Education Code — Part 23 | EDC — United States — California law | Esheria

Education Code

Part 23 of 57 · provisions 4,401–4,600

This section says the code is called the Education Code.

Jurisdiction
United States — California
Instrument
Code
Citation
EDC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
403(b) products AED maintenance AED procurement Apportionments Bond financing CEQA compliance COVID-19 temporary waiver CPR training Cal Grant CalFresh enrollment District formation District reorganization EEO planning Education Protection Account English acquisition English language development English language education English language instruction English language learning English language tutoring English learner instruction English learner reporting English learner services English learner support +8,535 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Education Code

Showing 200 of 11,236

  1. 41455.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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. )

    Verify source ↗

    After advice from the Controller, the Superintendent of Public Instruction may contract with qualified consultants to examine the financial problems of distressed county offices of education and 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 7. Conditions Disqualifying School Districts from Apportionments [41420 - 41455] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 41455. After receiving the advice of the Controller, the Superintendent of Public Instruction is authorized pursuant to Section 41450 to contract with consultants possessing financial and administrative expertise, including county offices of education, to examine the financial problems of county offices of education and school districts that are identified as being in severe financial difficulty. The examination shall result in a written report to the Superintendent of Public Instruction regarding financial problems identified and recommendations on ways to alleviate them, which report shall be presented at a public meeting of the governing board of each of the school districts and county offices of education. (Added by Stats. 1988, Ch. 1462, Sec. 1.16.)
  2. 41470.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. )

    Verify source ↗

    The West Contra Costa Unified School District may use excess real property and facilities, but the proceeds must go only to repaying specified General Fund loans, and certain state-encumbered properties cannot be used.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## 41470. Notwithstanding any other provision of law, the West Contra Costa Unified School District is authorized to lease, rent, sell, or otherwise utilize, excess school district real properties and facilities, the proceeds of which shall be used for the exclusive and sole purpose of repaying specified loans from the General Fund. Those properties may include the properties identified by prior resolution of the Richmond Unified School District. No real properties upon which state funds have been expended for acquisition or construction of new, or renovation of existing, structures for which an encumbrance to the state is currently in effect, may be used for this purpose. Any proposed utilization of school district properties or facilities shall be specified in a general district plan that is part of the financial recovery plan developed by the district pursuant to Section 41327. (Added by Stats. 1993, Ch. 57, Sec. 4. Effective June 30, 1993.)
  3. 41471.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. )

    Verify source ↗

    This section identifies the loan obligations covered by the chapter and states that two Richmond Unified School District loans are consolidated into one debt, with interest rules specified for different periods.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## 41471. (a) The loan obligations to which this chapter applies are as follows: (1) The loan of nine million five hundred twenty-five thousand dollars ($9,525,000) made to the Richmond Unified School District from the General Fund as an emergency apportionment pursuant to Chapter 171 of the Statutes of 1990, less any principal payments made prior to enactment of this bill. (2) The loan of nineteen million dollars ($19,000,000) to the Richmond Unified School District, made pursuant to the May 2, 1991, order of the Superior Court of Contra Costa County. (3) Interest charges through January 31, 1993, at the rates established by the initial loan agreements or legislation, as reflected in the repayment schedule specified in paragraph (b) of Section 41472. Interest charges beginning February 1, 1993, apply at a rate equal to the daily investment rate of the Pooled Money Investment Account on January 1, 1993. (b) The loans specified in paragraphs (1) and (2) of subdivision (a) are hereby consolidated into one outstanding debt in the amount of twenty-eight million five hundred twenty-five thousand dollars ($28,525,000), less any principal payments made prior to enactment of this bill. (Added by Stats. 1993, Ch. 57, Sec. 4. Effective June 30, 1993.)
  4. 41472.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. )

    Verify source ↗

    The school district may prepay its loan without prepayment penalties, but it must repay the remaining debt on the stated schedule, with interest, and the Controller handles defaults by withholding payments if a scheduled payment is late by 60 days.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## 41472. (a) The school district may prepay its loan obligation without incurring any prepayment penalties. (b) (1) The minimum payment on the consolidated debt shall be determined according to the following payment schedule: Due Date Payment Amount 2/1/93 $ 0 2/1/94 0 2/1/95 5,570,443 2/1/96 1,870,443 2/1/97 1,870,443 2/1/98 5,570,443 ————— (2) The debt remaining after the school district’s 1998 payment shall be repaid as a straight-line loan amortized over a 20-year term. This amount shall be repaid by the school district, plus interest calculated at a rate equal to the rate earned by the Pooled Money Investment Account on the date the act that adds this paragraph is chaptered, for a period not to exceed 20 years. (c) If payment is not made within 60 days after the scheduled date, the Controller shall pay the defaulted loan payment of principal and interest by withholding that amount from the next available payment that would otherwise be made to the county treasurer on behalf of the district pursuant to Section 14041 of the Education Code. However, subject to the approval of the Department of Finance, the amount withheld may be in monthly amounts as determined by an agreement between the West Contra Costa Unified School District and the Controller during the period beginning with the next available apportionment through the month preceding the next scheduled payment. (d) The Director of the Department of Finance may, upon the request of the Superintendent of Public Instruction, amend the payment schedule set forth in subdivision (b) if the director concludes that the amendment is warranted and is in the best interests of both the state and the West Contra Costa Unified School District education program. Upon that determination, the director shall notify the Joint Legislative Budget Committee that the payment schedule will be changed on the date that is 90 days from the date of notification if the Legislature is in session, unless the Joint Legislative Budget Committee takes appropriate action to preclude that change. If the 90-day period ends during a recess of the Legislature or while the Legislature is not in session, the 90-day period shall be extended until the Legislature reconvenes. Amendments to the repayment schedule shall defer the unpaid portion of a repayment of the earliest fiscal year in which no other repayment is scheduled. Interest shall accrue on the unpaid portion of a repayment from the scheduled due date until the time the payment is actually made. The interest charge shall be the same rate as specified in Section 41471. (e) If the district is able to sell properties in advance of any of the obligations contained in the schedule set forth in subdivision (b), the scheduled interest cost shall be reduced in accordance with any prepayments that are made. If the repayment schedule is amended pursuant to subdivision (d), all proceeds from any properties sold in advance of any of the obligations shall be used as prepayment on the schedule. (Amended by Stats. 1997, Ch. 950, Sec. 2. Effective January 1, 1998.)
  5. 41473.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. )

