March 1, 2020, and July 15, 2020, inclusive, a local educational agency may appeal a finding contained in a final audit report within 120 days of the date on which the local educational agency receives the final audit report resulting from an audit or review, or within 30 days of receiving a determination of a summary review pursuant to subdivision (e). (e) Notwithstanding subdivision (d) of Section 41344.1, for audits certified between March 1, 2020, and July 15, 2020, inclusive, a local educational agency may request a summary review within 90 days of the date on which the local educational agency receives the final audit report resulting from an audit or review. (Added by Stats. 2020, Ch. 24, Sec. 18. (SB 98) Effective June 29, 2020.)
  96. 41021.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    School district boards must require bonding for employees who handle district funds, may also require bonding for employees who handle district property, and must pay the bond premium from district funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41021. The governing board of every school district shall require each employee of the district, whose duty it is to handle funds of the district, and may, in its discretion, require employees of the district, whose duty it is to handle property of the district, to be bonded under a suitable bond indemnifying the district against loss. Such bond may be a name schedule bond, schedule position bond or blanket bond, and shall be in such amount and type as the board shall consider necessary and desirable. The boards shall pay from the funds of the district the cost of the premium necessary to provide the bond. (Enacted by Stats. 1976, Ch. 1010.)
  97. 41022.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    For certain school district elections to approve higher expenditures, the election must be conducted like a school district bond election, with a limited notice and specific ballot wording.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41022. Except as provided in this section, any election held for the purpose permitting a school district to exceed the expenditure of school district funds fixed by the Constitution or by the statutes of the state shall be called, held, and conducted as nearly as possible as are elections for the issuance of school district bonds. The notice of election shall contain only the following: (a) The time and place or places of holding the election. (b) The names of the officers appointed to conduct the election. (c) The hours during the day in which the polls will be open. (d) The amount by which it is proposed to increase the expenditures of the district during the school year. (e) The total amount of proposed expenditures of the district, including the proposed increase, for the school year. The ballots used at the election shall contain the following language: “Shall the total authorized expenditures of the district be increased from ____ (naming the sum) to ____ (naming the sum) for the school year ____ (naming the school year)?” The hours during which the polls at the election are open shall be fixed in accordance with Section 14212 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 28. Effective January 1, 1995.)
  98. 41023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Certain school-district-related agencies must follow the same financial and audit restrictions as school districts and county offices of education, and they must file an annual report to their participating districts and county superintendents on forms set by the Superintendent of Public Instruction.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41023. (a) Any agency organized pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the parties of which consist solely of school districts and county offices of education, shall be subject to the same restrictions as are applicable to school districts and county offices of education, under that chapter, including the preparation of budget and financial statements required by Article 1 (commencing with Section 42100) and this article; the certifications required by Article 3 (commencing with Section 42130) of Chapter 6 of Part 24; the accounting and auditing requirements prescribed by Article 1 (commencing with Section 42100) and this article; and the expenditure and appropriation controls prescribed by Chapter 9 (commencing with Section 42600) of Part 24. This section does not apply to joint powers agreements that are for the performance of the powers described in Section 17567. (b) Each agency described in subdivision (a) shall annually report to their participating school districts and county superintendents of schools on forms prescribed by the Superintendent of Public Instruction. (Amended by Stats. 2002, Ch. 1168, Sec. 10. Effective September 30, 2002.)
  99. 41024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    Local educational agencies receiving certain school facilities funds must annually report detailed expenditures and keep project records for audit purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Accounting Regulations, Budget Controls and Audits [41010 - 41024] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41024. (a) (1) Commencing April 1, 2017, a local educational agency that receives any funds pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1) shall annually report a detailed list of all expenditures of state funds, including interest, and of the local educational agency’s matching funds for completed projects until all state funds, including interest, all of the local educational agency’s matching funds, and savings achieved, including interest, pursuant to Section 17070.63, are expended in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998, associated regulations, and any accompanying grant agreement signed by a local educational agency. A local educational agency’s detailed list of expenditures shall identify expenditures on a project-by-project basis, reflect completed projects that were reimbursed within that fiscal year, and shall clearly indicate the list of projects that have been completed. (2) For purposes of this section, the determination that a project is complete shall be in accordance with the regulations adopted pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1). (3) The total amount of interest earned on the state funds shall be reported on the final expenditure report upon completion of a project. For the purposes of determining the total amount of interest earned on the state funds, interest shall be considered to accrue from the time state funds are deposited in the local educational agency’s account until the time the local educational agency submits the final expenditure report to the Office of Public School Construction. (4) Commencing April 1, 2017, a local educational agency participating in the school facilities program shall ensure that it retains all financial accounts, documents, and records necessary for an audit of completed projects pursuant to Section 16026 of Title 5 of the California Code of Regulations. For purposes of this paragraph and in compliance with any applicable state and federal standards, a local educational agency may maintain records electronically. (5) Any project identified on a local educational agency’s detailed list of expenditures pursuant to paragraph (1) that is reported complete during the 2017–18 fiscal year shall be audited in accordance with the audit guide required by Section 14502.1 for the 2018–19 fiscal year. All other completed projects shall be audited in accordance with the audit guide required by Section 14502.1 for the fiscal year in which the project is reported complete. (6) The audit described in this section shall be completed within one year of project completion as determined by Section 1859.104 of Title 2 of the California Code of Regulations. (b) (1) Commencing with audits of the 2018–19 fiscal year, the Controller shall include instructions in the audit guide required by Section 14502.1 that include, but are not necessarily limited to, procedures for determining all of the following: (A) Whether funds identified by a local educational agency on its detailed list of expenditures pursuant to paragraph (1) of subdivision (a) have been expended in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), associated regulations, and any accompanying grant agreement signed by a local educational agency. Any funds not expended in accordance with these requirements shall be disallowed and considered an audit finding. (B) That savings achieved, including interest, pursuant to Section 17070.63, are used for other high priority capital outlay purposes identified by the local educational agency or returned to the Office of Public School Construction, and are used in accordance with the requirements of the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), associated regulations, and as specified in any accompanying grant agreement. (C) Adjustments to the grant amounts received by a local educational agency for site acquisition costs based upon the local educational agency’s final approved expenditures as required pursuant to Sections 1859.105 and 1859.106 of Title 2 of the California Code of Regulations. (D) Adjustments to the grant amounts received by a local educational agency associated with the substantial progress requirements reflected in the program reporting requirements pursuant to Section 1859.104 of Title 2 of the California Code of Regulations. (2) Any amounts or adjustments identified pursuant to subparagraphs (C) and (D) of paragraph (1) shall be identified within a local educational agency’s audit, but shall not be considered an audit finding for purposes of this section. (c) (1) The auditor conducting the audit pursuant to this section shall file the audit with the Controller within 60 days of the completion of the audit. The Controller shall be allowed access to audit working papers. Adjustments pursuant to paragraph (2) of subdivision (b) shall not be appealable to the Education Audit Appeals Panel pursuant to this section. (2) Within 60 days of the receipt of the certified audit, and after determining that the audit conforms with the reporting standards contained in the audit guide, the Controller shall do both of the following: (A) Provide the department a copy of the certified audit. (B) Notify the Office of Public School Construction of any audit findings pursuant to this section and any amounts or adjustments identified pursuant to clause (iii) and provide the Office of Public School Construction with a copy of the certified audit identifying the amounts to be adjusted if, as a result of the audit conducted in accordance with the requirements of subdivisions (a) and (b), the auditor determines any of the following: (i) A local educational agency has unspent funds for the project not identified as savings pursuant to Section 17070.63 that shall be returned pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (b), and any accompanying grant agreement signed by a local educational agency. (ii) A local educational agency is subject to an increase or decrease in funds provided pursuant to subparagraphs (C) and (D) of paragraph (1) of subdivision (b), and any accompanying grant agreement signed by a local educational agency. (iii) A local educational agency did not expend funds in accordance with the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1) and any accompanying grant agreement signed by a local educational agency. (3) Upon receipt of the certified audit, the Office of Public School Construction shall present any grant adjustments required pursuant to clauses (i) and (ii) of subparagraph (B) of paragraph (2) for a specified project to the State Allocation Board for an adjustment to the project apportionment. Funds identified for purposes of clauses (i) and (ii) of subparagraph (B) of paragraph (2) shall be apportioned from, or returned to, the appropriate funds, as established in the State Treasury pursuant to Section 17070.40 or 17070.41, as applicable. If a school district is required to return unspent funds, the fund source for returned funds shall be the county school facilities fund established pursuant to subdivision (a) of Section 17070.43. (4) A local educational agency may appeal the audit finding pursuant to the timelines and process established in subdivision (d) of Section 41344. The procedures set out in subdivision (d) of Section 41344.1 do not apply to the audit required by this section. (5) The Office of Public School Construction shall ensure that the local educational agency has corrected the audit finding by implementing a required penalty payment of funds equal to the amount of funds disallowed in the audit finding pursuant to the process specified in subdivision (d). (d) (1) If, as the result of the audit, a local educational agency is required to pay funds pursuant to clause (iii) of subparagraph (B) of paragraph (2) of subdivision (c), the Office of Public School Construction shall recover the funds from the local educational agency. (2) If the local educational agency has submitted an appeal to the Education Audit Appeals Panel pursuant to subdivision (d) of Section 41344, the Office of Public School Construction shall not recover funds until following the determination of the appeal. (3) A local educational agency may use any local fund source to pay the disallowed amount pursuant to clause (iii) of subparagraph (B) of paragraph (2) of subdivision (c) so long as there is no legal prohibition regarding the use of those funds for this purpose. (4) A local educational agency may request from the Office of Public School Construction a repayment plan within 90 days of receiving the final audit report, or within 30 days of withdrawing or receiving a final determination regarding an appeal pursuant to subdivision (d) of Section 41344 and subdivision (b) of Section 41344.1, as applicable. The Office of Public School Construction and the Director of Finance, or their designees, jointly shall establish a plan for payment. The payment plan shall be established in accordance with the following: (A) If the executive officer of the Office of Public School Construction and the Director of Finance, in consultation with the department, concur that repayment of the disallowed amount in the current fiscal year would constitute a severe financial hardship for the local educational agency, they may jointly approve a plan of equal annual payments over a period of up to eight years. The plan may include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The executive officer of the Office of Public School Construction and the Director of Finance jointly shall establish this plan. At the time the local educational agency is notified, the Controller also shall be notified of the plan by the executive officer of the Office of Public School Construction. The Controller shall withhold the annual amount established pursuant to the plan from the local educational agency’s principal apportionment or Education Protection Account payments. (B) Notwithstanding subparagraph (A), if the executive officer of the Office of Public School Construction and the Director of Finance, in consultation with the department, concur that repayment of the disallowed amount over an eight-year period would require the local educational agency to request an emergency apportionment pursuant to Article 2 (commencing with Section 41320) of, and Article 2.5 (commencing with Section 41325) of, Chapter 3, they may approve a plan of equal annual payments over a period of up to 20 years. The plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Controller shall withhold the annual amount established pursuant to the plan from the local educational agency’s principal apportionment or Education Protection Account payments. (C) If a payment plan submitted pursuant to this section is not approved by the executive officer of the Office of Public School Construction and the Director of Finance, in consultation with the department, or is not requested by the local educational agency, the executive officer of the Office of Public School Construction shall invoice the local educational agency for the entire disallowed amount. If the local educational agency does not remit payment for the invoice within 120 days of issuance, the executive officer of the Office of Public School Construction shall request that the Controller withhold the entire disallowed amount from the local educational agency’s principal apportionment or Education Protection Account payments. (D) (i) Funds recovered by the executive officer of the Office of Public School Construction or withheld by the Controller pursuant to this section shall be deposited into the appropriate state school facilities fund, as established in the State Treasury pursuant to Section 17070.40 or 17070.41, as applicable. (ii) Funds remitted to the Office of Public School Construction by a local educational agency from local fund sources, as authorized by paragraph (3), shall be deposited into the appropriate state school facilities fund, as established in the State Treasury pursuant to Section 17070.40 or 17070.41, as applicable. (e) As used in this section, “audit or review” and “local educational agency” shall have the same meaning as the terms are defined in paragraphs (1) and (2) of subdivision (e) of Section 41344. (f) The State Allocation Board shall not waive all or any part of this section, any grant agreement or provisions of a grant agreement signed by a local educational agency that receives any funds pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1), or any regulation adopted that implements a provision of this section. (g) In any appeal filed pursuant to Section 41344 and this section, the Office of Public School Construction, the Department of Finance, and the department may timely move to intervene as a party. (h) If the Office of Public School Construction chooses not to intervene in an appeal, the administrative law judge conducting the hearing, or the Education Audit Appeals Panel, may request that the Office of Public School Construction issue and file in the appeal an objective interpretation of any applicable law, regulation, or term of the grant agreement within 30 days of the request or such longer period as the administrative law judge or the Education Audit Appeals Panel deems reasonable. The Office of Public School Construction’s filing shall not argue or seek to resolve issues of fact, but may state how a particular law, regulation, or grant agreement term applies to competing factual contentions. The agent of the Office of Public School Construction shall be precluded from acting as a party once a request pursuant to this subdivision is made. (i) Notwithstanding subdivision (a), this section shall not apply to any school facilities project that was apportioned before July 1, 2017. (Amended by Stats. 2023, Ch. 48, Sec. 20. (SB 114) Effective July 10, 2023.)
  100. 41030.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

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    A school district that receives bequests or gifts of money may invest surplus money not needed for its immediate necessities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41030. Any school district which receives bequests or gifts of money which is surplus money not required for the immediate necessities of the district may invest it pursuant to the provisions of this article. (Enacted by Stats. 1976, Ch. 1010.)
  101. 41031.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    Gift or bequest money invested under this article must be placed in a district special fund in the county treasury called the Foundation Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41031. Any gift or bequest of money which is to be invested pursuant to this article shall be placed in a district special fund in the county treasury, to be designated as a Foundation Fund. If the gift or bequest of money is required to be used for specific purposes according to the terms of the gift or bequest, the governing board shall place the money in a separate account in the Foundation Fund, and may by resolution designate the separate account by the name that it shall be known, including in its name the term “Foundation Account.” (Amended by Stats. 2002, Ch. 1168, Sec. 12. Effective September 30, 2002.)
  102. 41032.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    A school district governing board may accept gifts, donations, bequests, and devises for the district or its schools, set conditions on them, and in some cases reconvey donated land to the donor without consideration.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41032. (a) The governing board of any school district may accept on behalf of, and in the name of, the district, gifts, donations, bequests, and devises that are made to the district or to or for the benefit of any school or college administered by the district. The gifts, donations, bequests, and devises may be made subject to conditions or restrictions that the governing board may prescribe. (b) The money deposited in a separate account in the Foundation Fund shall be invested pursuant to this article or expended only for the purposes of the gift or bequest. (c) If a gift of land has been accepted by the governing board of a school district upon condition or agreement that it be devoted to school purposes of the district, whether that condition or agreement is written or oral and whether the terms thereof are recited or referred to in any instrument executed in connection with the conveyance of the gift, and the board subsequently determines that the land cannot feasibly be utilized for any school purpose of the district, the board may cause it to be reconveyed to the donor without consideration to the district; provided that failure to do so shall not affect the rights of any bona fide purchaser or encumbrancer of the land. (Amended by Stats. 2002, Ch. 1168, Sec. 13. Effective September 30, 2002.)
  103. 41033.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    A school district governing board that has placed funds in the Foundation Fund may invest those funds in specified securities and, in some cases, corporate securities, subject to the stated 50% limit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41033. The governing board of a school district which has placed funds in the Foundation Fund is hereby authorized to invest all or any part of those funds as it deems wise and expedient as follows: (a) In the securities, warrants, or instruments of indebtedness specified by Section 53601 of the Government Code. (b) In corporate securities other than corporate shares, provided that the amount of investment under this subdivision shall not exceed 50 percent of the amount invested under subdivision (a). Any security, warrant, or instrument of indebtedness purchased pursuant to this section may be sold and the proceeds reinvested in similar securities, warrants, or instruments, or placed in the Foundation Fund. (Amended by Stats. 2002, Ch. 1168, Sec. 14. Effective September 30, 2002.)
  104. 41034.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    A school district governing board may deposit certain securities, warrants, or instruments for safekeeping.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41034. The governing board of a school district may deposit such securities, warrants, or instruments purchased under Section 41033 for safekeeping pursuant to Section 41016. (Enacted by Stats. 1976, Ch. 1010.)
  105. 41035.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    A school district board that invests Foundation Fund money must appoint an advisory committee with the same number of members as the board.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41035. The governing board of a school district that invests money of the Foundation Fund pursuant to this article shall appoint an advisory committee equal in number to the number of members of the governing board. The committee shall be composed of qualified electors of the district and may include members of the governing board. Members of the committee shall serve without compensation. (Amended by Stats. 2002, Ch. 1168, Sec. 15. Effective September 30, 2002.)
  106. 41036.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    The advisory committee must advise the governing board about investments made under this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41036. The advisory committee shall advise the governing board as to the investments to be made pursuant to this article. (Enacted by Stats. 1976, Ch. 1010.)
  107. 41037.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    The governing board must adopt rules and regulations to carry out this article, as long as they are consistent with law.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41037. The governing board shall adopt rules and regulations to effectuate the purposes of this article, not inconsistent with law. (Enacted by Stats. 1976, Ch. 1010.)
  108. 41038.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. )