    Verify source ↗

    The district is exempt from certain statutory conditions on selling, using, or transferring public agency land and property until the specified loans are repaid.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## 41473. Any and all provisions of statute that impose a condition on the sale, use, or transfer of public agency lands and properties as they would apply to the actions of the West Contra Costa Unified School District, including, but not limited to, Sections 17732 and 39363, pertaining to the use of schoolsite sale proceeds, and Section 39363.5 and Section 54222 of the Government Code pertaining to priority offerings of public lands for public purposes, are hereby waived until the loans identified in this article are repaid. This waiver authority does not extend to any real properties upon which state funds have been expended for acquisition or construction of new, or renovation of existing, structures for which an encumbrance to the state is currently in effect. (Added by Stats. 1993, Ch. 57, Sec. 4. Effective June 30, 1993.)
  6. 41474.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. )

    Verify source ↗

    A school district may ask the Director of Finance to change the interest rate on remaining emergency apportionment balances, and the Director must make that change after receiving the 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District [41470 - 41474] ( Chapter 3.1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## ARTICLE 1. Repayment of Loan Obligations [41470 - 41474] ( Article 1 added by Stats. 1993, Ch. 57, Sec. 4. ) ## 41474. Notwithstanding Sections 41471 and 41472, the school district may submit a request to the Director of Finance to have the interest rate on the remaining outstanding balance of its emergency apportionments changed to reflect the investment rate of the Pooled Money Investment Account as reported by the State Controller’s office for the immediately preceding fiscal year. Upon receipt of the request, the Director of Finance shall change the interest rate pursuant to this section. A change in the interest rate does not change other terms of the repayment schedule. (Amended by Stats. 2004, Ch. 52, Sec. 11. Effective June 21, 2004.)
  7. 41480.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 1. Educator Effectiveness Block Grant [41480- 41480.] ( Article 1 added by Stats. 2021, Ch. 44, Sec. 22. )

    Verify source ↗

    The Superintendent must apportion Educator Effectiveness Block Grant funds to eligible local educational agencies, and recipients must use the money for specified professional learning and related reporting 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 1. Educator Effectiveness Block Grant [41480- 41480.] ( Article 1 added by Stats. 2021, Ch. 44, Sec. 22. ) ## 41480. (a) (1) The sum of one billion five hundred million dollars ($1,500,000,000) is hereby appropriated from the General Fund to the Superintendent for the Educator Effectiveness Block Grant. The Superintendent shall apportion these funds to school districts, county offices of education, charter schools, and the state special schools in an equal amount per full-time equivalent certificated staff, which shall not exceed the total certificated staff count, and full-time equivalent classified staff count, for each eligible local educational agency, in the 2020–21 fiscal year. The Superintendent shall make the calculations pursuant to this section using the data submitted through the California Longitudinal Pupil Achievement Data System and classified staff data submitted through the California Basic Educational Data System as of October 2020. (2) A school district, county office of education, charter school, or state special school may expend the funds received pursuant to this subdivision from the 2021–22 fiscal year to the 2025–26 fiscal year, inclusive. School districts, county offices of education, charter schools, and state special schools shall coordinate the use of any federal funds received under Title II of the federal Every Student Succeeds Act of 2015 (Public Law 114–95) to support teachers and administrators with the expenditure of funds received pursuant to this subdivision. (3) It is the intent of the Legislature that the Educator Effectiveness Block Grant support increased educator access to standards-aligned professional support for high-need areas of instruction, including, but not limited to, English language instruction, inclusive special education, early childhood education, and science, technology, engineering, and mathematics (STEM) instruction, including, but not limited to, computer science. (b) A school district, county office of education, charter school, or state special school shall expend funds apportioned pursuant to this section to provide professional learning for teachers, administrators, paraprofessionals who work with pupils, and classified staff that interact with pupils, with a focus on any of the following areas: (1) Coaching and mentoring of staff serving in an instructional setting and beginning teacher or administrator induction, including, but not limited to, coaching and mentoring solutions that address a local need for teachers that can serve all pupil populations with a focus on retaining teachers, and offering structured feedback and coaching systems organized around social-emotional learning, including, but not limited to, promoting teacher self-awareness, self-management, social awareness, relationships, and responsible decisionmaking skills, improving teacher attitudes and beliefs about one’s self and others, and supporting learning communities for educators to engage in a meaningful classroom teaching experience. (2) Programs that lead to effective, standards-aligned instruction and improve instruction in literacy across all subject areas, including English language arts, history-social science, science, technology, engineering, mathematics, computer science, and preschool learning foundations. This may include coursework that would allow existing staff to become credentialed, fully credentialed for their assignment, or meet the requirements of subdivision (g) of Section 48000. (3) Practices and strategies that reengage pupils and lead to accelerated learning. (4) Strategies to implement social-emotional learning, trauma-informed practices, suicide prevention, access to mental health services, and other approaches that improve pupil well-being. (5) Practices to create a positive school climate, including, but not limited to, restorative justice, training around implicit bias, providing positive behavioral supports, multitiered systems of support, transforming a schoolsite’s culture to one that values diverse cultural and ethnic backgrounds, and preventing discrimination, harassment, bullying, and intimidation based on actual or perceived characteristics, including disability, gender, gender identity, gender expression, language, nationality, race or ethnicity, religion, or sexual orientation. (6) Strategies to improve inclusive practices, including, but not limited to, universal design for learning, best practices for early identification, and development of individualized education programs for individuals with exceptional needs. (7) Instruction and education to support implementing effective language acquisition programs for English learners, which may include integrated language development within and across content areas, and building and strengthening capacity to increase bilingual and biliterate proficiency. (8) New professional learning networks for educators not already engaged in an education-related professional learning network to support the requirements of subdivision (c). (9) Instruction, education, and strategies to incorporate ethnic studies curricula adopted pursuant to Section 51226.7 into pupil instruction for grades 7 to 12, inclusive. (10) Instruction, education, and strategies for certificated and classified educators in early childhood education, or childhood development. (11) (A) Strategies to improve beginning teacher retention and support through teacher induction programs, including mentor training, stipends for mentor teachers, beginning teacher induction program costs following initial preparation, the examination or assessment fee for one administration of the reading instruction competence assessment or a teaching performance assessment, training mentors to support candidates in completing a performance assessment or reading instruction competence assessment, or contracting with commission-approved preliminary teacher preparation programs to provide mentoring support for the completion of required assessments. (B) Funding apportioned pursuant to this section that is used to improve beginning teacher retention and support through teacher induction programs consistent with subparagraph (A), shall supplement and not supplant funding already provided by grant recipients for similar purposes. (c) To ensure professional development meets educator and pupil needs, local educational agencies are encouraged to allow schoolsite and content staff to identify the topic or topics of professional learning. Reasonably related costs of providing and attending professional learning, including, but not limited to, travel, per diem reimbursement, and substitute costs, are allowable expenditures of funds apportioned pursuant to this section. Professional learning provided pursuant to this section shall do both of the following: (1) Be content focused, incorporate active learning, support collaboration, use models of effective practice, provide coaching and expert support, offer feedback and reflection, and be of sustained duration. (2) As applicable, be aligned to the academic content standards adopted pursuant to Sections 51226, 60605, 60605.1, 60605.2, 60605.3, 60605.4, 60605.8, and 60605.11, and the model curriculum adopted pursuant to Section 51226.7, as those sections read on June 30, 2020, and former Section 60605.85, as that section read on June 30, 2014. (d) As a condition of receiving funds apportioned pursuant to this section, a school district, county office of education, charter school, or state special school shall do all of the following: (1) On or before March 31, 2023, develop and adopt a plan delineating the expenditure of funds apportioned pursuant to this section, including the professional development of teachers, administrators, paraprofessionals, and classified staff. The plan shall be presented in a public meeting of the governing board of the school district, county board of education, or governing body of the charter school, before its adoption in a subsequent public meeting. (2) On or before September 30, 2023, and again on or before September 30, 2026, report detailed expenditure information to the department, including, but not limited to, specific purchases made and the number of teachers, administrators, paraprofessional educators, or classified staff that received professional development. The department shall determine the format for this report. (3) Ensure that none of their local educational agency employees are charged a fee for services allowable under this section, including, but not limited to, beginning teacher induction program costs, during the grant period pursuant to this section. (e) The department shall summarize the information reported pursuant to subdivision (d) and shall submit the summary to the appropriate budget subcommittees and policy committees of the Legislature and to the Department of Finance on or before January 1, 2024, and again on or before November 30, 2026. The department shall determine the format for this report to optimize its production within existing resources, but shall include aggregated information on planned uses of the funds by allowable use and subject area. The report shall be submitted in compliance with Section 9795 of the Government Code. (f) Funding apportioned pursuant to this section is subject to the annual audits required by Section 41020. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, 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 2020–21 fiscal year. (Amended by Stats. 2022, Ch. 52, Sec. 18. (AB 181) Effective June 30, 2022.)
  8. 41490.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 2. Multitiered Systems of Support [41490- 41490.] ( Article 2 added by Stats. 2021, Ch. 44, Sec. 23. )