    Verify source ↗

    Unless this article says otherwise, the rest of the chapter applies to money placed in the Foundation Fund under this article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Foundation Fund [41030 - 41038] ( Heading of Article 3 amended by Stats. 2002, Ch. 1168, Sec. 11. ) ## 41038. Except as may be otherwise provided in this article, other provisions of this chapter shall be applicable to the money placed in the Foundation Fund pursuant to this article. (Amended by Stats. 2002, Ch. 1168, Sec. 16. Effective September 30, 2002.)
  109. 41050.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For this section, “County” or “counties” also means a city and county.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41050. “County” or “counties” includes a city and county as specified in Section 92. (Enacted by Stats. 1976, Ch. 1010.)
  110. 41052.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district gets replacement revenue from the state when its assessed valuation is reduced because of Section 992.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41052. Whenever the assessed valuation of a school district is reduced as a result of the operation of Section 992 of the Revenue and Taxation Code, the school district shall receive replacement revenue from the state for the loss of revenue to the district. A school district shall be eligible for replacement revenue when the assessed valuation exempted as the result of the operation of Section 992 of the Revenue and Taxation Code is 30 percent or more of the district’s assessed valuation in the 1970–1971 fiscal year. A school district shall be ineligible for replacement revenue when its assessed valuation has increased 250 percent or more over the 1970–1971 fiscal year assessed valuation. (Enacted by Stats. 1976, Ch. 1010.)
  111. 41053.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In apportionment contexts in this division, “adults” means people 21 or older and “minors” means people under 21.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41053. Where a reference is made to “adults” in this division in the context of apportionments to school districts or county superintendents of schools, the reference shall be deemed to refer to persons 21 years of age or over notwithstanding any other provision of law. Where a reference is made to “minors” in this division in the context of apportionments to school districts or county superintendents of schools, the reference shall be deemed to refer to persons under 21 years of age, notwithstanding Section 6500 of the Family Code or any other provision of law. (Amended by Stats. 1994, Ch. 1269, Sec. 6.5. Effective January 1, 1995.)
  112. 41060.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section says state funds replaced local school district property tax authority after Proposition 13, and those replaced local tax revenues should still count as local effort for certain federal grants.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 1. State Financial Management and Control [41000 - 41060] ( Chapter 1 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Miscellaneous Provisions [41050 - 41060] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41060. (a) The enactment of Article XIII A of the California Constitution by the voters of California at the June 6, 1978, primary election severely reduced the property taxing authority of local school districts. The California Legislature has replaced that local property taxing authority with state revenues derived from state taxing authority. It is the intent of the Legislature that local property tax revenues replaced by state funds are to continue to be considered local effort for purposes of federal grants pursuant to Public Law 81-874. (b) For purposes of computing federal grants pursuant to Public Law 81-874 which requires a local tax effort or maintenance of effort, the fiscal year 1977–78 shall be used as a base year. The percentage of local effort for fiscal year 1977–78 shall be calculated as follows: (1) The total amount of state and local funds earned by school districts, as determined by Article 2 (commencing with Section 42230) of Chapter 7 of Part 24 as it read prior to repeal by Chapter 282 of the Statutes of 1979 shall be divided into the amount of local tax receipts including tax relief subventions. (2) The resultant percentage shall be used as the percent of local effort or contribution. (Added by Stats. 1980, Ch. 1354, Sec. 37.45. Effective September 30, 1980.)
  113. 41300.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Starting July 1, 1980, money transferred to Section A of the State School Fund under Section 14002(a) must be spent on specified school support purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41300. Commencing with July 1, 1980, the amount transferred to Section A of the State School Fund pursuant to subdivision (a) of Section 14002 shall be expended for basic aid, equalization aid, allowances for adults, and allowances to the county school tuition funds to be apportioned on account of average daily attendance. (Amended by Stats. 1979, Ch. 282.)
  114. 41300.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Money transferred to the State School Fund and school districts must be used for instructional improvement and accountability, kept separate, and not used to replace other funds.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41300.1. Instructional Improvement and Accountability. The amount transferred to Section A of the State School Fund pursuant to Section 8.5 of Article XVI of the State Constitution shall to the maximum extent feasible be expended or encumbered during the fiscal year received and solely for the purpose of instructional improvement and accountability. (a) For the purpose of this section, “instructional improvement and accountability” shall mean expenditures for instructional activities for school sites which directly benefit the instruction of students, and shall be limited to expenditures for the following: (1) Lower pupil-teacher ratios until a ratio is attained of not more than 20 students per teacher providing direct instruction in any class, and until a goal is attained of total teacher loads of less than 100 total students per teacher in all secondary school classes in academic subjects as defined by the Superintendent of Public Instruction. (2) Instructional supplies, instructional equipment, instructional materials and support services necessary to improve school conditions. (3) Direct student services needed to ensure that each student makes academic progress necessary to be promoted to the next appropriate grade level. (4) Staff development which improves services to students or increases the quality and effectiveness of instructional staff, designed and implemented by classroom teachers and other participating school district personnel, including the school principal, with the aid of outside personnel as necessary. Classroom teachers shall comprise the majority of any group designated to design such staff development programs for instructional personnel. (5) Compensation of teachers. (b) Funds transferred to each school district, pursuant to this section shall be deposited in a separate account and shall be maintained and appropriated separately from funds from all other sources. Funds appropriated pursuant to this section shall supplement other resources of each school district and shall not supplant any other funds. (Added November 8, 1988, by initiative Proposition 98, Sec. 9.)
  115. 41301.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Section 41301 sets how money transferred to Section A of the State School Fund must be spent and gives per-ADA amounts for several school-funding uses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41301. The amount transferred to Section A of the State School Fund pursuant to Section 14002 and Section 14004 shall be expended in accordance with the following schedule: (a) Twenty-six dollars and ninety-five cents ($26.95) multiplied by the total average daily attendance credited during the preceding school year to elementary school districts which during the preceding school year had less than 901 units of average daily attendance, to high school districts which during the preceding school year had less than 301 units of average daily attendance, and to unified districts which during the preceding school year had less than 1,501 units of average daily attendance, but not to exceed an amount equal to ninety-nine cents ($0.99) multiplied by the average daily attendance credited during the preceding fiscal year to all elementary, high, and unified school districts and to all county superintendents of schools in the state, for allowance to county school service funds pursuant to subdivision (a) of Section 14054. Commencing with the 1980–81 fiscal year, the amounts in this subdivision shall be increased annually by the same percentage prescribed by Section 14002.5. (b) Fourteen dollars and thirty-five cents ($14.35) multiplied by the total average daily attendance credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, during the preceding school year for the purposes of Article 10 (commencing with Section 41850) of Chapter 5 of this part. (c) Thirty-eight dollars and thirty cents ($38.30) multiplied by the total average daily attendance credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state, during the preceding school year, for the purposes of Article 3 (commencing with Section 56030) of Chapter 1, Chapter 3 (commencing with Section 56500), Chapter 5 (commencing with Section 56700) of Part 30 of Division 4 of this title, and Sections 41863, 41866, 41892, and 41897. (d) Four dollars and fifty cents ($4.50) multiplied by the total average daily attendance credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state during the preceding school year for allowances to county school service funds pursuant to subdivision (b) of Section 14054. Commencing with the 1980–81 fiscal year, the amount in this subdivision shall be increased by the same percentage allowed in Section 14002.5. (e) Three dollars and sixty-nine cents ($3.69) multiplied by the average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state for allowances to school districts for the purposes of Section 52205. The amount in this subdivision shall be annually increased by the percentage specified in subdivision (e) of Section 14002. (f) One thousand three hundred sixty-four dollars and seventy-one cents ($1,364.71) multiplied by the average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state during the preceding school year for basic aid, equalization aid, allowances for adults, and allowances to the county school tuition funds to be apportioned on account of average daily attendance. The amount expended pursuant to this subdivision shall be annually revised to reflect the adjustment prescribed by subdivision (e) of Section 14002. (g) Twenty dollars and seventy cents ($20.70) multiplied by the average daily attendance during the preceding school year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state for purposes of Chapter 4 (commencing with Section 56600) of Part 30 of Division 4 of this title. (h) Ninety cents ($0.90) multiplied by the average daily attendance during the preceding fiscal year credited to all elementary, high, and unified school districts and to all county superintendents of schools in the state for purposes of Article 8 (commencing with Section 8150) of Chapter 1 of Part 6. (Amended by Stats. 1980, Ch. 1354, Sec. 37.46. Effective September 30, 1980.)
  116. 41302.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For the specified constitutional purposes, “school districts” includes county boards of education, county superintendents of schools, and certain state-provided instructional services.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41302.5. For the purposes of Section 8 and Section 8.5 of Article XVI of the California Constitution, “school districts” shall include county boards of education, county superintendents of schools, and direct elementary and secondary level instructional services provided by the state, including the Diagnostic Schools for Neurologically Handicapped Children as established pursuant to Article 1 (commencing with Section 59200) of Chapter 3 of Part 32. (Amended by Stats. 1992, Ch. 703, Sec. 5. Effective September 15, 1992. Note: This section was added on Nov. 8, 1988, by initiative Prop. 98.)
  117. 41303.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent must report annual average daily attendance information to the Controller by October 20 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41303. The Superintendent shall report to the Controller, on or before the 20th day of October of each year, the total average daily attendance during the preceding fiscal year credited to all kindergarten, including average daily attendance for transitional kindergarten, elementary, high school, and adult schools in the state and to county school tuition funds. (Amended by Stats. 2013, Ch. 47, Sec. 23. (AB 97) Effective July 1, 2013.)
  118. 41304.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section authorizes annual appropriations and reimbursement payments for driver education-related costs, subject to stated limits and conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41304. (a) There is appropriated annually from the Driver Training Penalty Assessment Fund to the General Fund in the State Treasury and from the General Fund to the California Energy Extension Service of the Office of Planning and Research a sum as necessary to establish and maintain a unit for driver instruction within the State Department of Education as set forth in Section 41904. (b) In addition, subject to Section 41305, there shall be appropriated from the Driver Training Penalty Assessment Fund to the General Fund, then to the State School Fund each fiscal year, the sum the Superintendent of Public Instruction certifies as necessary to reimburse on a quarterly basis for each current fiscal year school districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for the actual cost of instructing pupils in the operation of motor vehicles. The amount shall not exceed ninety-seven dollars ($97) per pupil instructed in the laboratory phase of driver education in accordance with the rules and regulations of the State Board of Education. (c) Subject to Section 41305, there shall also be appropriated from the Driver Training Penalty Assessment Fund the sum the Superintendent of Public Instruction shall certify as necessary to reimburse on a quarterly basis for each current fiscal year school districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for the actual cost of replacing vehicles and simulators used exclusively in the laboratory phase of driver education programs, but the amount shall not exceed three-fourths of that part of the actual cost of instructing pupils in the laboratory phase of driver education which is: (1) in excess of ninety-seven dollars ($97) per pupil instructed, and (2) expended by the district, the county superintendent of schools, the Department of the Youth Authority, and the State Department of Education in replacing the vehicles and simulators. Reimbursement for vehicles shall be computed for only that portion of the total mileage used exclusively in the laboratory phase of driver education programs. (d) In addition, subject to Section 41305, there shall be provided from the Petroleum Violation Escrow Account to the General Fund, then to the State School Fund each fiscal year the sum the Superintendent of Public Instruction certifies as necessary to reimburse on a quarterly basis for each current fiscal year school districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for the costs of fitting automobile driver training vehicles with the instrumentation required under Section 51854 and to reimburse on a quarterly basis for each current fiscal year school districts for the costs of transferring instrumentation providing instructional information on fuel consumption and vehicle fuel efficiency from one automobile driver training vehicle to another under Section 51854. (e) In addition, subject to Section 41305, there shall be appropriated from the Petroleum Violation Escrow Account to the Driver Training Penalty Assessment Fund and from the Driver Training Penalty Assessment Fund to the General Fund, then to the Superintendent of Public Instruction each fiscal year the sum the Superintendent of Public Instruction certifies as necessary to reimburse on a quarterly basis for each current fiscal year the State Department of Education for the costs of workshops conducted by the department under Section 51854. (f) For purposes of computing reimbursement, whenever a school district, a county superintendent of schools, the Department of the Youth Authority, or the State Department of Education replaces a driver training vehicle or simulator purchased by the district with a vehicle or simulator that is a gift or loan, the purchase price of the new or acquired equipment shall be deemed to be the market value of the vehicle or simulator acquired through a gift or loan. A simulator is any device approved by the State Department of Education to be used in classrooms for purposes of laboratory instruction under simulated driving conditions. (Amended by Stats. 1989, Ch. 924, Sec. 1. Operative July 1, 1990, by Sec. 6 of Ch. 924.)
  119. 41305.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Section 41305 limits funding under Section 41304 to amounts appropriated in the annual Budget Act and also caps it at a formula tied to Driver Training Penalty Assessment Fund credits and excess deposits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41305. The amounts provided under Section 41304 for any fiscal year shall be limited to the amounts appropriated in the annual Budget Act for the purposes of that section, and shall not exceed an amount equal to the sum of the moneys credited to the Driver Training Penalty Assessment Fund in the State Treasury during the preceding fiscal year and the amount by which the deposits in the Driver Training Penalty Assessment Fund on or after September 15, 1961, have exceeded the amounts required to reimburse the General Fund on account of transfers made after that date. (Amended by Stats. 1994, Ch. 146, Sec. 28. Effective January 1, 1995.)
  120. 41306.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must allow up to $290 per school district or county superintendent of schools for certain driver training instruction, unless other reimbursement is sufficient to cover the full cost.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41306. The Superintendent of Public Instruction shall also allow as otherwise provided in Section 41304 for the driver training instruction necessary to be safely tested for a driver’s license at the Department of Motor Vehicles, those physically handicapped pupils, pupils with intellectual disabilities who come within the provisions of former Section 56501, as amended by Chapter 1247 of the Statutes of 1977, and educationally handicapped pupils who are in attendance in a public secondary school in California that offers qualified instruction, and who may qualify for a driver’s license, or other license, issued by the Department of Motor Vehicles, a total allowance not to exceed two hundred ninety dollars ($290) including the reimbursement provisions set forth in Section 41900 to each school district and county superintendent of schools. All driver training for pupils herein described shall be provided by qualified teachers, as defined by Sections 41906 and 41907. This section may not be applied if reimbursement allowable under Sections 41900 to 41912, inclusive, is sufficient to meet the total cost of instruction as herein described. It is the intent of the Legislature that driver training instruction be provided to pupils as a part of the high school curriculum, and the Legislature finds and declares that exceptional children are entitled to the benefit of that instruction so far as their individual capabilities permit, understanding that those pupils herein described often require individualized and amplified driver training instruction in order to succeed in becoming safe operators of motor vehicles. Since without a means of self-transportation much of the overall program of education and rehabilitation provided for by the Legislature would be of little avail to the person without the mobility required to become a productive and well-adjusted member of society, the Legislature further declares that it is incumbent upon the state to share in the cost of providing a most needed and desirable program of driver training instruction for these exceptional children. (Amended by Stats. 2012, Ch. 457, Sec. 10. (SB 1381) Effective January 1, 2013.)
  121. 41307.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Each fiscal year, the Superintendent of Public Instruction must certify the amount needed for certain school-district allowances, and that amount is appropriated from the Investment Fund in the State Treasury and transferred to the State School Fund.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41307. In addition there shall be provided such amount as the Superintendent of Public Instruction shall certify as necessary to provide the allowances to school districts during each fiscal year under the provisions of Sections 41932 to 41936, inclusive. Such amount is hereby appropriated from the Investment Fund in the State Treasury and shall be transferred therefrom to the State School Fund by the State Controller each fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  122. 41308.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A pregnant pupil in a county-supervised program for physically handicapped pupils must be allowed to enroll in driver training at the school district of residence, and the district may receive only the Section 41900 allowance for that instruction, not the Section 41306 allowance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41308. Each pregnant pupil enrolled in any program for physically handicapped pupils maintained by a county superintendent of schools, whose only condition for being enrolled in such a program is her pregnancy, shall be allowed to enroll in automobile driver training provided by the school district of residence; however, the school district shall receive, for the driver training instruction of the pupil, only the driver training allowances authorized by Section 41900 and shall not receive, for the driver training instruction of the pupil, driver training allowances authorized by Section 41306. (Enacted by Stats. 1976, Ch. 1010.)
  123. 41311.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Child Nutrition Program is intended to provide permanent financial assistance for school meal program implementation, and that assistance is to reimburse cafeteria accounts based on qualifying meals served.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance [41300 - 41311] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41311. It is the intent of the Legislature that the Child Nutrition Program shall provide permanent financial assistance to eligible school districts, county superintendents of schools, local agencies, private schools, parochial schools, and child development programs, for implementing the school meal program. That financial assistance shall be used to reimburse the cafeteria account of school districts, county superintendents of schools, local agencies, private schools, parochial schools, and child development programs, based upon the number of qualifying meals served to students. (Amended by Stats. 1985, Ch. 1546, Sec. 1.)
  124. 41320.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district seeking an emergency apportionment must submit required financial reports and plans, and several officials must review, comment on, certify, and forward documents before the loan process can proceed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41320. As a condition to any emergency apportionment to be made pursuant to Section 41320.2, the following requirements shall be met: (a) The school district requesting the apportionment shall submit to the county superintendent of schools having jurisdiction over the school district a report issued by an independent auditor approved by the county superintendent of schools on the financial conditions and budgetary controls of the school district, a written management review conducted by a qualified management consultant approved by the county superintendent of schools, and a fiscal plan adopted by the governing board to resolve the financial problems of the school district. (b) The county superintendent of schools shall review, and provide written comment on, the independent auditor’s report, the management review, and the school district plan. That written comment shall include the county superintendent’s approval or disapproval of the school district plan. In the event the county superintendent disapproves the plan, the governing board shall revise the school district plan to respond to the concerns expressed by the county superintendent. (c) Upon his or her approval of the school district plan, the county superintendent of schools shall submit copies of the report, review, plan, and written comments specified in subdivision (b) to the Superintendent, the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Director of Finance, the president of the state board or his or her designee, and the Controller. (d) The school district receiving the apportionment shall be eligible for assistance from the California Collaborative for Educational Excellence pursuant to Section 52074. (e) The county superintendent of schools, with the concurrence of the Superintendent, shall certify to the Director of Finance that the action taken to correct the financial problems of the school district is realistic and will result in placing the school district on a sound financial basis. (f) The school district shall develop a schedule to repay the emergency loan, including any lease financing pursuant to Article 2.7 (commencing with Section 41329.50), and submit it to the county superintendent of schools. The county superintendent of schools shall review and comment on the repayment schedule and submit it to the Superintendent for approval or disapproval. Upon the approval of the repayment schedule, and of the other reports, reviews, plans, and the appointment of the trustee required by this article, the Superintendent shall request the Controller to disburse the proceeds of the emergency loan to the school district. (g) The school district requesting the apportionment shall reimburse the county superintendent of schools for the costs incurred by the superintendent pursuant to this section. (Amended by Stats. 2018, Ch. 426, Sec. 6. (AB 1840) Effective September 17, 2018.)
  125. 41320.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district accepts certain apportionments, it agrees to trustee oversight and related fiscal controls, reporting, audits, and repayment-related conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41320.1. Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following conditions: (a) The county superintendent of schools, the Superintendent, and the president of the state board or his or her designee shall, by majority vote, appoint a trustee from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (b) who has recognized expertise in management and finance and may employ, on a short-term basis, staff necessary to assist the trustee, including, but not limited to, certified public accountants, as follows: (1) The expenses incurred by the trustee and necessary staff shall be borne by the school district. (2) The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, shall establish the terms and conditions of the employment, including the remuneration of the trustee. The trustee shall report directly to the county superintendent of schools. The county superintendent of schools shall provide regular updates to the Superintendent and the president of the state board or his or her designee regarding the work of the trustee. (3) The trustee, and necessary staff, shall serve until the school district has adequate fiscal systems and controls in place, the Superintendent has determined that the school district’s future compliance with the fiscal plan approved for the school district pursuant to Section 41320 is probable, and the county superintendent of schools, the Superintendent, and the president of the state board or his or her designee decide to terminate the trustee’s appointment, but in no event for less than three years. The county superintendent of schools shall notify the Legislature, the Department of Finance, and the Controller no less than 60 days before the time that the county superintendent of schools expects these conditions to be met. (4) Before the school district repays the loan, including interest, the recipient of the loan shall select an auditor from a list established by the Superintendent and the Controller to conduct an audit of its fiscal systems. If the fiscal systems are deemed to be inadequate, the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, may retain the trustee until the deficiencies are corrected. The cost of this audit and any additional cost of the trustee shall be borne by the school district. (5) Notwithstanding any other law, all reports submitted to the trustee are public records. (6) To facilitate the appointment of the trustee and the employment of necessary staff, this section is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (7) If the trustee appointed pursuant to this section is an employee of the department, the salary and benefits of that employee shall be established by the Superintendent and paid by the school district. During the time of appointment, the employee is an employee of the school district, but shall remain in the same retirement system under the same plan as if the employee had remained in the department. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the department. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the department. (b) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for trustee, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to meaningfully engage with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for trustee. (c) (1) The trustee appointed pursuant to this section shall monitor and review the operation of the school district. During the period of his or her service, the trustee may stay or rescind an action of the governing board of the school district that, in the judgment of the trustee, may affect the financial condition of the school district. (2) After the trustee’s period of service, and until the loan is repaid, the county superintendent of schools that has jurisdiction over the school district may stay or rescind an action of the governing board of the school district that, in his or her judgment, may affect the financial condition of the school district. The county superintendent of schools shall notify the Superintendent and the president of the state board or his or her designee, within five business days, if he or she stays or rescinds an action of the governing board of the school district. The notice shall include, but not be limited to, both of the following: (A) A description of the governing board of the school district’s intended action and its financial implications. (B) The rationale and findings that support the county superintendent of school’s decision to stay or rescind the action of the governing board of the school district. (3) If the county superintendent of schools notifies the Superintendent and the president of the state board or his or her designee pursuant to paragraph (2), the county superintendent of schools shall report to the Legislature, pursuant to Section 9795 of the Government Code, on or before December 30 of every year, whether the school district is complying with the fiscal plan approved for the school district. (4) The county superintendent of schools, with concurrence from the Superintendent, may establish timelines and prescribe formats for reports and other materials to be used by the trustee to monitor and review the operations of the school district. The trustee shall approve or reject all reports and other materials required from the school district as a condition of receiving the apportionment. The Superintendent, upon the recommendation of the trustee, may reduce an apportionment to the school district in an amount up to two hundred dollars ($200) per day for each late or unacceptable report or other material required under this part, and shall report to the Legislature a failure of the school district to comply with the requirements of this section. If the county superintendent of schools determines, at any time, that the fiscal plan approved for the school district under Section 41320 is unsatisfactory, he or she may modify the plan as necessary, with concurrence from the Superintendent, and the school district shall comply with the plan as modified. (d) At the request of the county superintendent of schools, with approval from the Superintendent, the Controller shall transfer to the department, from an apportionment to which the school district would otherwise have been entitled pursuant to Section 42238.02, as implemented by Section 42238.03, the amount necessary to pay the expenses incurred by the trustee and associated costs incurred by the county superintendent of schools. (e) For the fiscal year in which the apportionments are disbursed and every year thereafter, the Controller, or an auditor that is designated by the Controller as both active and able to perform K–12 local education agency audits, shall cause an audit to be conducted of the books and accounts of the school district, in lieu of the audit required by Section 41020. At the Controller’s discretion, the audit may be conducted by the Controller, his or her designee, an auditor that is designated by the Controller as both active and able to perform K–12 local education agency audits, or an auditor selected by the school district and approved by the Controller. The costs of these audits shall be borne by the school district. These audits shall be required until the Controller determines, in consultation with the county superintendent of schools and the Superintendent, that the school district is financially solvent, but in no event earlier than one year following the implementation of the plan or later than the time the apportionment made is repaid, including interest. The auditor selected pursuant to this subdivision, if any, the county superintendent of schools, a County Office Fiscal Crisis and Management Assistance Team representative, the Superintendent, and the school district superintendent, or their respective designees, shall meet before the audit to discuss the terms of the audit and the timeline under which it will proceed. In addition, the Controller shall conduct quality control reviews pursuant to subdivision (c) of Section 14504.2. (f) For purposes of errors and omissions liability insurance policies, the trustee appointed pursuant to this section is an employee of the local educational agency to which he or she is assigned. For purposes of workers’ compensation benefits, the trustee is an employee of the local educational agency to which he or she is assigned, except that a trustee appointed pursuant to paragraph (7) of subdivision (a) is an employee of the department for those purposes. (g) Except for an individual appointed by the vote pursuant to subdivision (a) as a trustee described in paragraph (7) of subdivision (a), the trustee appointed pursuant to this section is a member of the State Teachers’ Retirement System, if qualified, for the period of service as trustee, unless the trustee elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the trustee chooses to become a member or is already a member, the trustee shall be placed on the payroll of the school district for the purpose of providing appropriate contributions to the system. The Superintendent may also require that an individual appointed as a trustee described in paragraph (7) of subdivision (a) be placed on the payroll of the school district for purposes of remuneration, other benefits, and payroll deductions. For purposes of workers’ compensation benefits, the state-appointed trustee is deemed an employee of the local educational agency to which he or she is assigned, except that a trustee who is described in paragraph (7) of subdivision (a) is an employee of the department for those purposes. (Amended by Stats. 2018, Ch. 426, Sec. 7. (AB 1840) Effective September 17, 2018.)
  126. 41320.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A school district board may request an emergency apportionment from the Superintendent of Public Instruction if its revenues are less than what is needed for current-year obligations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41320.2. (a) The governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year expenditure obligations may request an emergency apportionment through the Superintendent of Public Instruction subject to the requirements and repayment provisions of this article and Article 2.7 (commencing with Section 41329.50). (b) It is not the intent of the Legislature that this section authorize emergency loans to school districts for the purpose of meeting cashflow requirements pending the receipt of local taxes and other funds. (c) It is the intent of the Legislature that emergency apportionments, as described in this section, not occur, unless funds have been specifically appropriated therefor by the Legislature. (Amended by Stats. 2004, Ch. 263, Sec. 3. Effective August 23, 2004.)
  127. 41321.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    After an emergency apportionment, the school district’s governing board must prepare an annual financial-condition report by October 31 until the apportionment and interest are repaid, submit it to the trustee, and send copies to specified officials after trustee approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41321. (a) On or before October 31 of the year following receipt of an emergency apportionment, and each year thereafter, until the emergency apportionment, including interest, is repaid, the governing board of the school district shall prepare a report on the financial condition of the school district. The report shall include, but not necessarily be limited to, all of the following information: (1) Specific actions taken to reduce expenditures or increase income, and the cost savings and increased income resulting from those actions. (2) A copy of the adopted budget for the current fiscal year. (3) Reserves for economic uncertainties. (4) Status of employee contracts. (5) Obstacles to the implementation of the adopted recovery plan. (b) The school district shall submit the report to the trustee for review. Upon the trustee’s approval of the report, the school district shall transmit copies to the county superintendent of schools, the Superintendent, the president of the state board or his or her designee, and the Controller. (Amended by Stats. 2018, Ch. 426, Sec. 8. (AB 1840) Effective September 17, 2018.)
  128. 41322.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

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    A trustee or administrator appointed over a school district may act on the school district’s personnel commission, and an administrator must suspend its actions in the stated case.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Emergency Apportionments [41320 - 41322] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 41322. (a) If a trustee has been appointed over a school district pursuant to Section 41320.1, the trustee may stay or rescind the actions of the personnel commission of the school district if a personnel commission exists. (b) If an administrator has been appointed over a school district pursuant to Section 41326, the administrator shall suspend the actions of the personnel commission of the school district if a personnel commission exists. (Added by Stats. 1993, Ch. 924, Sec. 7. Effective January 1, 1994.)
  129. 41325.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

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    When a school district becomes insolvent and needs an emergency apportionment, the county superintendent of schools assumes control under the Superintendent’s supervision, and an appointed administrator must carry out specified fiscal recovery steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41325. (a) The Legislature finds and declares that when a school district becomes insolvent and requires an emergency apportionment from the state in the amount designated in this article, it is necessary that the county superintendent of schools, under the supervision of the Superintendent, assume control of the school district in order to ensure the school district’s return to fiscal solvency. (b) It is the intent of the Legislature that an administrator, appointed pursuant to Section 41326, do all of the following: (1) Implement substantial changes in the school district’s fiscal policies and practices, including, if necessary, the filing of a petition under Chapter 9 of the federal Bankruptcy Code for the adjustment of indebtedness. (2) Revise the school district’s educational program to reflect realistic income projections, in response to the dramatic effect of the changes in fiscal policies and practices upon educational program quality and the potential for the success of all pupils. (3) Encourage all members of the school community to accept a fair share of the burden of the school district’s fiscal recovery. (4) Consult, for the purposes described in this subdivision, with the school district governing board, the exclusive representatives of the employees of the school district, parents, and the community. (5) Consult with and seek recommendations from the county superintendent of schools and the Superintendent for the purposes described in this subdivision. (c) For purposes of this article, the county superintendent of schools, the Superintendent, and the president of the state board or his or her designee may also appoint a trustee with the powers and responsibilities of an administrator, as set forth in this article. (Amended by Stats. 2018, Ch. 426, Sec. 9. (AB 1840) Effective September 17, 2018.)
  130. 41326.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

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    If a school district accepts a large emergency apportionment, it must follow the article’s recovery and oversight conditions, and the county superintendent takes control of the district’s legal powers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41326. (a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an amount equal to 200 percent of the amount of the reserve recommended for that school district under the standards and criteria adopted pursuant to Section 33127 constitutes the agreement by the school district to the conditions set forth in this article. Before applying for an emergency apportionment in the amount identified in this subdivision, the governing board of a school district shall discuss the need for that apportionment at a regular or special meeting of the governing board of the school district and, at that meeting, shall receive testimony regarding the apportionment from parents, exclusive representatives of employees of the school district, and other members of the community. For purposes of this article, “qualifying school district” means a school district that accepts a loan as described in this subdivision. (b) The county superintendent of schools shall assume all the legal rights, duties, and powers of the governing board of a qualifying school district. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, shall appoint an administrator from a pool of candidates identified and vetted by the County Office Fiscal Crisis and Management Assistance Team pursuant to subdivision (c) to exercise the authority described in this subdivision in accordance with all of the following: (1) The administrator shall serve under the direction and supervision of the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, until terminated by the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, at their discretion. (2) The administrator shall have recognized expertise in management and finance. (3) To facilitate the appointment of the administrator and the employment of necessary staff, this section is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (4) Notwithstanding any other law, if an employee of the state or the office of the county superintendent of schools is appointed to act as administrator pursuant to this section, the administrator, if he or she is an employee of the state or the office of the county superintendent of schools, is an employee of the qualifying school district during the tenure of his or her appointment, but shall remain in the same retirement system under the same plan that has been provided by his or her employment with the state or the office of the county superintendent of schools. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state or the office of the county superintendent of schools. The time served in the appointment shall be counted for all purposes as if the administrator had served that time in his or her former position with the state or the office of the county superintendent of schools. (5) Except for an individual appointed as an administrator by the county superintendent of schools who is described in and subject to paragraph (4), the administrator shall be a member of the State Teachers’ Retirement System, if qualified, for the period of service as administrator, unless he or she elects in writing not to become a member. A person who is a member or retirant of the State Teachers’ Retirement System at the time of appointment shall continue to be a member or retirant of the system for the duration of the appointment. If the administrator chooses to become a member or is already a member, the administrator shall be placed on the payroll of the qualifying school district for purposes of providing appropriate contributions to the system. The Superintendent may also require the administrator to be placed on the payroll of the qualifying school district for purposes of remuneration, other benefits, and payroll deductions. (6) For purposes of workers’ compensation benefits, the administrator is an employee of the qualifying school district, except that an administrator described in and subject to paragraph (4) may be deemed an employee of the state or office of the county superintendent of schools, as applicable. (7) The qualifying school district shall add the administrator as a covered employee of the qualifying school district for all purposes of errors and omissions liability insurance policies. (8) The salary and benefits of the administrator shall be established by the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, and paid by the qualifying school district. (9) The county superintendent of schools or the administrator may employ, on a short-term basis and at the expense of the qualifying school district, any staff necessary to assist the administrator, including, but not limited to, a certified public accountant. (10) The administrator may do all of the following: (A) Implement substantial changes in the fiscal policies and practices of the qualifying school district, including, if necessary, the filing of a petition under Chapter 9 (commencing with Section 901) of Title 11 of the United States Code for the adjustment of indebtedness. (B) Revise the educational program of the qualifying school district to reflect realistic income projections and pupil performance relative to state standards. (C) Encourage all members of the school community to accept a fair share of the burden of the fiscal recovery of the qualifying school district. (D) Consult, for the purposes described in this subdivision, with the governing board of the qualifying school district, the exclusive representatives of the employees of the qualifying school district, parents, and the community. (E) Consult with, and seek recommendations from, the Superintendent, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team authorized pursuant to subdivision (c) of Section 42127.8 for purposes described in this article. (F) Upon approval by the county superintendent of schools, enter into agreements on behalf of the qualifying school district and, subject to any contractual obligation of the qualifying school district, change existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in Sections 41327 and 41327.1. (G) Request the advice and assistance of the California Collaborative for Educational Excellence. (c) The County Office Fiscal Crisis and Management Assistance Team, when selecting the pool of candidates for administrator, shall consider candidates’ expertise in management and finance, previous experience mitigating fiscal distress in school districts, and ability to engage meaningfully with the community that the school district serves, and shall provide an opportunity for public input on the selection of the pool of candidates for administrator. (d) (1) Except as provided for in paragraph (2), the period of time during which the county superintendent of schools exercises the authority described in subdivision (b), the governing board of the qualifying school district shall serve as an advisory body reporting to the administrator appointed pursuant to subdivision (b), and has no rights, duties, or powers, and is not entitled to any stipend, benefits, or other compensation from the qualifying school district. (2) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment, the governing board of the qualifying school district may conduct an annual advisory evaluation of an administrator for the duration of the administratorship. (B) An advisory evaluation of an administrator shall focus on the administrator’s effectiveness in leading the qualifying school district toward fiscal recovery and improved academic achievement. Advisory evaluation criteria shall be agreed upon by the governing board of the qualifying school district and the administrator before the advisory evaluation. The advisory evaluation shall include, but not be limited to, all of the following: (i) Goals and standards consistent with Section 41327.1. (ii) Commendations in the areas of the administrator’s strengths and achievements. (iii) Recommendations for improving the administrator’s effectiveness in areas of concern and unsatisfactory performance. (C) An advisory evaluation of an administrator conducted by the governing board of a qualifying school district shall be submitted to the Governor, the Legislature, pursuant to Section 9795 of the Government Code, the Superintendent, the president of the state board or his or her designee, the county superintendent of schools, and the County Office Fiscal Crisis and Management Assistance Team. (3) Upon the appointment of an administrator pursuant to this section, the district superintendent of schools is no longer an employee of the qualifying school district. (4) A determination of the severance compensation for the district superintendent of schools shall be made pursuant to subdivision (k). (e) Notwithstanding Section 35031 or any other law, the administrator, after according the affected employee reasonable notice and the opportunity for a hearing, may terminate the employment of a deputy, associate, assistant superintendent, or other school district level administrator who is employed by a qualifying school district under a contract of employment signed or renewed after January 1, 1992, if the employee fails to document, to the satisfaction of the administrator, that before the date of the acceptance of the emergency apportionment he or she either advised the governing board of the qualifying school district, or his or her superior, that actions contemplated or taken by the governing board of the qualifying school district could result in the fiscal insolvency of the qualifying school district, or took other appropriate action to avert that fiscal insolvency. (f) The authority of the county superintendent of schools, the Superintendent, the president of the state board or his or her designee, and the administrator, under this section shall continue until all of the following occur: (1) (A) After one complete fiscal year has elapsed following the qualifying school district’s acceptance of an emergency apportionment as described in subdivision (a), the administrator determines, and so notifies the county superintendent of schools, the Superintendent, and the president of the state board or his or her designee, that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. (B) The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, may return power to the governing board of the qualifying school district for an area listed in subdivision (a) of Section 41327.1 if performance under the recovery plan for that area has been demonstrated to the satisfaction of the county superintendent of schools, with concurrence from the Superintendent. (2) The county superintendent of schools, with concurrence from the Superintendent, has approved all of the recovery plans referred to in subdivision (a) of Section 41327 and the County Office Fiscal Crisis and Management Assistance Team completes the improvement plans specified in Section 41327.1 and has completed a minimum of two reports identifying the qualifying school district’s progress in implementing the improvement plans. (3) The administrator certifies that all necessary collective bargaining agreements have been negotiated and ratified, and that the agreements are consistent with the terms of the recovery plans. (4) The qualifying school district has completed all reports required by the county superintendent of schools and the administrator. (5) The county superintendent of schools, with concurrence from the Superintendent, determines that future compliance by the qualifying school district with the recovery plans approved pursuant to paragraph (2) is probable. (g) When the conditions stated in subdivision (f) have been met, and at least 60 days after the county superintendent of schools has notified the Legislature, pursuant to Section 9795 of the Government Code, the Department of Finance, the Superintendent, the president of the state board or his or her designee, and the Controller that he or she expects the conditions prescribed pursuant to this section to be met, the governing board of the qualifying school district shall regain all of its legal rights, duties, and powers, except for the powers held by the trustee provided for pursuant to Article 2 (commencing with Section 41320). The parties specified in Section 41320.1 shall appoint a trustee under that section to monitor and review the operations of the qualifying school district until the conditions of subdivision (b) of that section have been met. (h) Notwithstanding subdivision (g), if the qualifying school district violates a provision of the recovery plans approved by the county superintendent of schools, with concurrence from the Superintendent, pursuant to this article within five years after the trustee appointed pursuant to Section 41320.1 is removed or after the emergency apportionment is repaid, whichever occurs later, or the improvement plans specified in Section 41327.1 during the period of the trustee’s appointment, the county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, may reassume, either directly or through an administrator appointed in accordance with this section, all of the legal rights, duties, and powers of the governing board of the qualifying school district. The county superintendent of schools, with concurrence from both the Superintendent and the president of the state board or his or her designee, shall return to the governing board of the qualifying school district all of its legal rights, duties, and powers reassumed under this subdivision when he or she determines that future compliance with the approved recovery plans is probable, or after a period of one year, whichever occurs later. (i) Article 2 (commencing with Section 41320) shall apply except as otherwise specified in this article. (j) It is the intent of the Legislature that the legislative budget subcommittees annually conduct a review of each qualifying school district that includes an evaluation of the financial condition of the qualifying school district, the impact of the recovery plans upon the qualifying school district’s educational program, and the efforts made by the state-appointed administrator to obtain input from the community and the governing board of the qualifying school district. (k) (1) The district superintendent of schools is entitled to a due process hearing for purposes of determining final compensation. The final compensation of the district superintendent of schools shall be between zero and six times his or her monthly salary. The outcome of the due process hearing shall be reported to the Superintendent and the public. The information provided to the public shall explain the rationale for the compensation. (2) This subdivision applies only to a contract for employment negotiated on or after June 21, 2004. (l) (1) When the county superintendent of schools assumes control over a qualifying school district pursuant to subdivision (b), the County Office Fiscal Crisis and Management Assistance Team shall review the fiscal oversight of the qualifying school district by the county superintendent of schools. The County Office Fiscal Crisis and Management Assistance Team may consult with other fiscal experts, including other county superintendents of schools and regional fiscal teams, in conducting this review. (2) Within three months of the county superintendent of schools assuming control over a qualifying school district, the County Office Fiscal Crisis and Management Assistance Team shall report its findings to the Legislature, pursuant to Section 9795 of the Government Code, and shall provide a copy of that report to the Department of Finance, the Superintendent, and the president of the state board or his or her designee. This report shall include findings as to fiscal oversight actions that were or were not taken and may include recommendations as to an appropriate legislative response to improve fiscal oversight. (3) In the year following the completion of the report required in paragraph (2), the County Office Fiscal Crisis and Management Assistance Team shall begin annual reviews of the effectiveness of the oversight of the qualifying school district by the county office of education. (4) If, after performing the duties described in paragraphs (1), (2), and (3), the County Office Fiscal Crisis and Management Assistance Team determines that the county superintendent of schools failed to carry out his or her responsibilities for fiscal oversight as required by this code, the Superintendent, with the concurrence of the president of the state board or his or her designee, may exercise the authority of the county superintendent of schools who has oversight responsibilities for a qualifying school district. The Superintendent and the president of the state board or his or her designee shall further require the county superintendent of schools to demonstrate remediation of deficiencies identified in reports required in paragraphs (2) and (3). If the Superintendent finds, based on the reports required in paragraphs (2) and (3), that the county superintendent of schools failed to appropriately take into account particular types of indicators of financial distress, or failed to take appropriate remedial actions in the qualifying school district, the Superintendent shall further investigate whether the county superintendent of schools failed to take into account those indicators, or similarly failed to take appropriate actions in other school districts with negative or qualified certifications. (Amended by Stats. 2018, Ch. 426, Sec. 10. (AB 1840) Effective September 17, 2018.)
  131. 41326.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