    Verify source ↗

    This section appropriates funds for school-support grants and related administration, sets spending deadlines, and requires reporting and outcome-data sharing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 2. Multitiered Systems of Support [41490- 41490.] ( Article 2 added by Stats. 2021, Ch. 44, Sec. 23. ) ## 41490. (a) For the 2021–22 fiscal year, the sum of fifty million dollars ($50,000,000) is hereby appropriated from the General Fund to the Superintendent to apportion to the Orange County Department of Education in the manner, and for the purposes, set forth in this section. The Orange County Department of Education shall encumber or expend the funds apportioned pursuant to this subdivision on or before June 30, 2026. (b) The Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, shall award no less than thirty million dollars ($30,000,000) of the amount appropriated in subdivision (a) as grants to local educational agencies for the purpose of funding schoolwide and districtwide implementation of services or practices aligned to the Multi-Tiered Systems of Support framework developed under the “Scale Up MTSS Statewide” (SUMS) project. The grants shall be awarded to local educational agencies on or before December 15, 2021. Any funds not awarded on or before December 15, 2021, shall be available for the Orange County Department of Education, in consultation with the Superintendent and the executive director of the state board, to award as grants to local educational agencies on or before December 15, 2022. (1) Grant funds awarded to local educational agencies shall be used to support the implementation of high quality integrated academic, behavioral, and social-emotional learning practices in an integrated multitiered system of support at the schoolwide level, including, but not limited to, all of the following: (A) Educator and leader training on the foundations of the California Multi-Tiered System of Support framework and practices, as developed by the SUMS project. (B) Ongoing training and coaching support to schoolsite educators and leaders in deepening the implementation of high leverage practices for integrated academic, behavioral, and social-emotional learning across tiers throughout the school community. (C) Ongoing training and support to school and local educational agency leaders in aligning practices, policies, and structures to create and sustain a schoolwide and agencywide integrated multitiered system of support. (D) Establishing school- and local educational agency-level multitiered system of support teams to support implementation efforts. (2) Grants shall be awarded with priority to local educational agencies serving a high number of unduplicated pupils, as defined in Section 42238.02, that have participated in local educational agency-level training to implement an integrated multitiered system of support. (3) Local educational agencies receiving funds shall measure and report on implementation fidelity at least annually using the tools and resources developed by the SUMS project. Data shall be reported to the Orange County Department of Education in a form available to the public. (4) (A) On or before September 30 of each fiscal year until the Orange County Department of Education has fully expended the funds allocated pursuant to this subdivision, the Orange County Department of Education shall submit an annual report to the Superintendent summarizing how it used the funds in the prior fiscal year. The Superintendent shall provide copies of these reports to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the state board, and the Legislative Analyst’s Office. (B) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (c) (1) The Superintendent shall establish a process, in consultation with and subject to the approval of the executive director of the state board, to select a local educational agency, a local educational agency in partnership with an institution of higher education or nonprofit educational service provider, or a consortia, to partner with the Orange County Department of Education and the Butte County Office of Education to expand the state’s capacity to support local educational agencies’ implementation of social-emotional learning, trauma screening, trauma-informed practices, and culturally relevant, affirming, and sustaining practices. The selected entity, known as a partner entity, shall be selected on or before February 15, 2022. No more than twenty million dollars ($20,000,000) of the amount appropriated in subdivision (a) is available for purposes of this subdivision. (2) The partner entity shall have demonstrated expertise in developing and delivering high quality professional learning to educators in social-emotional learning, trauma-informed practices, and culturally relevant, affirming, and sustaining practices in a manner that aligns with local multitiered systems of support. The partner entity shall support the Orange County Department of Education and the Butte County Office of Education in offering high quality professional learning to educators and school leaders by performing all of the following functions: (A) Creating, collecting, and curating resources for educators on social-emotional learning, trauma screening, trauma-informed practices, and culturally relevant, affirming, and sustaining practices. (B) Providing ongoing training and support in the use of trauma screening tools and mental health service referrals, school climate surveys, and the use of tool and survey data. (C) Providing grants to local educational agencies to support both of the following: (i) Convening professional learning communities of educators and school leaders. (ii) Providing ongoing training and coaching to educators and school leaders. (3) In performing the work described in this subdivision, the partner entity, in partnership with the Orange County Department of Education and the Butte County Office of Education, shall, to the extent practicable, leverage current research and work related to how educators and school leaders can best address the social-emotional needs of pupils, and consult with experts in the field on matters related to trauma screening and trauma-informed practices. (4) For purposes of this subdivision, “high quality professional learning” shall include, but not be limited to, professional learning that is content-focused, incorporates active learning using adult learning theory, supports collaboration in job-embedded contexts, uses models and modeling of effective practices, provides coaching and expert support, and offers opportunities for feedback. (d) A local educational agency that receives a grant pursuant to subdivision (b), or high quality professional learning pursuant to subdivision (c), shall, as a condition of receiving the grant or high quality professional learning, provide to the Orange County Department of Education, the Butte County Office of Education, and the department any available outcome data resulting from the practices implemented, and participate in overall program evaluation. (e) The Orange County Department of Education may expend up to one million dollars ($1,000,000) of the amount appropriated pursuant to subdivision (a) to support the administration of grants and provide support to the grantees pursuant to Department of Finance approval of an expenditure plan. The Orange County Department of Education shall not expend moneys pursuant to this subdivision sooner than 30 days after the Department of Finance provides written notification of the approval of the expenditure plan to the Joint Legislative Budget Committee. (f) (1) Any funds set aside pursuant to subdivision (b) that are not awarded on or before December 15, 2022, shall be available for the Orange County Department of Education to provide support to local educational agencies impacted by the fire-related state of emergency proclaimed by the Governor in January 2025 in providing high-quality integrated academic, behavioral, and social-emotional learning practices to pupils and educators. This may include, but is not limited to, any of the following: (A) Training, coaching, and supporting educators on trauma-informed practices, tools, and resources to meet the unique needs of each schoolsite. (B) Grants to schools to support the educational and mental health needs of affected pupils and staff. (C) Scaling up of supports provided by the Los Angeles County Office of Education. (2) Notwithstanding subdivision (e), the Orange County Department of Education may expend up to 15 percent of the amount identified pursuant to this subdivision for administrative costs associated with supporting impacted local educational agencies. (g) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, 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 2020–21 fiscal year. (Amended by Stats. 2025, Ch. 8, Sec. 20. (AB 121) Effective June 27, 2025.)
  9. 41540.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. )