    Verify source ↗

    An administrator controlling a school district under Section 41326 must discuss fiscal recovery options within 30 days and keep considering information from listed groups at least monthly.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41326.1. Within 30 days of assuming authority, an administrator who has control over a school district pursuant to Section 41326 shall discuss options for resolving the fiscal problems of the district with all of the following groups and shall consider, on a monthly basis, or more frequently if so desired by the administrator, information from one or more of the following groups: (a) The governing board of the school district. (b) Any advisory council of the school district. (c) Any parent-teacher organization of the school district. (d) Representatives from the community in which the school district is located. (e) The district administrative team. (f) The County Office Fiscal Crisis and Management Assistance Team. (g) Representatives of employee bargaining units. (h) The county superintendent of schools. (Amended by Stats. 2005, Ch. 22, Sec. 36. Effective January 1, 2006.)
  132. 41327.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

    Verify source ↗

    The appointed administrator must prepare or obtain required recovery reports and plans, and those materials must be submitted for county superintendent approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41327. (a) In accordance with timelines, instructions, and a format established by the county superintendent of schools, with concurrence from the Superintendent, the administrator appointed pursuant to subdivision (b) of Section 41326 shall prepare or obtain the following reports and plans: (1) A management review and recovery plan. (2) A multiyear financial recovery plan. The multiyear financial recovery plan shall include a plan, to be submitted annually on or before July 1, to repay to the state any and all loans owed by the school district. (3) During the period of service by the administrator appointed pursuant to subdivision (b) of Section 41326, an annual report on the financial condition of the school district, including, but not necessarily limited to, all of the following information: (A) Specific actions taken to reduce school district expenditures or increase income to the school district, and the amount of the resulting cost savings and increases in income. (B) A copy of the adopted school district budget for the current fiscal year. (C) The amount of the school district budgetary reserve. (D) The status of employee contracts. (E) Any obstacles to the implementation of the recovery plans described in paragraphs (1) and (2). (b) Each of the reports or plans required under this section, or under any other law that requires the school district to prepare reports or plans, shall be submitted to the county superintendent of schools for approval, with concurrence from the Superintendent. The county superintendent of schools may accept and approve, for the purposes of this section, any reports or plans that were prepared by or for the school district prior to the school district’s acceptance of a loan as described in subdivision (a) of Section 41326. (c) With the approval of the county superintendent of schools, the administrator appointed pursuant to subdivision (b) of Section 41326 may enter into agreements on behalf of the school district and, subject to any contractual obligation of the school district, change any existing school district rules, regulations, policies, or practices as necessary for the effective implementation of the recovery plans referred to in subdivision (a). (d) The County Office Financial Crisis and Management Assistance Team shall do an annual review of the progress made with regard to the recovery plans required by subdivision (a), and submit that review to the county superintendent, the Superintendent, and the president of the state board or his or her designee. (Amended by Stats. 2018, Ch. 426, Sec. 11. (AB 1840) Effective September 17, 2018.)
  133. 41327.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

    Verify source ↗

    This section requires the state board to adopt standards, and several county education officials to carry out assessments, improvement plans, reporting, and backup contracting steps for qualifying school districts.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41327.1. (a) The state board shall adopt and may periodically update by regulation a comprehensive list of professional and legal standards that all school districts are encouraged to use as a guide to conduct a good educational program and fiscal and management practices that shall be used as the basis of evaluating the improvement of qualifying school districts pursuant to this article. These standards shall, at a minimum, address all of the following areas: (1) Financial management. (2) Pupil achievement. (3) Personnel management. (4) Facilities management. (5) Community relations. (b) If an administrator is appointed pursuant to Section 41326, the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 shall conduct comprehensive assessments in the five areas specified in subdivision (a). (c) After the assessments specified in subdivision (b) are completed, the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, the Superintendent, and the president of the state board or the president’s designee, shall determine, based upon the school district’s particular needs and circumstances, the level of improvement needed in the standards adopted pursuant to subdivision (a) before local authority will be returned pursuant to subdivision (g) of Section 41326. Based upon this determination, the County Office Fiscal Crisis and Management Assistance Team shall complete improvement plans in the five areas specified in subdivision (a) that focus on the agreed upon standards, and that are consistent with the financial improvement plan. (d) Beginning six months after an emergency loan is approved, and annually thereafter until local authority is returned pursuant to subdivision (g) of Section 41326, the County Office Fiscal Crisis and Management Assistance Team shall file a written status report with the appropriate fiscal and policy committees of the Legislature, the Members of the Legislature that represent the qualifying school district, any advisory council of the school district, the Superintendent, the county superintendent of schools, and the Director of Finance. The reports shall indicate the progress that the school district is making in meeting the recommendations of the improvement plans developed pursuant to this section. (e) If the County Office Fiscal Crisis and Management Assistance Team indicates in writing that it has insufficient resources to complete the comprehensive assessments, improvement plans, and progress reports required pursuant to this section, the county superintendent of schools shall request proposals to complete these tasks, and subject to the approval of the Department of Finance, select an entity to complete the tasks assigned to the County Office Fiscal Crisis and Management Assistance Team pursuant to this section. (Amended by Stats. 2020, Ch. 24, Sec. 21. (SB 98) Effective June 29, 2020.)
  134. 41327.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

    Verify source ↗

    The county superintendent of schools must keep supervising local school districts and must submit specified reports to several authorities after reviewing the district’s budget and interim reports.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41327.2. (a) The appointment of an administrator pursuant to Section 41326 does not remove any statutory rights, duties, or obligations from the county superintendent of schools. The county superintendent of schools retains the responsibility to superintend school districts under his or her jurisdiction. (b) The county superintendent of schools shall submit reports to the Superintendent, the president of the state board or his or her designee, the appropriate fiscal and policy committees of the Legislature, and the Director of Finance subsequent to review by the county superintendent of schools of the school district’s budget and interim reports in accordance with subdivision (d) of, and paragraph (1) of subdivision (f) of, Section 42127, and paragraph (2) of subdivision (a) of, and subdivision (e) of, Section 42131. These reports shall document the fiscal and administrative status of the qualifying school district, particularly in regard to the implementation of fiscal and management recovery plans. Each report shall also include a determination of whether the revenue streams to the school district appear to be consistent with its expenditure plan, according to the most recent data available at the time of the report. These reports are required until six months after all rights, duties, and powers are returned to the school district pursuant to this article. (Amended by Stats. 2018, Ch. 426, Sec. 13. (AB 1840) Effective September 17, 2018.)
  135. 41328.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

    Verify source ↗

    The qualifying district must pay all costs of implementing this article, and the Superintendent of Public Instruction must withhold the amounts due from State School Fund apportionments to the district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41328. The qualifying district shall bear 100 percent of all costs associated with implementing this article, including the activities of the County Office Fiscal Crisis and Management Assistance Team or the regional team. The Superintendent of Public Instruction shall withhold from the apportionments to be made from the State School Fund to the district the amounts due pursuant to this section. (Amended by Stats. 2005, Ch. 22, Sec. 37. Effective January 1, 2006.)
  136. 41329.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. )

    Verify source ↗

    A financially distressed school district must complete an equity-impact process before approving a school closure or consolidation, and must notify parents and pupils after approval.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.5. Conditions on Emergency Apportionments [41325 - 41329] ( Article 2.5 added by Stats. 1991, Ch. 1213, Sec. 10. ) ## 41329. (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a school of the school district: (1) In deciding what schools to close or consolidate, the governing board of the school district shall conduct an equity impact analysis in its consideration of school closures or consolidations. The governing board of the school district shall develop a set of metrics for the development of the equity impact analysis and make those metrics public at a regularly scheduled meeting of the governing board of the school district so that the public can provide input regarding the metrics being used to conduct the analysis. The metrics shall include, but are not limited to, all of the following: (A) The condition of a school facility. (B) The operating cost of a school and the associated savings resulting from a closure or consolidation. (C) The capacity of a school to accommodate excess pupils. (D) Special programs available at the schools being considered for closure or consolidation and whether those programs will be provided at the same current level at the schools to which pupils will be diverted. (E) Environmental factors, including, but not limited to, traffic and proximity to freeway access. (F) Balance of pupil demographics, including race or ethnicity, pupils with disabilities, English learners, foster youth, and homeless youth, in the schools being considered for closure or consolidation, and the resulting demographic balance of pupils after placement in other schools, in order to determine if the decision to close or consolidate will have a disproportionate impact on any particular demographic group. (G) Transportation needs of pupils. (H) Aesthetics and the opportunity for blight and negative impact on the surrounding community. (I) Impact on feeder school attendance patterns with the closure of any particular school and whether the closure will attenuate attendance at other schools or specialized programs as a result. (2) (A) The governing board of the school district shall provide its recommendations regarding school closures and consolidations to the public at a regularly scheduled meeting and share how it prepared its list and include, at a minimum, all of the following information: (i) Factors used to identify the list of school closures or consolidations. (ii) Equity impact analysis findings for each school closure or consolidation. (iii) Plan for the use of the schools proposed for closure or consolidation once it becomes a vacated facility. (iv) Criteria used to assign displaced pupils to other schoolsites, or a description of the process of reassignment that will be used by the school district. (v) Options and timeline for transitioning pupils to their new schools, including improving safe routes to schools and home-to-school transportation needs. (B) The governing board of the school district shall review and consider the feedback presented at the public meeting and make its decision on any school closures or consolidations at a subsequently scheduled regular meeting. (C) At the subsequent regularly scheduled meeting, the governing board of the school district shall present its final recommendation for school closures or consolidations, which shall include a review of how public input was incorporated into the final recommendation. Any affirmative action by the governing board of the school district to implement a school closure or consolidation shall be made only after it adopts a resolution concluding that the community engagement process required pursuant to this section has been completed. (D) (i) Upon an affirmative action by the governing board of the school district to implement a school closure or consolidation, the school district shall provide information to parents and pupils in multiple formats, including, but not limited to, email and paper notifications. (ii) Notifications to parents shall be translated into their primary language pursuant to Section 48985. (iii) The information shall include all of the following: (I) The date of the approved closure or consolidation. (II) The pupil’s new school assignment, as applicable. (III) School district resources for pupils and parents to support the pupil’s transition. (IV) School district contacts for additional information. (b) For purposes of this section, “financial distress” means a school district with an emergency apportionment pursuant to Article 2 (commencing with Section 41320) or this article, a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article. (c) For purposes of this section, “governing board of a school district” includes a trustee appointed pursuant to Article 2 (commencing with Section 41320), or an administrator appointed pursuant to this article. (d) This section does not apply to a school district’s closure of a school due solely to the unsafe condition of the school’s facilities. (e) The process outlined pursuant to this section shall not take more than 12 months from the initiation of the equity impact analysis pursuant to paragraph (1) of subdivision (a) to the notification to parents of the final determination of the governing board of the school district pursuant to subparagraph (D) of paragraph (2) of subdivision (a). (f) This section shall become inoperative on July 1, 2028, and, as of January 1, 2029, is repealed. (Amended by Stats. 2023, Ch. 131, Sec. 28. (AB 1754) Effective January 1, 2024. Inoperative July 1, 2028, by its own provisions. Repealed as of January 1, 2029, by its own provisions.)
  137. 41329.50.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    This section defines key terms used in the emergency apportionment financing article.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.50. The following definitions apply to this article, and, except as provided in subdivision (d), apply to Article 2 (commencing with Section 41320) and Article 2.5 (commencing with Section 41325), unless the context clearly indicates or requires another or different meaning: (a) “Bank” means the California Infrastructure and Economic Development Bank. (b) “Bonds” has the same meaning specified in Section 63010 of the Government Code. (c) “Loan” and “emergency apportionments” means the financing described in Sections 41329.51, 41329.52, and 41329.53. The financing does not constitute a borrowing, but, instead, constitutes an advance payment of apportionments subject to repayment with interest as described in the article. (d) “School district” means a school district that requests an emergency apportionment pursuant to Section 41320, including an administrator appointed pursuant to Article 2 (commencing with Section 41320) and a trustee appointed pursuant to Article 2.5 (commencing with Section 41325), or, for the purposes of this article only, a community college district, including a special trustee appointed pursuant to Section 71093 or 84040. (Amended by Stats. 2006, Ch. 50, Sec. 4. Effective June 30, 2006.)
  138. 41329.51.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    Emergency apportionments are financing provided under this section, and the school district, bank, and the Superintendent of Public Instruction or Board of Governors must promptly carry out the duties set by the statute making the apportionment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.51. Notwithstanding any other law, an emergency apportionment is a financing provided to a community college district as authorized by the Legislature or to a school district, other than a community college district, complying with the requirements contained in Article 2 (commencing with Section 41320) and Article 2.5 (commencing with Section 41325). The emergency apportionment shall be made pursuant to either Section 41329.52 or Section 41329.53, as determined by statute. The school district, the bank, and the Superintendent of Public Instruction, or the Board of Governors of the California Community Colleges, as appropriate, shall promptly perform the duties specified in the statute making the emergency apportionment. (Amended by Stats. 2006, Ch. 50, Sec. 5. Effective June 30, 2006.)
  139. 41329.52.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    A school district may receive emergency apportionment financing, but the district must enter a lease financing and the bank must issue bonds; the General Fund cannot be advanced until the district and bank complete stated steps.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.52. (a) A school district may receive a two-part financing designed to provide an advance of apportionments owed to the district from the State School Fund and the Education Protection Account. (b) The initial emergency apportionment shall be an interim loan from the General Fund to the school district. General Fund money shall not be advanced to a school district until that district agrees to obtain a lease financing as described in subdivision (c) and the bank adopts a reimbursement resolution governing the lease financing. The interim loan shall be repaid in full, with interest, from the proceeds of the lease financing pursuant to subdivision (c) at a time mutually agreed upon between the Department of Finance and the bank. The interest rate on the interim loan shall be the rate earned by moneys in the Pooled Money Investment Account as of the date of the initial disbursement of emergency apportionments to the school district. (c) The school district shall enter into a lease financing with the bank for the purpose of financing the emergency apportionment, including a repayment to the General Fund of the amount advanced pursuant to subdivision (b). In addition to the emergency apportionment, the lease financing may include funds necessary for reserves, capitalized interest, credit enhancements, and costs of issuance. The bank shall issue bonds for that purpose pursuant to the powers granted pursuant to the Bergeson-Peace Infrastructure and Economic Development Bank Act as set forth in Division 1 (commencing with Section 63000) of Part 6.7 of the Government Code. The term of the lease shall not exceed 20 years, except that if at the end of the lease term any rent payable is not fully paid, or if the rent payable has been abated, the term of the lease shall be extended for a period not to exceed 10 years. (Amended by Stats. 2013, Ch. 48, Sec. 28. (AB 86) Effective July 1, 2013.)
  140. 41329.53.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    A school district may receive an emergency apportionment, but it must be repaid within 20 years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.53. (a) As an alternative to the lease financing pursuant to Section 41329.52, a school district may receive an emergency apportionment from the General Fund designed to provide an advance of apportionments owed to the district from the State School Fund and the Education Protection Account. The emergency apportionment shall be repaid within 20 years. The calculation of the amount of the apportionment, including implied costs, and the interest rate shall be calculated pursuant to subdivision (b). Each year the Superintendent shall withhold from the apportionments to be made to the school district from the State School Fund and the Education Protection Account an amount equal to the emergency apportionment repayment that becomes due in the year. (b) The determination by statute as to whether the emergency apportionment shall take the form of lease financing pursuant to Section 41329.52 or an emergency apportionment from the General Fund pursuant to this section shall be based upon the availability of funds within the General Fund and not on any cost differential between the two financing mechanisms. To ensure that the two alternatives are cost neutral, if the statute does not authorize a lease financing, the bank shall commission a cost study from financial advisers under contract with the bank to determine the interest rate, costs of issuance, and if it is more cost effective, credit enhancement costs likely if the financing was a lease financing rather than an emergency apportionment from the General Fund. These implied lease costs shall be included as the fixed interest rate on the repayment of the emergency apportionment to the General Fund, repayable over 20 years. (Amended by Stats. 2013, Ch. 48, Sec. 29. (AB 86) Effective July 1, 2013.)
  141. 41329.54.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    A school district may lease district property to or from the bank for the related bonds, and may enter related financing, credit enhancement, and other supporting agreements or documents.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.54. In furtherance of the lease financing authorized pursuant to Section 41329.52, and notwithstanding any other law, the school district may lease any property of the school district to the bank or from the bank, in connection with the bonds issued by the bank. In each case, the lease shall include any rental provision or term and any transfer, assignment, payment, security, default, remedy, and other terms or provisions agreed to by the bank and the school district. In addition, the school district may enter into any agreement for liquidity or credit enhancement, with any reimbursement, payment, interest, security, default, remedy and other terms it deems necessary or appropriate in connection with entering into the lease financing. The school district may enter into any other agreements or execute any other documents necessary or desirable to carry out the purposes of this section. This section shall be deemed to provide a complete, additional, and alternative method for accomplishing the acts authorized by this article. Any agreement entered into in connection with the lease of any property of the district pursuant to a financing pursuant to Section 41329.52, including without limitation, any agreement for liquidity or credit enhancement, need not comply with the requirements of any other law applicable to the purchase, sale, or lease of school district property or the granting of any pledge or encumbrance. (Added by Stats. 2004, Ch. 263, Sec. 8. Effective August 23, 2004.)
  142. 41329.55.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    The bank must notify the Controller and the school district about its lease financing, the Controller must make scheduled apportionments to the bond trustee, and the bank may authorize those apportionments to cover certain financing costs.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.55. (a) Simultaneous with the execution of the lease financing authorized pursuant to Section 41329.52, the bank shall provide to the Controller and the school district a notification of its lease financing. The notice shall include a schedule of rent payments to become due to the bank from the school district and the bond trustee. The Controller shall make the apportionment to the bond trustee of those amounts on the dates shown on the schedule. The bank may further authorize the apportionments to be used to pay or reimburse the provider of any credit enhancement of bonds and other ongoing or periodic ancillary costs of the bond financing issued by the bank in connection with this article. If the amount of rent payments vary from the schedule as a result of variable interest rates on the bonds, early redemptions, or changes in expenses, the bank shall amend or supplement the schedule accordingly. (b) Except where financing is for a community college district, the Controller shall make the apportionment only from moneys in Section A of the State School Fund and the Education Protection Account designated for apportionment to the district and any apportionment authorized pursuant to this subdivision shall constitute a lien senior to any other apportionment or payment of State School Fund and the Education Protection Account moneys to or for that district not made pursuant to this subdivision. (c) If financing is for the Compton Community College District, the Controller shall make the apportionment only from moneys in Section B of the State School Fund. Any apportionment authorized pursuant to this subdivision shall constitute a lien senior to any other apportionment or payment of Section B State School Fund moneys. (d) The amount apportioned for a school district pursuant to this section is an allocation to the school district for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution. For purposes of computing the local control funding formula allocation pursuant to Section 42238.02, as implemented by Section 42238.03, for any school district, the local control funding formula allocation for any fiscal year in which funds are apportioned for the school district pursuant to this section shall include any amounts apportioned by the Controller pursuant to subdivisions (a), (b), and (c), and Section 41329.57. (e) No party, including the school district or any of its creditors, shall have any claim to the money apportioned or to be apportioned to the bond trustee by the Controller pursuant to this section. (Amended by Stats. 2015, Ch. 19, Sec. 35. (SB 78) Effective June 24, 2015.)
  143. 41329.56.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    The bank must issue separate bonds, and the school districts must use the proceeds to repay the existing apportionments. The lease terms cannot exceed 20 years, with a possible extension of up to 10 years if rent is unpaid or abated at the end of the term.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.56. (a) Chapter 57 of the Statutes of 1993 consolidated several previous emergency apportionments and a loan to the West Contra Costa Unified School District and specified the repayment terms of that apportionment. Chapter 14 of the Statutes of 2003 authorized an emergency apportionment to the Oakland Unified School District and specified the repayment terms of that apportionment. Collectively these are referred to in this section as “existing apportionments.” (b) Promptly after August 23, 2004, the bank shall issue separate bonds for the West Contra Costa Unified School District and the Oakland Unified School District for lease financing pursuant to Section 41329.52. The school districts shall use the proceeds to repay the existing apportionments. The terms of the leases shall not exceed 20 years, except that if at the end of the lease term any rent payable is not fully paid, or if the rent payable has been abated, the term of the lease shall be extended for a period not to exceed 10 years. (Amended by Stats. 2005, Ch. 97, Sec. 3. Effective July 21, 2005.)
  144. 41329.57.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    The Controller must transfer funds and issue warrants under a bank-provided schedule, and the bank’s executive director or chair must periodically give the Controller and each affected school district a schedule of the financing cost difference.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.57. (a) (1) Pursuant to a schedule provided to the Controller by the bank, the Controller shall transfer from Section A of the State School Fund and the Education Protection Account the amount of funds necessary to pay the warrants issued pursuant to paragraph (2) so that the effective cost of the lease financing provided to the Oakland Unified School District, the Vallejo City Unified School District, and the West Contra Costa Unified School District pursuant to this article shall be equal to the cost of the original General Fund emergency loan made to each school district. (A) For purposes of determining the cost of the original emergency loan for the West Contra Costa Unified School District, the original interest rate is the rate established pursuant to Section 41474 of 1.532 percent. (B) For purposes of determining the cost of the original emergency loan for the Oakland Unified School District, the original interest rate is 1.778 percent. This rate shall also apply to any disbursements of the loan pursuant to Chapter 14 of the Statutes of 2003 that are subsequent to August 23, 2004. (C) For purposes of determining the cost of the original emergency loan for the Vallejo City Unified School District, the original interest rate is 1.5 percent. This rate shall also apply to any disbursements of the loan pursuant to Chapter 53 of the Statutes of 2004 that are subsequent to August 23, 2004. (2) The executive director or chair of the bank shall periodically provide a schedule to the Controller and each school district of the actual amount of the difference between the cost of the lease financing compared to the cost of the original emergency loan for each school district for each year and the Controller shall issue warrants to each school district pursuant to the schedule. Payments to a school district shall occur only during the term of the loan for that district and shall be made no sooner than the corresponding payments are made to the bond trustee under the lease financing for that district. (3) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants issued pursuant to paragraph (2) are “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the fiscal years in which the warrants are issued and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal years in which the warrants are issued. (b) It is the intent of the Legislature that the financing cost subsidies funded in this section not be deemed precedent nor in conflict with Section 41329.53, as these school districts requested loans before the enactment of this article. (Amended by Stats. 2013, Ch. 48, Sec. 31. (AB 86) Effective July 1, 2013.)
  145. 41329.575.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    The Controller must transfer funds and issue warrants under a schedule provided by the bank for the specified school district financing arrangement.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.575. (a) (1) Pursuant to a schedule provided to the Controller by the bank, commencing with the 2013–14 fiscal year, the Controller shall transfer from Section A of the State School Fund and the Education Protection Account the amount of funds necessary to pay the warrants issued pursuant to paragraph (3) so that the effective cost of the lease financing for each fiscal year from 2013–14 to 2029–30, inclusive, provided to the South Monterey County Joint Union High School District pursuant to Chapter 20 of the Statutes of 2009 shall be equal to the cost of providing an emergency General Fund cashflow loan to the South Monterey County Joint Union High School District for each fiscal year from 2013–14 to 2029–30, inclusive. (2) For purposes of determining the cost of providing an emergency General Fund cashflow loan to the South Monterey County Joint Union High School District for fiscal years 2013–14 to 2029–30, inclusive, for the South Monterey County Joint Union High School District, the original interest rate is equal to the annual rate of return earned by the Pooled Money Investment Account for the applicable fiscal year, plus an additional 2 percent. This rate shall also apply to disbursements of the loan pursuant to Chapter 20 of the Statutes of 2009 that are subsequent to September 15, 2013. (3) The executive director or chair of the bank shall periodically provide a schedule to the Controller and the South Monterey County Joint Union High School District of the actual amount of the difference between the annual cost of the lease financing compared to the annual cost of providing the South Monterey County Joint Union High School District with an emergency General Fund cashflow loan for each applicable fiscal year and the Controller shall issue warrants to the South Monterey County Joint Union High School District pursuant to the schedule. Payments to the South Monterey County Joint Union High School District shall occur only during the term of the loan for the South Monterey County Joint Union High School District and shall be made no sooner than the corresponding payments are made to the bond trustee under the lease financing for the South Monterey County Joint Union High School District. (4) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the warrants issued pursuant to paragraph (3) are “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202 for the fiscal years in which the warrants are issued and included within the “total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B,” as defined in subdivision (e) of Section 41202, for the fiscal years in which the warrants are issued. (b) It is the intent of the Legislature that the financing cost subsidies funded in this section not be deemed precedent nor in conflict with Chapter 20 of the Statutes of 2009. (Amended by Stats. 2014, Ch. 71, Sec. 34. (SB 1304) Effective January 1, 2015.)
  146. 41329.58.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    This section appropriates $30 million from the General Fund to the Board of Governors of the California Community Colleges for an emergency apportionment to the Compton Community College District.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.58. The sum of thirty million dollars ($30,000,000) is hereby appropriated, without regard to fiscal year, from the General Fund to the Board of Governors of the California Community Colleges for apportionment to the Compton Community College District as an emergency apportionment to finance, among other things, the activities described in Article 5 (commencing with Section 74292) of Chapter 5 of Part 46. (Added by Stats. 2006, Ch. 50, Sec. 8. Effective June 30, 2006.)
  147. 41329.59.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    FCMAT must complete an audit, a recovery plan, and regular status reports for Compton Community College District, and up to $500,000 may be provided to fund the audit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.59. (a) On or before October 30, 2006, the Fiscal Crisis and Management Assistance Team (FCMAT) shall conduct an extraordinary audit of the Compton Community College District, to be delivered to the Board of Governors of the California Community Colleges and the Director of Finance, focused upon an examination of alleged fraud, misappropriation of funds, or other illegal fiscal practices. The audit shall be conducted in a timely and efficient manner. (b) On or before January 31, 2007, the FCMAT shall conduct a comprehensive assessment and prepare a recovery plan, to be delivered to the Board of Governors of the California Community Colleges and the Department of Finance, for the Compton Community College District addressing the five operational areas: financial management, academic achievement, personnel management, facilities management, and governance/community relations. (c) The FCMAT shall file a written status report at regular intervals with the appropriate fiscal and policy committees of the Legislature, the advisory committee to the special trustee, the Board of Governors of the California Community Colleges, the Director of Finance, and the Governor. The status reports shall include the progress that the Compton Community College District is making in meeting the recommendations of the FCMAT comprehensive assessment and addressing the deficiencies identified by the Accrediting Commission for Community and Junior Colleges. (d) Notwithstanding any other provision of law, an amount of up to five hundred thousand dollars ($500,000) shall be provided to the Compton Community College District from any funds budgeted for FCMAT in Item 6110-107-0001 of Section 2.00 of the annual Budget Act or any other funds available from prior budget years for FCMAT for the purpose of funding the audit described in subdivision (a) of this section. (Amended by Stats. 2011, Ch. 349, Sec. 1. (SB 940) Effective January 1, 2012.)
  148. 41329.60.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. )