    Verify source ↗

    This section creates the targeted instructional improvement block grant and requires the Superintendent to apportion funds to school districts starting in the 2005–06 fiscal year. Certain school districts may spend the funds only for uses authorized by the listed programs, and some charter schools keep a right to receive a share of funding if 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. ) ## 41540. (a) There is hereby established the targeted instructional improvement block grant. Commencing with the 2005–06 fiscal year, the Superintendent shall apportion block grant funds to a school district in the same relative statewide proportion that the school district received in the 2003–04 fiscal year for the programs listed in Section 41541. (b) If a school district is not in violation of a court order regarding desegregation, the school district may expend funds received pursuant to this article for any purpose authorized by the programs listed in Section 41541 as the statutes governing those programs read on January 1, 2004. (c) For purposes of this article, “school district” includes a county office of education if county offices of education are eligible to receive funds for the programs that are listed in Section 41541. The block grant of a county office of education shall be based only on those programs for which it was eligible to receive funds in the 2003–04 fiscal year. (d) A school that received funding in the 2000–01 fiscal year, or any fiscal year thereafter, from a desegregation program or a targeted instructional improvement grant program pursuant to Chapter 2.5 (commencing with Section 54200) of Part 29, that was allocated by a school district as part of a court-ordered desegregation program before the school converted to a charter school, shall continue to receive its proportionate share of funding from the school district through the block grant established pursuant to this section if all of the following conditions are met: (1) The charter school continues to serve the same general population. (2) The charter school implements the intended goals of the court order. (3) The court order remains in effect. (e) On and after July 1, 2006, subdivision (d) shall not apply to charter schools that receive funds through the Charter School Categorical Block Grant established pursuant to Section 47634.1. (Amended by Stats. 2006, Ch. 730, Sec. 10.5. Effective January 1, 2007.)
  10. 41541.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. )

    Verify source ↗

    The targeted instructional improvement block grant must include funding previously apportioned to school districts before January 1, 2005, for specified 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. ) ## 41541. The targeted instructional improvement block grant shall include funding apportioned to school districts prior to January 1, 2005, for purposes of the following programs: (a) Targeted instructional improvement as set forth in Chapter 2.5 (commencing with Section 54200) of Part 29. (b) Supplemental grants as set forth in Article 9 (commencing with Section 54760) of Chapter 9 of Part 29. (Added by Stats. 2004, Ch. 871, Sec. 7. Effective January 1, 2005.)
  11. 41542.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. )

    Verify source ↗

    School district funding under this article must be adjusted for inflation and enrollment growth starting with the 2006–07 fiscal year, unless the annual Budget Act says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. ) ## 41542. Commencing with the 2006–07 fiscal year, the amount of funding a school district receives pursuant to this article shall be adjusted for inflation by the amount calculated pursuant to Section 42238.1 and for growth as measured by the regular average daily attendance used to calculate the second principal apportionment for kindergarten and grades 1 to 12, inclusive, unless otherwise provided in the annual Budget Act. (Amended by Stats. 2006, Ch. 371, Sec. 3. Effective September 20, 2006.)
  12. 41543.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. )

    Verify source ↗

    A school district must give first priority to funding court-ordered desegregation program costs when spending funds received under this article, if the order still exists and is in force.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. ) ## 41543. In expending funds received pursuant to this article, a school district shall give first priority to funding the costs of a court-ordered desegregation program if the order exists and is still in force. (Added by Stats. 2004, Ch. 871, Sec. 7. Effective January 1, 2005.)
  13. 41544.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. )

    Verify source ↗

    The Superintendent must calculate state funding apportionments for certain basic aid school districts that received court-ordered pupil transfers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 6. Targeted Instructional Improvement Block Grant [41540 - 41544] ( Article 6 added by Stats. 2004, Ch. 871, Sec. 7. ) ## 41544. (a) For a basic aid school district that was entitled to reimbursement pursuant to former Section 42247.4, as that section read on January 1, 2001, and that received an apportionment pursuant to subdivision (h) of former Section 42247.4, as that section read on January 1, 2001, because a court order directs pupils to transfer to that school district as part of the court-ordered voluntary pupil transfer program, the Superintendent, from the 2001–02 fiscal year to the 2012–13 fiscal year, inclusive, shall calculate an apportionment of state funds for that basic aid school district that provides 70 percent of the school district revenue limit calculated pursuant to former Section 42238, as that section read on January 1, 2013, that would have been apportioned to the school district from which the pupils were transferred for the average daily attendance of any pupils credited under that court order who did not attend the basic aid school district before the 1995–96 fiscal year. (b) For a basic aid school district that was entitled to reimbursement pursuant to former Section 42247.4, as that section read on January 1, 2001, and that received an apportionment pursuant to subdivision (h) of former Section 42247.4, as that section read on January 1, 2001, because a court order directs pupils to transfer to that school district as part of the court-ordered voluntary pupil transfer program, the Superintendent, commencing with the 2013–14 fiscal year, shall calculate an apportionment of state funds for that basic aid school district that provides 70 percent of the school district local control funding formula base grant calculated pursuant to subdivision (d) of Section 42238.02, as implemented by Section 42238.03, for the school district from which the pupils were transferred for the average daily attendance of any pupils credited under that court order who did not attend the basic aid school district before the 1995–96 fiscal year. (c) For purposes of subdivision (b), “basic aid school district” means a school district that does not receive from the state, for any fiscal year in which this section is applied, an apportionment of state funds pursuant to subdivision (o) of Section 42238.02. (Amended by Stats. 2023, Ch. 48, Sec. 22. (SB 114) Effective July 10, 2023.)
  14. 41570.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 7. Low-Performing Students Block Grant [41570- 41570.] ( Article 7 added by Stats. 2018, Ch. 32, Sec. 31.5. )

    Verify source ↗

    This section creates a Low-Performing Students Block Grant, funds it with $300 million for 2018–19, and requires the Superintendent, eligible local educational agencies, and the department to carry out allocation, planning, and reporting 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 7. Low-Performing Students Block Grant [41570- 41570.] ( Article 7 added by Stats. 2018, Ch. 32, Sec. 31.5. ) ## 41570. (a) The Legislature finds and declares all of the following: (1) It is imperative that the state address the persistent academic achievement gap in California’s public schools that has led to inequitable outcomes and opportunities for children. (2) Several factors, including those that are the residual effects of the historical oppression of disempowered communities, contribute to low academic performance. (3) Helping all pupils succeed requires both resources and evidence-based practices to initiate and sustain authentic systemic change. (b) For the 2018–19 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated from the General Fund to the Controller for transfer to Section A of the State School Fund for allocation by the Superintendent to establish the Low-Performing Students Block Grant in the manner and for the purposes set forth in this section. (c) The Low-Performing Students Block Grant is hereby established as a state education funding initiative with the goal of providing grant funds to local educational agencies serving pupils identified as low-performing on state English language arts or mathematics assessments who are not otherwise identified for supplemental grant funding under the local control funding formula or eligible for special education services, as described in subdivision (d). (d) The Superintendent shall allocate an equal amount per pupil during the 2018–19 fiscal year to school districts, county offices of education, and charter schools for pupils meeting all of the following criteria: (1) The pupil does not meet academic achievement standards based on the most recently available results of the California Assessment of Student Performance and Progress, established by Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, in any of the following ways: (A) The pupil does not meet the achievement standard, also referred to as “level 1,” in both English language arts and mathematics. (B) The pupil does not meet the achievement standard, also referred to as “level 1,” in either English language arts or mathematics, and nearly meets the achievement standard, also referred to as “level 2,” in the other subject. (C) The pupil does not meet the achievement standard, also referred to as “level 1,” in either English language arts or mathematics, and does not have a valid score for the other subject. (2) The pupil is not an unduplicated pupil, as defined in Section 42238.02, for the same school year used as the basis for the performance results. (3) The pupil is not a pupil identified for special education services pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), for the same school year used as the basis for the performance results. (e) Block grant funds allocated to eligible school districts, county offices of education, or charter schools pursuant to this section are available for expenditure or encumbrance through the 2020–21 fiscal year and shall be used for evidence-based services that directly support pupil academic achievement, including, but not limited to, professional development activities for certificated staff, instructional materials, or additional supports for pupils. (f) (1) As a condition for receiving grant funds pursuant to this section, a school district, county office of education, or charter school shall develop a plan describing how the funds will increase or improve evidence-based services for the pupils identified pursuant to subdivision (d) to accelerate increases in academic achievement, and how the effectiveness of the services will be measured. The plan shall include information regarding how the services align with and are described in the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5, as applicable. To ensure community and stakeholder input, the plan shall be discussed and adopted at a regularly scheduled meeting of the governing board of the school district, the county board of education, or the governing body of the charter school. (2) Grant recipients shall report to the Superintendent on or before March 1, 2019, regarding the adopted plan to use the grant funds to increase the academic performance of pupils identified pursuant to subdivision (d). On or before November 1, 2021, grant recipients shall report to the Superintendent regarding the implementation of the plan, the strategies used, and whether those strategies increased the academic performance of the pupils identified pursuant subdivision (d). (3) The department shall compile the information reported pursuant to this subdivision and submit reports to the appropriate policy and fiscal committees of the Legislature on or before July 1, 2019, and on or before February 1, 2022, and shall update the state board on the contents of those reports. (g) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2017–18 fiscal year, 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 2017–18 fiscal year. (Added by Stats. 2018, Ch. 32, Sec. 31.5. (AB 1808) Effective June 27, 2018.)
  15. 41580.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 8. College Readiness Block Grant [41580- 41580.] ( Article 8 added by Stats. 2016, Ch. 29, Sec. 9. )