    Verify source ↗

    From July 1, 2016, the interest rate on certain outstanding General Fund emergency apportionments to the Compton Community College District is 2.307 percent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 2.7. Emergency Apportionment Financing [41329.50 - 41329.60] ( Article 2.7 added by Stats. 2004, Ch. 263, Sec. 8. ) ## 41329.60. Notwithstanding any other law, beginning July 1, 2016, the interest rate on any outstanding General Fund emergency apportionments made to the Compton Community College District pursuant to Section 41329.52 or 41329.58 shall be 2.307 percent. All other terms of those emergency apportionments shall remain the same. (Added by Stats. 2016, Ch. 24, Sec. 13. (AB 1602) Effective June 27, 2016.)
  149. 41330.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must certify estimated apportionment amounts to the Controller by July 20 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41330. Commencing with the 2003–04 fiscal year, for the purposes of allocating the advance apportionment for the current fiscal year, the Superintendent of Public Instruction shall on or before July 20th of each year certify to the Controller the amounts estimated to be apportioned to each effective school district for the current fiscal year on the basis of the report of the districts for the second principal apportionment of the preceding fiscal year, the amounts estimated to be apportioned to each county school tuition fund and to each county school service fund for schools and classes to be maintained by the county superintendent of schools during the current fiscal year on the basis of reports provided by the county superintendent of schools, and the amounts estimated by the Superintendent of Public Instruction to be apportioned to the county school service fund during the current fiscal year under subdivisions (a) and (b) of Section 14054. (Repealed and added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 5. Effective March 18, 2003.)
  150. 41332.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion certain allowed amounts to specified school funds and districts by February 20 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41332. The Superintendent of Public Instruction shall, on or before February 20th of each year, apportion to each elementary school district, high school district, county school service fund, and county school tuition fund the total amounts allowed to them under Sections 14054, 14057, 14058, 41790, 41800, 41810, 41811, 41840, 41841, 41863, 41866, 41882, 41884, 41885, 41886, 41888, 41950, 41970, 41971, 42004, 42005, 42054, 42055, 42056, and 52205, whichever are in effect. This apportionment shall be called the first principal apportionment. (Amended by Stats. 1990, Ch. 1372, Sec. 195.)
  151. 41333.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If additional teachers are hired by November 10, they are treated as hired at the start of the school year, and eligible districts may receive the related small school foundation program treatment for apportionment calculations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41333. For purposes of determining the eligibility of a school for the “necessary small school” foundation program, if by November 10th of any current fiscal year, an additional teacher or teachers are hired in elementary schools or high schools such teachers shall be deemed to have been hired as of the beginning of the school year, and the districts shall, if otherwise eligible, be entitled to the appropriate small school foundation programs for purposes of computation of the principal apportionments. (Enacted by Stats. 1976, Ch. 1010.)
  152. 41335.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion specified school funds to listed districts and county funds by July 2 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41335. (a) The Superintendent of Public Instruction shall on or before July 2 of each year apportion to each elementary school district, high school district, county school service fund, and county school tuition fund the total amounts allowed to each respective district or fund, as would have been apportioned on June 25 of the fiscal year of the apportionment pursuant to Section 41335 as it read on May 30, 2003, under Sections 14054, 14057, 14058, 41790, 41800, 41810, 41811, 41840, 41841, 41863, 41866, 41882, 41884, 41885, 41886, 41888, 41950, 41970, 41971, 42004, 42005, 42054, 42055, 42056, and 52205, whichever are in effect. This apportionment shall be called the second principal apportionment. (b) This section shall become operative on June 1, 2003. (Repealed (in Sec. 6) and added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 7. Effective March 18, 2003. Section operative June 1, 2003, by its own provisions.)
  153. 41336.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion specified amounts to each school district or fund by June 25 each year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41336. The Superintendent of Public Instruction shall on or before June 25th of each year apportion to each school district or fund the total of the amounts allowed to the district or fund under Section 41972. This apportionment shall be called the final apportionment. (Enacted by Stats. 1976, Ch. 1010.)
  154. 41337.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion the amounts allowed under Section 14055 when needed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41337. The Superintendent of Public Instruction shall apportion at such times as needed the amounts allowed pursuant to Section 14055. (Enacted by Stats. 1976, Ch. 1010.)
  155. 41339.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must certify each applicable apportionment to the Controller.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41339. The Superintendent shall certify each apportionment made by him or her under Sections 41332 to 41340, inclusive, whichever are in effect, to the Controller. (Amended by Stats. 2016, Ch. 186, Sec. 42. (AB 2659) Effective January 1, 2017.)
  156. 41339.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must notify the Joint Legislative Budget Committee and the Department of Finance, 10 working days before the specified certification dates, about average daily attendance numbers and local property tax revenues to be used in the certification.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41339.1. Notwithstanding subdivision (b) of Section 41339, 10 working days prior to the dates prescribed in Section 41330 and Section 41335, as Section 41335 reads on and after June 1, 2003, the Superintendent of Public Instruction shall notify the Joint Legislative Budget Committee and the Department of Finance of the average daily attendance numbers and the local property tax revenues to be utilized in the respective certification. (Added by Stats. 2003, 1st Ex. Sess., Ch. 4, Sec. 8. Effective March 18, 2003.)
  157. 41339.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent must publish certain supplemental and concentration grant amounts on the department’s website within three business days of specified apportionments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41339.2. Commencing with the first fiscal year after subdivision (g) of Section 42238.03 applies, the Superintendent, within three business days of the first principal, second principal, and annual apportionments for each fiscal year, shall publish on the department’s Internet Web site the amount of a county office of education’s, school district’s, or charter school’s supplemental and concentration grants calculated pursuant to subdivision (c) of Section 2574 or subdivisions (e) and (f) of Section 42238.02. (Added by Stats. 2018, Ch. 32, Sec. 28. (AB 1808) Effective June 27, 2018.)
  158. 41340.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must provide an abstract of each State School Fund apportionment to listed state and county officials.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41340. The Superintendent of Public Instruction shall furnish an abstract of each apportionment of the State School Fund to the State Controller, the Department of Finance and to the county and city and county auditors, county and city and county treasurers, and to the county superintendents of schools of the several counties of the state. (Enacted by Stats. 1976, Ch. 1010.)
  159. 41341.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If certain school fund apportionments are overpaid or underpaid, the Superintendent or the Chancellor must adjust the apportionment by the excess or deficiency within the next fiscal year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41341. (a) (1) If, during any fiscal year, the amount apportioned to a school district or to any fund from Section A of the State School Fund differs either positively or negatively from the amount to which the school district or fund was entitled by an amount equal to the local control funding formula allocation pursuant to Section 42238.02, as implemented pursuant to Section 42238.03, for one unit of average daily attendance, the Superintendent, in accordance with regulations that the Superintendent is hereby authorized to adopt, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, shall withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be. Notwithstanding any other provision of this code to the contrary, excesses withheld or deficiencies added by the Superintendent pursuant this subdivision shall be added to or allowed from any portion of the State School Fund. (2) Notwithstanding paragraph (1), excesses may be withheld or deficiencies added to apportionments on account of audit exceptions reported in an audit or review, as described in subdivision (e) of Section 41344, or audit or review conducted by a certified public accountant or public accounting firm designated by a governmental agency that provided the local educational agency the opportunity to provide a written response. (b) If, during any fiscal year, the amount apportioned to a community college district or to any fund from Section B of the State School Fund differs either positively or negatively from the amount to which the community college district or fund was entitled, by an amount equal to the funding of one full-time equivalent student, the Chancellor of the California Community Colleges, in accordance with regulations that the chancellor is hereby authorized to adopt, not later than the first succeeding fiscal year from the fiscal year in which the computational error was made, shall withhold from, or add to, the apportionment made during that fiscal year, the amount of the excess or deficiency, as the case may be. Notwithstanding any other provision of this code to the contrary, excesses withheld or deficiencies added by the Chancellor of the California Community Colleges under this subdivision shall be added to or allowed from any portion of the State School Fund. (Amended by Stats. 2020, Ch. 24, Sec. 22. (SB 98) Effective June 29, 2020.)
  160. 41342.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a final judgment changes the required State School Fund apportionment, the Superintendent of Public Instruction must adjust the amount in the following fiscal year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41342. When any judgment has been rendered which requires the apportionment from the State School Fund to any school district, to any other agency, or to any fund for any fiscal year of more than the amount actually apportioned thereto during that fiscal year, the difference shall be apportioned to the district, agency, or fund by the Superintendent of Public Instruction from the State School Fund during the fiscal year following that in which the judgment becomes final before any other apportionment from the State School Fund is made. Upon the becoming final of any judgment which requires the apportionment from the State School Fund to any school district, to any other agency, or to any fund for any fiscal year of less than the amount actually apportioned thereto during any fiscal year, the difference shall be deducted from the apportionment made to that district, agency, or fund by the Superintendent of Public Instruction from the State School Fund during the fiscal year following that in which the judgment becomes final. (Amended by Stats. 1982, Ch. 466, Sec. 30.)
  161. 41343.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district board may report certain attendance later if the teacher’s certification was not in force, and the Superintendent must use a prescribed form and add qualifying amounts to the district’s State School Fund apportionment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41343. Wherever the attendance of pupils is not included in the computation of the average daily attendance of a school district for any fiscal year because the certification document of the person employed by the district to instruct such pupils was not in force during the period of such attendance, the governing board of the district may, upon payment of the salary of such person pursuant to Section 45036, or similar provisions of law, report such attendance to the Superintendent of Public Instruction during the fiscal year in which such salary is paid. Such report shall be made in such form as shall be prescribed and furnished by the Superintendent of Public Instruction. Thereafter the Superintendent of Public Instruction shall add to the apportionment from the State School Fund to the district during the next succeeding fiscal year or years, as determined by him but not exceeding three, the additional amount to which the district would have been entitled in the fiscal year next succeeding that in which such attendance was not included in the computation of the average daily attendance of the district if such amount is at least one hundred dollars ($100) or more. Any such additional amount shall be apportioned from the State School Fund before any other apportionment from such fund is made and shall be allowed from any portion of such fund except that portion reserved as allowances for basic state aid. (Enacted by Stats. 1976, Ch. 1010.)
  162. 41344.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A local educational agency that owes an audit-related repayment or penalty must request a repayment plan on time, and the Controller must withhold the amount unless a plan or appeal rule changes the timing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41344. (a) If, as the result of an audit or review, a local educational agency is required to repay an apportionment significant audit exception or to pay a penalty arising from an audit exception, the Superintendent and the Director of Finance, or their designees, jointly shall establish a plan for repayment of state school funds that the local educational agency received on the basis of average daily attendance, or other data, that did not comply with statutory or regulatory requirements that were conditions of the apportionments, or for payment of a penalty arising from an audit exception. A local educational agency shall request a plan within 90 days of receiving the final audit report or review, within 30 days of withdrawing or receiving a final determination regarding an appeal pursuant to subdivision (d), or, in the absence of an appeal pursuant to subdivision (d), within 30 days of withdrawing or receiving a determination of a summary review pursuant to subdivision (d) of Section 41344.1. At the time the local educational agency is notified, the Controller also shall be notified of the plan. The plan shall be established in accordance with the following: (1) The Controller shall withhold the disallowed or penalty amount at the next principal apportionment or pursuant to paragraph (2), unless subdivision (d) of this section or subdivision (d) of Section 41344.1 applies, in which case the disallowed or penalty amount shall be withheld, at the next principal apportionment or pursuant to paragraph (2) following the determination regarding the appeal or summary appeal. In calculating a disallowed amount, the Controller shall determine the total amount of overpayment received by the local educational agency on the basis of average daily attendance, or other data, reported by the local educational agency that did not comply with one or more statutory or regulatory requirements that are conditions of apportionment. (2) If the Superintendent and the Director of Finance concur that repayment of the full liability or payment of the penalty in the current fiscal year would constitute a severe financial hardship for the local educational agency, they may approve a plan of equal annual payments over a period of up to eight years. The plan shall include interest on each year’s outstanding balance at the rate earned on the state’s Pooled Money Investment Account during that year. The Superintendent and the Director of Finance jointly shall establish this plan. The Controller shall withhold amounts pursuant to the plan. (3) If the Superintendent and the Director of Finance do not jointly establish a plan, the Controller shall withhold the entire disallowed amount determined pursuant to paragraph (1), or the penalty amount, at the next principal apportionment. (b) (1) For purposes of computing average daily attendance pursuant to Section 42238.05, a local educational agency’s prior fiscal year average daily attendance shall be reduced by an amount equal to any average daily attendance disallowed in the current year, by an audit or review, as defined in subdivision (e). (2) Commencing with the 1999–2000 fiscal year, this subdivision may not result in a local educational agency repaying more than the value of the average daily attendance disallowed in the audit exception plus interest and other penalties or reductions in apportionments as provided by existing law. (c) Notwithstanding any other law, this section may not be waived under any authority set forth in this code except as provided in this section or Section 41344.1. (d) Within 60 days of the date on which a local educational agency receives a final audit report resulting from an audit or review of all or any part of the operations of the local educational agency, or within 30 days of receiving a determination of a summary review pursuant to subdivision (d) of Section 41344.1, a local educational agency may appeal a finding contained in the final report, pursuant to Section 41344.1. Within 90 days of the date on which the appeal is received by the panel, a hearing shall be held at which the local educational agency may present evidence or arguments if the local educational agency believes that the final report contains any finding that was based on errors of fact or interpretation of law, or if the local educational agency believes in good faith that it was in substantial compliance with all legal requirements. A repayment schedule may not commence until the panel reaches a determination regarding the appeal. If the panel determines that the local educational agency is correct in its assertion, in whole or in part, the allowable portion of any apportionment payment that was withheld shall be paid at the next principal apportionment. (e) (1) As used in this section, “audit or review” means an audit conducted by the Controller’s office, an annual audit conducted by a certified public accountant or a public accounting firm pursuant to Section 41020, and an audit or review conducted by a governmental agency that provided the local educational agency with an opportunity to provide a written response. (2) As used in this section, “local educational agency” includes a charter school. (Amended by Stats. 2015, Ch. 19, Sec. 39. (SB 78) Effective June 24, 2015.)
  163. 41344.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The Education Audit Appeals Panel is created, given powers to hear audit appeals, and authorized to issue regulations and approve certain settlements. Local educational agencies and other parties may use a summary review process with timing and approval conditions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41344.1. (a) The Education Audit Appeals Panel is hereby established as a separate state agency. Its membership shall consist of the Superintendent, the Director of Finance, and the Chief Executive Officer of the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8 or their designees. The panel shall have the authority to expend funds, hire staff, make contracts, sue and be sued, and issue regulations in furtherance of its duties. (b) The panel shall hear appeals filed pursuant to subdivision (d) of Section 41344. The Controller and the Department of Finance shall be a party to all appeals. The department may, at its election, timely intervene as a party in any appeal. The panel shall consider audit appeals pursuant to the administrative adjudication provisions of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code), except that it may adopt regulations specifying special pleadings that shall govern audit appeals. The panel may approve settlements and make findings of fact and interpretations of law. (c) Compliance with all legal requirements is a condition to the state’s obligation to make apportionments. A condition may be deemed satisfied if the panel finds there has been compliance or substantial compliance with all legal requirements. “Substantial compliance” means nearly complete satisfaction of all material requirements of a funding program that provide an educational benefit substantially consistent with the program’s purpose. A minor or inadvertent noncompliance may be grounds for a finding of substantial compliance provided that the local educational agency can demonstrate it acted in good faith to comply with the conditions established in law or regulation necessary for apportionment of funding. The panel may further define “substantial compliance” by issuing regulations or through adjudicative opinions, or both. If the panel finds there has been substantial compliance, the panel may waive or reduce the reimbursement or penalty amount and may also order other remedial measures sufficient to induce full compliance in the future. Other remedial measures may include restoration of a reduction or penalty amount if full compliance is not rendered in the future, ordering special audits, and requiring special training. (d) In addition to the normal appeal process specified above, there is hereby created a voluntary, informal, summary appeals process for noncompliant audit exceptions that clearly constitute substantial compliance as that term is defined in subdivision (c). The summary appeals process shall adhere to all of the following: (1) Requests for summary review shall be made to the executive officer of the panel who may seek comment from the Department of Finance or Superintendent. Summary review shall be sought within 30 days of the date on which a local educational agency receives a final audit report resulting from an audit or review. (2) If the executive officer concludes the conditions for finding substantial compliance are not clearly met or involve substantial questions of fact, the executive officer may deny the request for summary review and the appellant may pursue its claim through the normal appeal process. (3) For appeals in which the total audit exceptions for full repayment or penalty constitute less than 150 units of average daily attendance or the equivalent value of 150 units of average daily attendance, as calculated pursuant to the statewide average local control funding formula rate pursuant to subdivisions (d), (e), and (f) of Section 42238.02 for the corresponding audit year and posted on the department’s internet website, whichever is less, the executive officer may waive or reduce the reimbursement or penalty upon a finding of substantial compliance and that other remedial measures are sufficient to induce full compliance in the future. (4) For appeals in which the total audit exceptions for full repayment or penalty meet or exceed 150 units of average daily attendance or the equivalent value of 150 units of average daily attendance, as calculated pursuant to the statewide average local control funding formula rate pursuant to subdivisions (d), (e), and (f) of Section 42238.02 for the corresponding audit year and posted on the department’s internet website, whichever is greater, the executive officer may waive or reduce the reimbursement or penalty upon a finding of substantial compliance and order other remedial measures that are sufficient to induce full compliance in the future, if the executive officer has the written approval of the Department of Finance and the Superintendent. The executive officer shall provide the details of the proposed settlement and the rationale in writing to the Department of Finance and Superintendent and allow at least 30 days for their review. (5) The right to appeal pursuant to subdivision (d) of Section 41344 is independent of this subdivision and an appellant may pursue the appellant’s appeal under subdivision (b) regardless of the result under this subdivision. A local educational agency that has unresolved audit appeals pursuant to subdivision (d) of Section 41344 pending on January 1, 2003, may file a request for summary review under this subdivision for a period of 60 days after January 1, 2003. (Amended by Stats. 2025, Ch. 8, Sec. 19. (AB 121) Effective June 27, 2025.)
  164. 41344.2.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education may consider and act on written requests to retroactively waive certain Code or Board regulations tied to an apportionment significant audit.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41344.2. Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may consider and act upon requests to retroactively waive any provision of this code or any regulation adopted by the State Board of Education that is the basis of an apportionment significant audit if the request was received in writing by the State Department of Education prior to July 7, 1999. (Added by Stats. 1999, Ch. 646, Sec. 15.6. Effective January 1, 2000.)
  165. 41344.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education may waive Section 60119 in certain cases.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41344.3. Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may, upon a finding that violations were minor or inadvertent and the intent of Section 60119 was substantially met, consider and act upon requests to waive Section 60119 to the extent that a failure to comply with that section would otherwise subject the school district to a repayment due to an apportionment significant audit. The board may act on requests to waive Section 60119 regardless of whether the request was received before or after the effective date of this section. (Added by Stats. 2001, Ch. 574, Sec. 1. Effective October 7, 2001.)
  166. 41344.4.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    A local educational agency does not have to repay certain apportionments tied to a significant audit exception if the county superintendent certifies the exception was corrected or an acceptable correction plan was submitted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41344.4. Notwithstanding any other provision of law, a local educational agency is not required to repay an apportionment based on a significant audit exception related to the requirements specified in paragraphs (1), (2), and (3) of subdivision (b) of Section 14501 if the county superintendent of schools certifies to the Superintendent of Public Instruction and the Controller that the audit exception was corrected by the local educational agency or that an acceptable plan of correction was submitted to the county superintendent of schools pursuant to subdivision (k) of Section 41020. With respect to textbooks and instructional materials, the plan shall be consistent with the requirements of subparagraph (A) of paragraph (2) of subdivision (a) of Section 60119. (Added by Stats. 2004, Ch. 900, Sec. 14. Effective September 29, 2004.)
  167. 41344.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