    Verify source ↗

    This section creates the College Readiness Block Grant and sets how the funds must be allocated, used, and reported.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 8. College Readiness Block Grant [41580- 41580.] ( Article 8 added by Stats. 2016, Ch. 29, Sec. 9. ) ## 41580. (a) The sum of two hundred million dollars ($200,000,000) is hereby appropriated from the General Fund to the Superintendent for transfer by the Controller to Section A of the State School Fund for allocation by the Superintendent to establish the College Readiness Block Grant in the manner and for the purposes set forth in this section. (b) The College Readiness Block Grant is hereby established for the purposes of providing California’s high school pupils, particularly unduplicated pupils as defined in Sections 42238.01 and 42238.02, additional supports to increase the number of pupils who enroll at institutions of higher education and complete an undergraduate degree within four years. (c) The Superintendent shall allocate an equal amount per unduplicated pupil enrolled in grades 9 to 12, inclusive, during the 2015–16 fiscal year to school districts, county offices of education, and charter schools. A school district, county office of education, or charter school serving at least one unduplicated pupil in grades 9 to 12, inclusive, during the 2015–16 fiscal year shall receive a total allocation of not less than seventy-five thousand dollars ($75,000). A school district, county office of education, or charter school is eligible for an allocation pursuant to this subdivision only for unduplicated pupils, as defined in Sections 42238.01 and 42238.02, attending a school that is currently accredited or in the process of obtaining accreditation from the Accrediting Commission for Schools, Western Association of Schools and Colleges. These funds are available for expenditure or encumbrance through the 2018–19 fiscal year. (d) Block grant funds apportioned to eligible local educational agencies shall be used for activities that directly support pupil access and successful matriculation to institutions of higher education. Eligible activities may include, but are not limited to, the following: (1) Providing teachers, administrators, and counselors with professional development opportunities to improve pupil A–G course completion rates, pupil college-going rates, and college readiness of pupils, including providing for the development of honors and Advanced Placement courses. (2) Beginning or increasing counseling services to pupils and their families regarding college admission requirements and financial aid programs. (3) Developing or purchasing materials that support college readiness, including materials that support high performance on assessments required for admittance to a postsecondary educational institution. (4) Developing comprehensive advising plans to support pupil completion of A–G course requirements. (5) Implementing collaborative partnerships between high schools and postsecondary educational institutions that support pupil transition to postsecondary education, including, but not limited to, strengthening existing partnerships with the University of California and the California State University to establish early academic outreach and college preparatory programs. (6) Providing subsidies to unduplicated pupils, as defined in Sections 42238.01 and 42238.02, to pay fees for taking Advanced Placement examinations. (7) Expanding access to coursework or other opportunities to satisfy A–G course requirements to all pupils, including, but not necessarily limited to, pupils enrolled in schools identified by the department as high schools with 75 percent or greater enrollment of unduplicated pupils, pursuant to subdivision (g). These opportunities may include, but shall not be limited to, new or expanded partnerships with other secondary or postsecondary educational institutions. (e) As a condition for receiving funds under this article, a school district, county office of education, or charter school shall develop a plan describing how the funds will increase or improve services for unduplicated pupils to ensure college readiness. The plan shall include information regarding how it aligns with the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5. The plan shall also include a description of the extent to which all pupils within the school district, county office of education, or charter school, particularly unduplicated pupils, as defined in Sections 42238.01 and 42238.02, will have access to A–G courses approved by the University of California. In order to ensure community and stakeholder input, the plan shall be discussed at a regularly scheduled meeting by the governing board of the school district, county board of education, or governing body of the charter school and adopted at a subsequent regularly scheduled meeting. (f) As a condition for receiving funds under this article, grant recipients shall report to the Superintendent by January 1, 2017, on how they will measure the impact of the funds received on their unduplicated pupils’ access and successful matriculation to institutions of higher education, as identified within their plan. The department shall compile the information reported pursuant to this subdivision and submit a report to the appropriate policy and fiscal committees of the Legislature on or before April 30, 2017, and shall update the state board on the contents of that report at a regularly scheduled meeting of the state board. (g) The Superintendent shall annually post on the department’s internet website a list of each school with a percentage of unduplicated pupils in grades 9 to 12, inclusive, of at least 75 percent of the school’s total enrollment in grades 9 to 12, inclusive. (h) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2015–16 fiscal year, 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 2015–16 fiscal year. (Amended by Stats. 2020, Ch. 370, Sec. 57. (SB 1371) Effective January 1, 2021.)
  16. 41585.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 8.5. Dual Enrollment Opportunities [41585- 41585.] ( Article 8.5 added by Stats. 2022, Ch. 52, Sec. 21. )