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    The Vallejo City Unified School District may sell district-owned property and use the proceeds to reduce or retire a specified emergency loan, but only during the stated period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Disbursements by Superintendent of Public Instruction [41330 - 41344.6] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 41344.6. (a) Notwithstanding Sections 17456, 17457, 17462, and 17463, or any other law, from June 1, 2004, to June 30, 2015, inclusive, the Vallejo City Unified School District may sell property owned by the district and use the proceeds from the sale to reduce or retire the emergency loan provided in Section 9 of Chapter 53 of the Statutes of 2004. The sale only of property pursuant to this subdivision is not subject to Section 17459 or 17464. (b) Notwithstanding any other provision of law, from June 1, 2004, to June 30, 2015, inclusive, the Vallejo City Unified School District is not eligible for hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10 of Division 1 of Title 1. (Added by Stats. 2010, Ch. 147, Sec. 1. (AB 1874) Effective January 1, 2011.)
  168. 41352.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3.5. Child Nutrition Allowances [41352 - 41353] ( Article 3.5 enacted by Stats. 1976, Ch. 1010. )

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    The State Department of Education must provide Child Nutrition Program allowances, and program providers must file reimbursement claims by the stated deadlines.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3.5. Child Nutrition Allowances [41352 - 41353] ( Article 3.5 enacted by Stats. 1976, Ch. 1010. ) ## 41352. (a) With the exception of those who receive reimbursement for meals only from the state, the State Department of Education shall make allowances to school food authorities and child care food program sponsors for the Child Nutrition Program on a monthly basis. Program providers shall submit claims to the department within 10 calendar days of the end of each month. Claims submitted after 60 calendar days or more from the end of the period for which reimbursement is claimed shall be invalid. Within 45 calendar days of submission of a valid claim, the State Department of Education shall tender reimbursement. (b) For sponsors of those who receive reimbursement for meals only from the state, the State Department of Education shall make allowances for the Child Nutrition Program on an annual basis. Program providers shall submit claims to the department within 10 calendar days of the end of each state fiscal year. Claims submitted after August 20 of the fiscal year immediately following the year for which reimbursement is claimed shall be invalid. Within 45 calendar days of the claim deadline, the State Department of Education shall tender reimbursement. (Amended by Stats. 1985, Ch. 1546, Sec. 4.)
  169. 41353.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3.5. Child Nutrition Allowances [41352 - 41353] ( Article 3.5 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent of Public Instruction must spend child nutrition funds within set percentage limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 3.5. Child Nutrition Allowances [41352 - 41353] ( Article 3.5 enacted by Stats. 1976, Ch. 1010. ) ## 41353. From funds appropriated for child nutrition the Superintendent of Public Instruction shall make the following expenditures: (a) Not to exceed 20 percent, for state administrative expenses. (b) Not to exceed 80 percent, for distribution to child nutrition entities, as defined by Section 49530.5, which maintain nutrition education programs on a project approval basis pursuant to subdivision (b) of Section 49534 and for expenditure by the Department of Education; provided, however, that of such 80 percent not more than 5 percent thereof shall be used by the department for the development, implementation, supervision, and evaluation of nutrition education programs. (Amended by Stats. 1985, Ch. 1546, Sec. 5.)
  170. 41360.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    Newly organized elementary, high school, or unified school districts may get loans from a state fund if their application is certified and approved, and the money can be used only for listed startup expenses. The Controller must repay half the loan from future apportionments over two fiscal years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41360. (a) Loans may be made from moneys in the Public School District Organization Revolving Fund to newly organized elementary, high school, or unified school districts upon application of the governing board of any such school district, certified by the county superintendent of schools and approved by the Superintendent for use by the school district during the period from the date the action to form the school district was completed and the date the school district becomes effective for all purposes. Money loaned to a school district pursuant to this section shall be used only to meet one or more of the following: (1) The expenses of office rental, office supplies, postage, telephone, and telegraphing. (2) The expenses of necessary elections required by law or authorized by Section 35532. (3) The expenses of employing, the salary of, and necessary travel expenses of officers and necessary clerical help for the governing board of the school district. (b) During each of the two successive fiscal years commencing with the first fiscal year of the existence of the school district for all purposes, the Controller shall deduct from apportionments made to that school district an amount equal to one-half of the amount loaned to that school district under this section and pay the same amount into the Public School District Organization Revolving Fund in the State Treasury. (Amended by Stats. 2016, Ch. 86, Sec. 58. (SB 1171) Effective January 1, 2017.)
  171. 41365.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    This section creates the Charter School Revolving Loan Fund and lets the California School Finance Authority approve and administer loans from it, with repayment taken from future apportionments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41365. (a) The Charter School Revolving Loan Fund is hereby created in the State Treasury. The Charter School Revolving Loan Fund shall be composed of federal funds obtained by the state for charter schools and any other funds appropriated or transferred to the fund through the annual budget process. Funds appropriated to the Charter School Revolving Loan Fund shall remain available for purposes of the fund until reappropriated or reverted by the Legislature through the annual Budget Act or any other act. (b) Commencing with the 2013–14 fiscal year, the administration of the Charter School Revolving Loan Fund shall be transferred to the California School Finance Authority. (c) Upon application and approval by the California School Finance Authority, loans may be made from moneys in the Charter School Revolving Loan Fund to a chartering authority for one or more charter schools, none of which are a conversion of an existing school, or directly to a charter school that qualifies to receive funding pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8 of Division 4 that is not a conversion of an existing school. Money loaned to a chartering authority for a charter school, or directly to a charter school, pursuant to this section shall be used only to meet the purposes of the charter granted pursuant to Section 47605. The loan to a chartering authority for a charter school, or directly to a charter school, pursuant to this subdivision shall not exceed five hundred thousand dollars ($500,000) over the lifetime of the charter school receiving the benefit of the loan. A charter school may receive money obtained from multiple loans made directly to the charter school or to the charter school’s chartering authority from the Charter School Revolving Loan Fund, as long as the total amount received from the fund over the lifetime of the charter school does not exceed five hundred thousand dollars ($500,000). (d) The California School Finance Authority may consider all of the following when making a determination to approve a charter school’s loan application: (1) The soundness of the financial business plans of the applicant charter school. (2) Availability of the charter school of other sources of funding. (3) Geographic distribution of loans made from the Charter School Revolving Loan Fund. (4) The impact that receipt of funds received pursuant to this section will have on the charter school’s receipt of other private and public financing. (5) Plans for creative uses of the funds received pursuant to this section, such as loan guarantees or other types of credit enhancements. (6) The financial needs of the charter school. (e) Priority for loans from the Charter School Revolving Loan Fund shall be given in the following order: (1) To new charter schools for startup costs. (2) Until July 1, 2029, to charter schools that were damaged, destroyed, or closed for 10 or more schooldays as a result of conditions of disaster or of extreme peril in response to which the Governor has proclaimed a state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. (f) (1) Commencing with the first fiscal year following the fiscal year the charter school receives the loan, the Controller shall deduct from apportionments made to the chartering authority or charter school, as appropriate, an amount equal to the annual repayment of the amount loaned to the chartering authority or charter school for the charter school under this section and pay the same amount into the Charter School Revolving Loan Fund in the State Treasury. Repayment of the full amount loaned to the chartering authority or charter school shall be deducted by the Controller in equal annual amounts over a number of years agreed upon between the loan recipient and the state agency authorized to administer the Charter School Revolving Loan Fund and the Charter School Security Fund. (2) Charter schools that meet the priority criteria of paragraph (2) of subdivision (e) may request to start payments no later than the first fiscal year after the most recent full year of operation, subject to the approval of the California School Finance Authority. (3) (A) The number of repayment years pursuant to paragraph (1) shall not exceed five years. (B) Notwithstanding subparagraph (A), the number of repayment years pursuant to paragraph (1) shall not exceed eight years for charter schools that meet the priority criteria of paragraph (2) of subdivision (e). (g) (1) Notwithstanding any other law, a loan may be made directly to a charter school pursuant to this section only in the case of a charter school that is established and operating pursuant to Part 26.8 (commencing with Section 47600) of Division 4. (2) Notwithstanding any other law, in the case of default of a loan made directly to a charter school pursuant to this section, the charter school and the entity managing the charter school, as defined in Section 47604.1, shall be liable for repayment of the loan. (h) The California School Finance Authority may adopt any necessary rules and regulations for the implementation of this section and Sections 41366.6 and 41367. Any regulations adopted pursuant to this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare. (Amended by Stats. 2025, Ch. 776, Sec. 1. (SB 631) Effective January 1, 2026.)
  172. 41366.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Charter schools that borrow from the fund must pay interest in regular installments from their annual apportionment, and the loan rate must not be below 3 percent.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41366.5. (a) Moneys in the Charter School Revolving Loan Fund shall be loaned at (1) the rate paid on moneys in the Pooled Money Investment Account as of the date of disbursement of the funds or (2) a rate equal to 50 percent of the interest rate paid by the state on the most recent sale of state general obligation bonds, computed according to the true interest cost method, whichever is less, except that the rate shall not be set at a rate lower than 3 percent. (b) A charter school shall pay the interest on any loan from the fund in regular installments withdrawn from the annual apportionment the charter school receives. (c) All interest payments shall be paid into the Charter School Security Fund established pursuant to Section 41367. (Amended by Stats. 2025, Ch. 776, Sec. 2. (SB 631) Effective January 1, 2026.)
  173. 41366.6.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The California School Finance Authority must monitor certain loan fund balances, report annually, try to recover losses first, and follow approval and notice steps before any transfer of funds. It also must provide annual fund-condition details and a 2029 report with added loan-expenditure analysis; charter school loan recipients must provide requested information.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41366.6. (a) The California School Finance Authority shall monitor the adequacy of the amount of funds in the Charter School Revolving Loan Fund and report annually to the Department of Finance and the Controller on the need, if any, to transfer funds from the Charter School Security Fund to the Charter School Revolving Loan Fund for the sole purpose of replacing funds lost in the Charter School Revolving Loan Fund due to loan defaults. Before requesting any transfer of funds from the Charter School Security Fund, the California School Finance Authority shall make all reasonable efforts to recover funds directly from the defaulting loan recipient. To the extent that the California School Finance Authority determines that a transfer from the Charter School Security Fund to the Charter School Revolving Loan Fund is necessary, the California School Finance Authority shall obtain approval from the Director of Finance before a transfer of funds is made. Not sooner than 30 days after notification in writing to the Chairperson of the Joint Legislative Budget Committee, the Director of Finance shall direct the Controller to transfer the appropriate amount of funds. (b) (1) By October 1 of each year, and in compliance with Section 9795 of the Government Code, the California School Finance Authority shall provide detailed fund condition information for the Charter School Revolving Loan Fund and the Charter School Security Fund to the Department of Finance, the Assembly Committee on Education, the Senate Committee on Education, the Assembly Budget Subcommittee on Education Finance, the Senate Budget and Fiscal Review Subcommittee on Education, and the Legislative Analyst’s Office. At a minimum, this information shall contain an accounting of actual beginning balances, revenues, itemized expenditures, and ending balances for the prior year, as well as projected beginning balances, revenues, itemized expenditures, and ending balances for the current year and budget year. (2) (A) For the report due by October 1, 2029, the California School Finance Authority shall, in addition to the information required pursuant to paragraph (1), include an analysis and summary of the expenditures of loan funds made by the charter school loan recipient for loans issued on or after July 1, 2026. The analysis and summary shall include, but not be limited to, expenditure information related to facilities, employees, startup costs, equipment, direct services to pupils, and the administration of the loan, as applicable. (B) The California School Finance Authority shall first use information provided by the charter school loan recipient in the charter school’s loan application and in program audits before requesting additional information from the charter school loan recipient. (C) Charter school loan recipients shall provide information requested by the California School Finance Authority in order to meet the requirements of this paragraph. (Amended by Stats. 2025, Ch. 776, Sec. 3. (SB 631) Effective January 1, 2026.)
  174. 41366.7.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

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    The Director of Finance must monitor the Charter School Security Fund and report yearly to the Legislature about whether the interest rate or any part of the default recovery plan should be adjusted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41366.7. The Director of Finance shall monitor the adequacy of the amount of funds in the Charter School Security Fund and report annually to the Legislature on the need, if any, to adjust the interest rate set forth in Section 41366.5 or to revise any other aspect of the default recovery plan. (Added by Stats. 2000, Ch. 586, Sec. 3. Effective January 1, 2001.)
  175. 41367.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section creates the Charter School Security Fund in the State Treasury and transfers its administration to the California School Finance Authority starting with the 2013–14 fiscal year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Loans and Advances [41360 - 41367] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41367. (a) The Charter School Security Fund is hereby created in the State Treasury. (b) Moneys in the fund shall be available for deposit into the Charter School Revolving Loan Fund in case of default on any loan made from the Charter School Revolving Loan Fund. (c) Commencing with the 2013–14 fiscal year, the administration of the Charter School Security Fund shall be transferred to the California School Finance Authority. (Amended by Stats. 2013, Ch. 357, Sec. 16. (SB 97) Effective September 26, 2013.)
  176. 41370.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts, charter schools, and county boards of education must use State School Fund money only for support of their schools for the year, and they may not use certain minimum-funding money for college or university courses beyond high school-diploma limits, except for pupils already enrolled before July 1, 2020.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41370. (a) The governing board of a school district, the governing body of a charter school, and a county board of education shall, except as may otherwise be specifically provided by law, use all money apportioned to the school district, charter school, or county office of education from the State School Fund during any fiscal year exclusively for the support of the school or schools of the school district, charter school, or county office of education for that year. (b) School districts, charter schools, and county offices of education shall not expend funds provided in satisfaction of the state’s minimum funding obligation to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution for courses or instruction offered by private or public colleges or universities beyond that permitted in pursuit of a high school diploma, except for courses or instruction in which pupils are enrolled in before July 1, 2020. (Amended by Stats. 2020, Ch. 24, Sec. 23. (SB 98) Effective June 29, 2020.)
  177. 41371.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A school district may use an unexpended State School Fund balance after the end of a fiscal year to pay outstanding claims against the district or spend it in the next fiscal year, if the schools were maintained for the required or permitted period.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41371. If at the end of any fiscal year during which the schools of a school district have been maintained for the period required or permitted by law, there is standing to the credit of the district an unexpended balance of money received from the State School Fund, it may be expended for the payment of claims against the district outstanding, or it may be expended during the succeeding fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  178. 41372.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    School districts must spend set percentages of current education expense on classroom teacher salaries, with county superintendent review and possible exemptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41372. For purposes of this section: (a) “Salaries of classroom teachers” and “teacher” shall have the same meanings as prescribed by Section 41011 provided, however, that the cost of all health and welfare benefits provided to the teachers by the school district shall be included within the meaning of salaries of classroom teachers. (b) “Current expense of education” means the gross total expended (not reduced by estimated income or estimated federal and state apportionments) for the purposes classified in the final budget of a school district (except one which, during the preceding fiscal year, had less than 101 units of average daily attendance) submitted to and approved by the county superintendent of schools pursuant to Section 42127 for certificated salaries other than certificated salaries for pupil transportation, food services, and community services; classified salaries other than classified salaries for pupil transportation, food services, and community services; employee benefits other than employee benefits for pupil transportation personnel, food services personnel, and community services personnel; books, supplies, and equipment replacement other than for pupil transportation and food services; and community services, contracted services, and other operating expenses other than for pupil transportation, food services, and community services. “Current expense of education,” for purposes of this section shall not include those expenditures classified as sites, buildings, books, and media and new equipment (object of expenditure 6000 of the California School Accounting Manual), the amount expended from categorical aid received from the federal or state government which funds were granted for expenditures in a program not incurring any teacher salary expenditures or requiring disbursement of the funds without regard to the requirements of this section, or expenditures for facility acquisition and construction; and shall not include the amount expended pursuant to any lease agreement for plant and equipment or the amount expended from funds received from the federal government pursuant to the “Economic Opportunity Act of 1964” or any extension of this act of Congress. There shall be expended during each fiscal year for payment of salaries of classroom teachers: (1) By an elementary school district, 60 percent of the district’s current expense of education. (2) By a high school district, 50 percent of the district’s current expense of education. (3) By a unified school district, 55 percent of the district’s current expense of education. If the county superintendent of schools having jurisdiction over the district determines, on the basis of an audit conducted pursuant to Section 41020, that a school district has not expended the applicable percentage of current expense of education for the payment of salaries of classroom teachers during the preceding fiscal year, the county superintendent of schools shall, in apportionments made to the school district from the State School Fund after April 15 of the current fiscal year, designate an amount of this apportionment or apportionments equal to the apparent deficiency in district expenditures. Any amount designated by the county superintendent of schools shall be deposited in the county treasury to the credit of the school district, but shall be unavailable for expenditure by the district pending the determination to be made by the county superintendent of schools on any application for exemption which may be submitted to the county superintendent of schools. If it appears to the governing board of a school district that the application of the preceding paragraphs of this section during a fiscal year results in serious hardship to the district, or in the payment of salaries of classroom teachers in excess of the salaries of classroom teachers paid by other districts of comparable type and functioning under comparable conditions, the board may apply to the county superintendent of schools in writing not later than September 15th of the succeeding fiscal year for exemption from the requirements of the preceding paragraphs of this section for the fiscal year on account of which the application is made. Upon receipt of this application, the county superintendent of schools shall grant the district exemption for any amount that is less than one thousand dollars ($1,000). If the amount is one thousand dollars ($1,000) or greater, the county superintendent of schools may grant an exemption from the requirements for the fiscal year on account of which the application is made. If the exemption is granted by the county superintendent of schools, the designated moneys shall be immediately available for expenditure by the school district governing board. If no application for exemption is made or exemption is denied, the county superintendent of schools shall order the designated amount or amount not exempted to be added to the amounts to be expended for salaries of classroom teachers during the next fiscal year. The county superintendent of schools shall enforce the requirements prescribed by this section, and may adopt necessary rules and regulations to that end. (Amended by Stats. 2002, Ch. 1168, Sec. 18. Effective September 30, 2002.)
  179. 41374.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    Section 41372 does not apply to certain school districts that keep every individual class session at or below the specified pupil limits.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41374. Notwithstanding any other provision of law to the contrary, Section 41372 shall not apply to any elementary school district, high school district, or unified school district, which maintains no individual class session with pupils in attendance exceeding the numbers, for the particular grade levels, following: (a) An elementary school district—twenty-eight (28) pupils. (b) A high school district—twenty-five (25) pupils. (c) A unified school district—twenty-eight (28) pupils in respect to grades kindergarten through 8, inclusive; and twenty-five (25) pupils in respect to grades 9 through 12, inclusive. As used in this section the phrase “individual class session” shall not include any class session held in grades kindergarten through 8, inclusive, in courses in visual and performing arts, industrial arts, and physical education. The phrase shall not include any class session held in grades 9 through 12, inclusive, in courses in commercial arts, visual and performing arts, industrial arts, vocational arts, and physical education. The phrase “individual class session” shall not include any class session held in grades 9 through 12, inclusive, for which two or more individual class groups which come within the descriptions specified by the first paragraph of this section and subdivision (a) or (b), or both, are assembled together in the same room for joint lectures or demonstrations. Notwithstanding the provisions of subdivisions (b) and (c), grades 7, 8, and 9 of a junior high school shall be deemed to be high school grades for purposes of this section. (Amended by Stats. 2001, Ch. 734, Sec. 19. Effective October 11, 2001.)
  180. 41375.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Legislature states that schools should reduce class sizes and pupil-to-teacher ratios, and local school administrative authorities are urged to make every effort toward that goal.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41375. It is the intent and purpose of the Legislature to encourage, by every means possible, the reduction of class sizes and the ratio of pupils to teachers in all grade levels in the public schools, and to urge every effort to this end to be undertaken by the local school administrative authorities. (Amended by Stats. 1994, Ch. 840, Sec. 11. Effective January 1, 1995.)
  181. 41376.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent must calculate certain school enrollment figures and may reduce reported average daily attendance based on excess class sizes, while school districts must report the required data and certify it.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41376. (a) The Superintendent, in computing apportionments and allowances from the State School Fund for the second principal apportionment, shall determine the following for the regular day classes of the elementary schools maintained by each school district: (1) (A) For grades 1 to 3, inclusive, the Superintendent shall determine the number of classes, the number of pupils enrolled in each class, the total enrollment in all such classes, the average number of pupils enrolled per class, and the total of the numbers of pupils which are in excess of thirty (30) in each class. (B) For those school districts that do not have any classes with an enrollment in excess of 32 and whose average size for all the classes is 30.0 or less, there shall be no excess declared. For those school districts that have one or more classes in excess of an enrollment of 32 or whose average size for all the classes is more than 30, the excess shall be the total of the number of pupils which are in excess of 30 in each class having an enrollment of more than 30. (2) For grades 4 to 8, inclusive, the Superintendent shall determine the total number of pupils enrolled, the number of full-time equivalent classroom teachers, and the average number of pupils per each full-time equivalent classroom teacher. The Superintendent shall also determine the excess if any, of pupils enrolled in such grades in the following manner: (A) Determine the number of pupils by which the average number of pupils per each full-time equivalent classroom teacher for the current fiscal year exceeds the greater of the average number of pupils per each full-time equivalent classroom teacher in all the appropriate districts of the state, as determined by the Superintendent for October 30, 1964, or the average number of pupils per each full-time equivalent classroom teacher which existed in the school district on either October 30, 1964, or March 30, 1964, as selected by the governing board of the school district. (B) Multiply the number determined in subparagraph (A) by the number of full-time equivalent classroom teachers of the current fiscal year. (C) Reduce the number determined in subparagraph (B) by the remainder that results from dividing such number by the average number of pupils per each full-time equivalent teacher for October 30, 1964, as determined by the Superintendent in subparagraph (A). (3) The Superintendent shall compute the product obtained by multiplying the excess number of pupils, if any, in paragraph (1) by ninety-seven hundredths. (4) If the school district reports that it has maintained, during the current fiscal year, any classes in which there were enrolled pupils in excess of 30 per class pursuant to paragraph (1), and there is no excess number of pupils computed pursuant to paragraph (2), the Superintendent shall decrease the average daily attendance reported under the provisions of Section 41601 by the product determined pursuant to paragraph (3). (5) If the school district reports that it has maintained, during the current fiscal year, no classes in which there were enrolled pupils in excess of 30 per class determined pursuant to paragraph (1), and there is an excess number of pupils computed pursuant to paragraph (2), the Superintendent shall compute the product obtained by multiplying the excess number of pupils computed pursuant to paragraph (2) by ninety-seven hundredths. The Superintendent shall decrease the average daily attendance reported under the provisions of Section 41601 by the resulting product. (6) If the school district reports that it has maintained, during the current fiscal year, any classes in which there were enrolled pupils in excess of 30 per class determined pursuant to paragraph (1), and there is an excess number of pupils computed pursuant to paragraph (2), the Superintendent shall add to the product determined pursuant to paragraph (3), the product determined pursuant to paragraph (5), and shall decrease the average daily attendance reported under the provisions of Section 41601 by this total amount. (b) The governing board of each school district maintaining elementary schools shall report for the fiscal year 1964–65 and each year thereafter the information required for the determination to be made by the Superintendent pursuant to this section in accordance with instructions provided on forms furnished and prescribed by the Superintendent. Such information shall be reported by the school district together with, and at the same time as, the reports required to be filed for the second principal apportionment of the State School Fund. The forms on which the data and information is reported shall include a certification by the superintendent of each school district or its chief administrative officer that the data is correct and accurate for the period covered, according to his or her best information and belief. (c) For purposes of this section, a “full-time equivalent classroom teacher” means an employee of an elementary, high school, or unified school district, employed in a position requiring certification qualifications and whose duties require him to teach pupils in the elementary schools of that district in regular day classes for the full time for which he is employed during the regular schoolday. In reporting the total number of full-time equivalent classroom teachers, there shall be included, in addition to those employees defined above, the full-time equivalent of all fractional time for which employees in positions requiring certification qualifications are required to devote to teaching pupils in the elementary schools of the district in regular day classes during the regular schoolday. (d) For purposes of this section, the number of pupils enrolled in each class means the average of the active enrollment in that class on the last teaching day of each school month that ends before April 15 of each school year. (e) This section shall not be applicable to school districts with less than 101 units of average daily attendance for the current fiscal year. (f) The Superintendent shall adopt rules and regulations that he or she may deem necessary for the effective administration of this section. Those rules and regulations may specify that no decrease in average daily attendance reported under the provisions of Section 41601 shall be made for a school district on account of large classes due to instructional television or team teaching, which may necessarily involve class sizes at periods during the day larger than the standard set forth in this section. (Amended by Stats. 2015, Ch. 19, Sec. 40. (SB 78) Effective June 24, 2015.)
  182. 41376.1.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent must calculate a reduction to a school district’s local control funding formula entitlement under specified conditions starting in the 2013–14 fiscal year.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41376.1. (a) Commencing with the 2013–14 fiscal year, until the Superintendent determines that a school district is funded pursuant to Section 42238.02, and notwithstanding the requirement to decrease average daily attendance pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 41376 and subdivision (e) of Section 41378, the Superintendent shall compute a reduction to the school district local control funding formula entitlement pursuant to Section 42238.02, as implemented by Section 42238.03, for the specified school year by the sum of the following: (1) (A) Multiply the sum of the products obtained in subdivision (e) of Section 41378 and paragraph (4) of subdivision (a) of Section 41376 by the grade span adjusted base grant specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (B) Multiply the product obtained in subparagraph (A) by the sum of the entitlements computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42238.03 and paragraph (3) of subdivision (b) of Section 42238.03 for all school districts, divided by the sum of the local control funding formula entitlements computed pursuant to Section 42238.02 for all school districts. (2) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 4 to 6, inclusive, reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (C) Multiply the product obtained in subparagraph (B) by the sum of the entitlements computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42238.03 and paragraph (3) of subdivision (b) of Section 42238.03 for all school districts, divided by the sum of the local control funding formula entitlements computed pursuant to Section 42238.02 for all school districts. (3) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 7 and 8 reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (C) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (C) Multiply the product obtained in subparagraph (B) by the sum of the entitlements computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) of Section 42238.03 and paragraph (3) of subdivision (b) of Section 42238.03 for all school districts, divided by the sum of the local control funding formula entitlements computed pursuant to Section 42238.02 for all school districts. (b) Commencing with the 2013–14 fiscal year, if the Superintendent determines that a school district is funded pursuant to Section 42238.02, and notwithstanding the requirement to decrease average daily attendance pursuant to paragraphs (4), (5), and (6) of subdivision (a) of Section 41376 and subdivision (e) of Section 41378, the Superintendent shall compute a reduction to the school district local control funding formula entitlement pursuant to Section 42238.02 for the specified school year by the sum of the following: (1) Multiply the sum of the products obtained in subdivision (e) of Section 41378 and paragraph (4) of subdivision (a) of Section 41376 by the grade span adjusted base grant specified in subparagraph (A) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (2) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 4 to 6, inclusive, reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (B) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (3) (A) Multiply the product obtained pursuant to paragraph (5) of subdivision (a) of Section 41376 by the average daily attendance for grades 7 and 8 reported by the school district pursuant to Section 41601 for the specified school year divided by the average daily attendance for grades 4 to 8, inclusive, reported by the school district pursuant to Section 41601 for the specified school year. (B) Multiply the product obtained in subparagraph (A) by the grade span adjusted base grant specified in subparagraph (C) of paragraph (1) of subdivision (d) of Section 42238.02, as annually adjusted for cost of living pursuant to paragraph (2) of subdivision (d) of Section 42238.02. (Amended by Stats. 2018, Ch. 32, Sec. 30. (AB 1808) Effective June 27, 2018.)
  183. 41378.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    When calculating second principal apportionments and allowances from the State School Fund, the Superintendent of Public Instruction must calculate specified kindergarten class enrollment figures and reduce reported average daily attendance by a product based on excess pupils.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41378. The Superintendent of Public Instruction, in computing apportionments and allowances from the State School Fund for the second principal apportionment, shall determine the following for the kindergarten classes maintained by each school district maintaining kindergarten classes. (a) The number of pupils enrolled in each kindergarten class, the total enrollment in all such classes, and the average number of pupils enrolled per class. (b) The total number of pupils which are in excess of thirty-three (33) in each class having an enrollment of more than thirty-three (33). (c) The total number of pupils by which the average class size in the district exceeds 31. (d) The greater number of pupils as determined in (b) or (c) above. (e) He shall compute the product obtained by multiplying the excess number of pupils computed pursuant to subdivision (d) of this section by ninety-seven hundredths (0.97). He shall decrease the average daily attendance reported under the provisions of Section 41601 by the resulting product. (Enacted by Stats. 1976, Ch. 1010.)
  184. 41381.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    The State Board of Education may waive minimum schoolday requirements for experimental reading and mathematics programs if the program is approved and the weekly instruction time matches the required amount. Participating districts must test students in the program and in a comparable control group.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41381. The State Board of Education may waive the minimum schoolday requirements of Section 46112 to enable school districts to establish experimental educational programs in reading and mathematics. A waiver shall be granted pursuant to this section only if: (a) The State Board of Education has approved the experimental program. (b) The total weekly minutes of instruction in the experimental program are equivalent to the total number of minutes per week which would be required by Section 46112. Participating school districts shall conduct pretesting and posttesting of pupils enrolled in such experimental educational programs to determine the academic achievement of such pupils. Such tests shall be approved by the State Board of Education. Participating school districts shall also conduct control testing programs of pupils not enrolled in such experimental educational programs. Pupils in the control group shall be selected to be, as nearly as practicable, comparable in ability and socioeconomic background to pupils enrolled in the experimental programs. (Enacted by Stats. 1976, Ch. 1010.)
  185. 41382.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

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    A school principal or governing board may seek an exemption from certain provisions for eligible elementary classes, and the State Board of Education must grant it if the stated educational test is met.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 5. Conditions for Use of Apportionments [41370 - 41382] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41382. The principal of any elementary school maintaining kindergarten classes or regular day classes in grades 1 to 3, inclusive, may recommend to the governing board of the school district, or the governing board may adopt a resolution determining, that an exemption should be granted from any of the provisions of Section 41376, 41378, or 41379 with respect to such classes on the basis that such provisions prevent the school and school district from developing more effective educational programs to improve instruction in reading and mathematics for pupils in the specified classes. Upon approval of such recommendation, or the adoption of such resolution, the governing board shall make application to the State Board of Education on behalf of the school for an exemption for such classes from the specified provisions. The State Board of Education shall grant the application if it finds that the specified provisions of Section 41376, 41378, or 41379 prevent the school from developing more effective educational programs to improve instruction in reading and mathematics for pupils in the specified classes and shall, upon granting the application, exempt the school district from the penalty provision of such sections. (Enacted by Stats. 1976, Ch. 1010.)
  186. 41400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    The Legislature states its intent to improve public education in California by using existing resources more efficiently, discouraging bureaucracy in public schools, and emphasizing the classroom teacher.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41400. It is the intent and purpose of the Legislature to improve public education in California by maximizing the allocation of existing resources, to discourage the growth of bureaucracy in the public schools, and to emphasize the importance and significance of the classroom teacher. (Enacted by Stats. 1976, Ch. 1010.)
  187. 41401.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    This section defines several school-district employee categories and lets the Los Angeles Unified School District include certain additional teachers in the teacher definition for ratio calculations during specified fiscal years.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41401. For the purposes of this article, the following definitions apply: (a) “Administrative employee” means an employee of a school district, employed in a position requiring certification qualifications, who does not come within the definition of a “pupil services employee” or a “teacher.” (b) “Classified employee” means an employee of a school district, employed in a position not requiring certification qualifications. (c) “Pupil services employee” means an employee of a school district, employed in a position requiring a standard designated services credential, health and development credential, or a librarian credential, who performs direct services to pupils. “Pupil services employee” includes, but is not limited to, in-school librarians, school nurses, assistant in-school librarians, audiovisual personnel, counselors, psychologists, psychometrists, guidance and welfare personnel, attendance personnel, school social workers, and all other certificated personnel performing pupil-personnel, health, or librarian services. (d) (1) “Teacher” means an employee of a school district, employed in a position requiring certification qualifications, whose duties require the employee to provide direct instruction to pupils in the schools of that district for the full time for which the employee is employed. “Teacher” includes, but is not limited to, teachers of special classes, teachers of exceptional children, teachers of pupils with physical disabilities, teachers of minors with intellectual disabilities, substitute teachers, instructional television teachers, specialist mathematics teachers, specialist reading teachers, home and hospital teachers, and learning disability group teachers. Instructional preparation time shall be counted as part of the teacher full-time equivalent, including, but not limited to, mentor teacher or department chairperson time. (2) The Los Angeles Unified School District may also include in the definition of “teacher” any of the following when calculating the ratio of administrative employees to teachers calculated pursuant to this article in the 2022–23 to 2024–25 fiscal years, inclusive: (A) Teachers who spend a majority of their time with pupils as intervention specialists. (B) Teachers who spend a majority of their time on a school campus providing training, coaching, or professional development to other teachers. (Amended by Stats. 2022, Ch. 908, Sec. 1. (AB 2038) Effective January 1, 2023.)
  188. 41402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    School districts must keep administrative employee-to-teacher ratios within the listed maximums, with a stated exemption for districts having one or fewer administrators.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41402. The maximum ratios of administrative employees to each 100 teachers in the various types of school districts shall be as follows: (a) In elementary school districts—9. (b) In unified school districts—8. (c) In high school districts—7. This section shall not apply to a school district that has one or fewer administrators. (Amended by Stats. 2005, Ch. 677, Sec. 13. Effective October 7, 2005.)
  189. 41403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent must calculate specified employee counts and ratios for each school district each fiscal year, and no person may be counted as more than one full-time equivalent employee except in stated part-time assignment situations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41403. (a) The Superintendent shall determine, for each current fiscal year, for each school district in the state, to two decimal points, the following: (1) The total number of administrative employees, except those serving in positions that are supported by categorical grants from any source and are in programs that require specific teacher/administrator ratios, or that are supported by federal funds. As to those serving in positions that are not supported completely by these categorical grants from any source or completely by federal funds, the number of administrative employees reported shall include the full-time equivalent of all fractional time attributable to that time not supported by categorical grants or federal funds. (2) The total number of teachers, except those serving in positions that are supported by federal funds or by categorical grants from any source and are in programs that require specific teacher/administrator ratios. As to those serving in positions that are not supported completely by these categorical grants from any source or completely by federal funds, the number of teachers reported shall include the full-time equivalent of all fractional time attributable to that time not supported by categorical grants or federal funds. Substitute teachers may be counted as teachers only if the teacher for whom they are substituting is not counted. In no event shall the number of full-time equivalent teachers reported be greater than the number of full-time equivalent teaching positions in the school district. (3) The total maximum number of administrative employees that should be employed by the school district based upon the application of the appropriate ratio prescribed by Section 41402 to the number of teachers determined pursuant to paragraph (2). (4) The number of administrative employees in excess of the number allowable without penalty as determined by subtracting the number determined pursuant to paragraph (3) from the number determined pursuant to paragraph (1). (b) The number of employees reported pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) shall include the full-time equivalent of all fractional time of those employees. (c) For purposes of determining the allowable ratio of administrative employees to teachers for the Los Angeles Unified School District and the San Diego City School District, the number of employees and the full-time equivalent of all of the fractional time of employees serving the school district in positions mandated as the result of the school district’s court-ordered integration plan is excluded from the numbers identified pursuant to paragraphs (1) to (4), inclusive, of subdivision (a). (d) No individual may be counted as more than one full-time equivalent employee unless the individual is employed on a part-time basis in adult education, driver education, or vocational education, or any part-time or additional teaching assignment, in addition to the individual’s regular full-time assignment. (Amended by Stats. 2022, Ch. 908, Sec. 2. (AB 2038) Effective January 1, 2023.)
  190. 41404.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent must calculate the reduction in state support caused by excess administrative employees using the formula in this section.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41404. (a) The Superintendent shall determine the reduction in state support resulting from excess administrative employees identified in paragraph (4) of subdivision (a) of Section 41403 as follows: (1) Compute the ratio that total state support to the school district general fund bears to the total general fund income of the school district. (2) Multiply the ratio determined pursuant to paragraph (1) by the average salary of administrative employees. (3) Multiply the product of paragraph (2) by the number of administrative employees converted to the nearest whole number in excess of the maximum number specified in Section 41402. (b) The amount of the second principal apportionment made to the school district for the current fiscal year pursuant to Section 41335 shall be reduced by the product so produced. However, no reduction shall reduce the final apportionment below the amount specified in Section 6 of Article IX of the California Constitution. (Amended by Stats. 2022, Ch. 908, Sec. 3. (AB 2038) Effective January 1, 2023.)
  191. 41404.5.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Certain school districts get a temporary exemption from state-support reductions, but they must file specified reports on staffing ratios and progress by set dates.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41404.5. (a) A school district with an average daily attendance of more than 400,000 as of the 2016–17 second principal apportionment shall be exempt from any reduction in state support pursuant to Section 41404 for the 2019–20 fiscal year to the 2021–22 fiscal year, inclusive. A school district subject to this exemption shall submit the following to the Superintendent, the Department of Finance, and the budget committees of both houses of the Legislature: (1) By September 1, 2019, a report containing the administrator-to-teacher ratio calculated pursuant to this article for the 2011–12 fiscal year to the 2019–20 fiscal year, inclusive, a description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils, and a plan setting out goals for meeting the ratio by the 2023–24 fiscal year. (2) By each September 1 from 2020 to 2022, inclusive, a report detailing the administrator-to-teacher ratio calculated pursuant to this article for the prior fiscal year and the progress towards meeting the goals set out in the report provided pursuant to subdivision (a). (b) The Los Angeles Unified School District shall submit the following to the Superintendent, the Department of Finance, and the budget committees of both houses of the Legislature: (1) By September 1, 2023, a report containing the ratio of administrative employees to teachers calculated pursuant to this article for the 2011–12 fiscal year to the 2022–23 fiscal year, inclusive, a description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils and the number of teachers and administrators above the required ratio, and a plan setting out goals for meeting the ratio by the 2025–26 fiscal year. (2) By each September 1 from 2024 to 2025, inclusive, a report detailing the ratio of administrative employees to teachers calculated pursuant to this article, including the number of teachers and administrators above the required ratio, for the prior fiscal year and the progress towards meeting the goals set out in the report provided pursuant to paragraph (1). (c) (1) The Paradise Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 for the 2021–22 fiscal year to the 2023–24 fiscal year, inclusive. (2) (A) The Paradise Unified School District shall be exempt from any reduction in state support pursuant to Section 41404 for the 2024–25 fiscal year to the 2026–27 fiscal year, inclusive. The Paradise Unified School District shall, by September 1, 2026, submit to the Superintendent, the Department of Finance, and the appropriate budget and policy committees of both houses of the Legislature, a report containing all of the following: (i) The administrator-to-teacher ratio calculated pursuant to this article for the 2024–25 fiscal year to the 2026–27 fiscal year, inclusive, including the number of teachers and administrators above the required ratio for the prior fiscal year. (ii) A description of the reasons for not meeting the ratio requirement for each fiscal year in which the ratio was not met, including the estimated impact on pupils. (iii) A plan setting out goals for meeting the ratio by the 2026–27 fiscal year. (iv) The progress towards meeting the ratio by the 2026–27 fiscal year. (B) The report required pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2025, Ch. 193, Sec. 1. (AB 1438) Effective October 1, 2025.)
  192. 41406.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Amounts that would otherwise be allowable from the State School Fund, but are not transferred because of specified sections, must be kept in the General Fund and spent for public school purposes through legislative appropriations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41406. Amounts allowable from the State School Fund but not transferred thereto because of the operation of Section 41404 and the provisions of subdivision (b) of Section 14002, shall be held in the General Fund and shall be expended for public school purposes pursuant to appropriations thereof enacted by the Legislature. (Enacted by Stats. 1976, Ch. 1010.)
  193. 41407.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    A school district is subject to audits under Section 41020, as they relate to Section 41402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41407. Notwithstanding any other provision of law, a school district is subject, with regard to Section 41402, to audits conducted pursuant to Section 41020. (Added by Stats. 2002, Ch. 1168, Sec. 21. Effective September 30, 2002.)
  194. 41409.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent of Public Instruction must calculate specified statewide school-district averages each year and provide them annually to each school district.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41409. (a) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent of Public Instruction shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of administrative personnel, as that term is defined in accounts 1200, 1300, 1700, 1800, and 2200 in Part I of the California School Accounting Manual published by the State Department of Education. For school districts using the Standardized Account Code Structure, the term salaries of administrative personnel are defined in object accounts 1300 and 2300 in Part II of the California School Accounting Manual. The Superintendent of Public Instruction also shall determine the statewide average percentage of school district expenditures that are allocated to the salaries of teachers, as defined in account 1100 in Parts I and II of the California School Accounting Manual. The statewide averages shall be calculated for the following types and sizes of school districts: District ADA Elementary ........................ less than 1,000 Elementary ........................ 1,000 to 4,999 Elementary ........................ 5,000 and greater High School ........................ less than 1,000 High School ........................ 1,000 to 3,999 High School ........................ 4,000 and greater Unified ........................ less than 1,500 Unified ........................ 1,500 to 4,999 Unified ........................ 5,000 to 9,999 Unified ........................ 10,000 to 19,999 Unified ........................ 20,000 and greater (b) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent of Public Instruction shall determine the statewide average salary, by size and type of district, for the following: (1) Beginning, mid-range, and highest salary paid to teachers. (2) Schoolsite principals. (3) District superintendents. (c) The statewide averages calculated pursuant to subdivisions (a) and (b) shall be provided annually to each school district for use in the school accountability report card. (Amended by Stats. 2001, Ch. 734, Sec. 20. Effective October 11, 2001.)
  195. 41409.3.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

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    Most school districts must put a required salary-and-expenditure statement in the school accountability report card, unless they maintain a single school serving kindergarten or grades 1 to 12.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios [41400 - 41409.3] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41409.3. Each school district, except for school districts maintaining a single school to serve kindergarten or any of grades 1 to 12, inclusive, shall include in the school accountability report card required under Section 35256 a statement that shall include the following information: (a) The beginning, median, and highest salary paid to teachers in the district, as reflected in the district’s salary scale. (b) The average salary for schoolsite principals in the district. (c) The salary of the district superintendent. (d) Based upon the state summary information provided by the Superintendent of Public Instruction pursuant to subdivision (b) of Section 41409, the statewide average salary for the appropriate size and type of district for the following: (1) Beginning, midrange, and highest salary paid to teachers. (2) Schoolsite principals. (3) District superintendents. (e) The statewide average of the percentage of school district expenditures allocated for the salaries of administrative personnel for the appropriate size and type of district for the most recent fiscal year, provided by the Superintendent of Public Instruction pursuant to subdivision (a) of Section 41409. (f) The percentage allocated under the district’s corresponding fiscal year expenditure for the salaries of administrative personnel, as defined in Sections 1200, 1300, 1700, 1800, and 2200 of the California School Accounting Manual published by the State Department of Education. (g) The statewide average of the percentage of school district expenditures allocated for the salaries of teachers for the appropriate size and type of district for the most recent fiscal year, provided by the Superintendent of Public Instruction, pursuant to subdivision (a) of Section 41409. (h) The percentage expended for the salaries of teachers, as defined in Section 1100 of the California School Accounting Manual published by the State Department of Education. (Amended by Stats. 1992, Ch. 759, Sec. 12. Effective September 21, 1992.)
  196. 41420.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    School districts generally must keep regular day schools open for at least 175 days in the prior fiscal year to receive certain State School Fund apportionments; if they do not, the Superintendent must withhold part of the payment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 41420. (a) No school district, other than one newly formed, shall, except as otherwise provided in this article, receive any apportionment based upon average daily attendance from the State School Fund unless it has maintained the regular day schools of the district for at least 175 days during the next preceding fiscal year. (b) If any school within a school district fails to maintain its school for the required 175 days, the Superintendent of Public Instruction shall withhold from the district’s apportionment based upon average daily attendance a product of 0.01143 times the district’s apportionment for each additional day the school would have had to maintain operations to meet the 175 day requirement. For the purpose of this subdivision, except as otherwise provided, the State Board of Education shall establish the standards and criteria for defining a day qualifying for the 175-day minimum requirement. (Amended by Stats. 1981, Ch. 569, Sec. 1.)
  197. 41421.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    A school district counts as newly formed until the end of the fiscal year when its formation became effective for all purposes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 41421. A school district is a newly formed district up to the close of the fiscal year in which its formation became effective for all purposes. (Enacted by Stats. 1976, Ch. 1010.)
  198. 41422.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    School districts, county offices of education, and charter schools can receive full apportionment in specified closure situations, but COVID-19 closures are generally excluded except for limited staffing-shortage cases and certain exceptions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 41422. (a) A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days for a school district or county office of education or 175 days for a charter school, or is required to operate sessions of shorter length than otherwise prescribed by law because of fire, flood, earthquake, snowstorm, or epidemic, or because of any order of any military officer of the United States or of the state to meet an emergency created by war, or of any civil officer of the United States, of the state, or of any county, city and county, or city authorized to issue that order to meet an emergency created by war, or because of other extraordinary conditions, or because of inability to secure or hold a teacher, or because of the illness of the teacher, which fact shall be shown to the satisfaction of the Superintendent by the affidavits of the members of the governing board of the school district, the governing board of the county office of education, or the governing board or body of the charter school and of the county superintendent of schools, shall receive the same apportionment from the State School Fund as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school. (b) This section shall also apply to school districts, county offices of education, or charter schools that, in the absence of one or more of the conditions prescribed by this section, would have qualified for funds pursuant to Sections 46200 to 46208, inclusive, or Section 47612.5, as applicable. (c) (1) Notwithstanding the inability to secure or hold a teacher, or because of the illness of the teacher pursuant to subdivision (a), from September 1, 2021, to June 30, 2022, inclusive, with the exception of a school closure for a schoolsite or class that only serves pupils who are individuals with exceptional needs, as defined in Section 56026, whose individualized education program developed pursuant to Article 3 (commencing with Section 56340) of Chapter 4 of Part 30 of Division 4 does not specifically provide for participation in independent study or pupils who are enrolled in community day schools pursuant to Article 3 (commencing with Section 48660) of Chapter 4 of Part 27 of Division 4, a school district, county office of education, or charter school shall not receive the same apportionment from the State School Fund pursuant to this section as it would have received had it not been so prevented from maintaining school for at least 180 full-length days for a school district or county office of education or 175 full-length days for a charter school if the school closure was due to impacts from COVID-19. (2) (A) Notwithstanding paragraph (1), a school district, county office of education, or charter school may still receive credit for instructional days and minutes that were scheduled for in-person instruction, as demonstrated by the governing board or body approved calendar in place before the event, on days in which the school district, county office of education, or charter school was prevented from maintaining school due to the conditions indicated in paragraph (1) provided that instruction was offered to all eligible pupils through independent study pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4 and implementing regulations adopted thereunder. (B) The superintendent of a school district, the county superintendent of schools, or the administrator of a charter school shall certify to the Superintendent to offering all eligible pupils instruction through independent study pursuant subparagraph (A). (3) Notwithstanding paragraph (1), from September 1, 2021, to June 30, 2022, inclusive, a school district, county office of education, or charter school may receive the same apportionment from the State School Fund pursuant to this section for school closures related to impacts from COVID-19 due to COVID-19 related staffing shortages if the following conditions are established to the satisfaction of the Superintendent by affidavits of the members of the governing board or body of the school district, county office of education, or charter school and the county superintendent of schools: (A) The school district, county office of education, or charter school is unable to provide in-person instruction to pupils due to staffing shortages as a result of staff quarantine due to exposure to, or infection with, COVID-19 pursuant to local or state public health guidance. (B) For certificated staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all certificated staff and substitute teacher options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (C) For classified staff shortages, the school district, county office of education, or charter school has exhausted all options for obtaining staff coverage, including using all staff options, and has consulted with their county office of education and the Superintendent in determining that staffing needs cannot be met through any option. (Amended by Stats. 2024, Ch. 477, Sec. 1. (SB 1429) Effective January 1, 2025.)
  199. 41423.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    Money may not be apportioned to a district for the excess cost of educating pupils in a 24-hour elementary school unless the school meets the Superintendent of Public Instruction’s requirements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 41423. No money shall be apportioned to a district for the excess cost of educating pupils in a 24-hour elementary school of the district unless such school has met the requirements of the Superintendent of Public Instruction based upon educational standards and standards established by state agencies authorized by law to inspect or supervise child-caring institutions. (Enacted by Stats. 1976, Ch. 1010.)
  200. 41450.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The Superintendent of Public Instruction is authorized to provide assistance and guidance to school districts and county offices of education experiencing severe financial difficulty, but only on fiscal concerns covered by standards and criteria adopted under Section 33127.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 65001] ( Title 2 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 3. LOCAL ADMINISTRATION [35000 - 45500] ( Division 3 enacted by Stats. 1976, Ch. 1010. ) ## PART 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3. State School Fund [41300 - 41455] ( Heading of Chapter 3 amended by Stats. 1979, Ch. 373. ) ## ARTICLE 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 41450. The Legislature finds that each year one or more school districts or county offices of education experience severe financial difficulty. In some cases these school districts or county offices of education request emergency apportionments from the state under the provisions of Article 2 (commencing with Section 41320). In order to reduce the need for these apportionments, it is the intent of the Legislature that the Superintendent of Public Instruction be authorized to provide assistance and guidance to school districts and county offices of education that are experiencing severe financial difficulty. That assistance and guidance shall be limited to the fiscal concerns addressed by the standards and criteria adopted pursuant to Section 33127. (Added by Stats. 1988, Ch. 1462, Sec. 1.15.)

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