    Verify source ↗

    This section creates a conditional dual-enrollment grant program, sets grant amounts and funding splits, and requires local educational agencies to apply to the 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 8.5. Dual Enrollment Opportunities [41585- 41585.] ( Article 8.5 added by Stats. 2022, Ch. 52, Sec. 21. ) ## 41585. (a) Contingent upon an appropriation by the Legislature in the annual Budget Act or another statute, the department, in consultation with the office of the Chancellor of the California Community Colleges, shall, beginning on or before January 1, 2023, administer a competitive grant program to do all of the following: (1) Enable more local educational agencies to establish either middle college or early college high schools or programs that provide pupils with access to obtain college credits while enrolled in high school. (2) Provide incentives for local educational agencies to establish dual enrollment course opportunities that are consistent with the requirements of Section 76004. (3) Enable local educational agencies with existing middle college or early college high schools or programs or College and Career Access Pathways partnerships established pursuant to Section 76004 to couple robust pupil advising and success supports with dual enrollment opportunities and establish outreach campaigns to promote dual enrollment for new or existing middle college or early college high schools or programs or College and Career Access Pathways partnerships established pursuant to Section 76004. For local educational agencies with College and Career Access Pathways partnerships, outreach shall be focused toward families and pupils who may not be college bound or who are underrepresented in higher education. (b) (1) Of the funds appropriated in support of this grant program, the Superintendent shall provide approved applicants with either or both of the following, as applicable: (A) A one-time grant of up to two hundred fifty thousand dollars ($250,000) to support the costs to plan for, and start up, a middle college or early college high school or program that is located on the campus of a local educational agency, a partnering community college, or other location determined by the local partnership, and that is consistent with the specifications of Chapter 14 (commencing with Section 11300) of Part 7 of Division 1 of Title 1. (B) A one-time grant of up to one hundred thousand dollars ($100,000) to establish a College and Career Access Pathways dual enrollment partnership agreement that is consistent with the requirements of Section 76004 and to enable pupils at the participating high school to access dual enrollment opportunities pursuant to the College and Career Access Pathways partnership agreement. (2) Nothing shall preclude a local educational agency from using any unexpended funds received for the purposes of subparagraph (A) or (B) of paragraph (1) from using those funds to collaborate with their partner community college to access pupil advising and success support services offered by the partner community college district. (3) A local educational agency may request grants from either or both of the opportunities specified in subparagraphs (A) and (B) of paragraph (1). (c) The funds appropriated in the annual Budget Act or other statute for purposes of this section shall be distributed, approximately, in the following manner: (1) Up to 50 percent shall be available for the purposes of subparagraph (A) of paragraph (1) of subdivision (b). (2) Up to 50 percent shall be available for the purposes of subparagraph (B) of paragraph (1) of subdivision (b). (d) (1) A local educational agency seeking a grant under this section shall submit an application to the Superintendent at a time, in a manner, and with any appropriate information, as the Superintendent may reasonably require, including, but not limited to, evidence of an existing or planned partnership with an institution of higher education for the creation of the dual enrollment program. (2) The Superintendent shall give priority to available grant funds to support applications from local educational agencies that display any of the following characteristics: (A) Fifty percent or more of the enrolled pupils at the local educational agency are unduplicated pupils, as defined in Section 42238.02. (B) The local educational agency has a higher than state average dropout rate. (C) The local educational agency has a higher than state average rate of suspension and a higher than state average rate of expulsion. (D) The local educational agency has higher than state average rates of child homelessness, foster youth, or justice-involved youth. (E) The local educational agency has a lower than state average rate of pupils completing all of the A–G courses required to be eligible for admission to the University of California or the California State University. (3) To ensure funds are disbursed in a timely manner, the Superintendent shall begin disbursing funds for approved applicants on or before December 1, 2023. (e) (1) It is the intent of the Legislature that courses offered to high school pupils in dual enrollment programs pursuant to this section are part of structured, well-sequenced pathways and count toward postsecondary certificate or degree requirements, and are counted toward high school graduation requirements in equivalent subject areas. (2) It is the intent of the Legislature that courses offered to high school pupils pursuant to a College and Career Access Pathways partnership agreement established by Section 76004 are part of structured, well-sequenced pathways and consist of transfer-level courses, unless one of the following occurs: (A) The pupil elects to participate in a degree or certificate pathway that is not met with transfer-level courses. (B) The pupil, in mathematics, English, or both, in grade 10 or 11, would warrant access to innovative remediation coursework, as determined by the partnering school district, county office of education, or charter school. The pupil may be placed into an innovative remediation course during their first year of participating in the College and Career Access Pathways partnership agreement as an intervention taken to ensure the pupil is on track to satisfactorily complete state and any local graduation requirements, as determined by the school district, county office of education, or charter school, and is prepared for transfer-level coursework at a community college upon graduation. (f) On or before June 30, 2024, and on or before June 30, 2027, the department shall prepare a summary of how the funds in this section were disbursed and used to further the goals listed in subdivision (a), and shall submit the summary to the Department of Finance, the Joint Legislative Budget Committee, the Senate Committee on Education, the Assembly Committee on Higher Education, and the Assembly Committee on Education. The summary shall include all of the following information: (1) The number of grants awarded, disaggregated by local educational agency. (2) A qualitative description of how the funding was used by local educational agencies to accomplish the goals listed in subdivision (a). (3) The total number of high school pupils by schoolsite enrolled in dual enrollment programs disaggregated by participation in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs. (4) The total number of community college courses by course category taken by pupils participating in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs. (5) The total number of successful course completions by course category disaggregated by participation in middle college high schools or programs, early college high schools or programs, College and Career Access Pathways, and other dual enrollment programs. (6) Course and program outcomes for pupils who were enrolled in dual enrollment programs, disaggregated by grade level, gender, socioeconomic status, race and ethnicity, and other disproportionately impacted groups. (g) It is the intent of the Legislature that, upon the implementation of the California Cradle-to-Career Data System established in Section 10860, future data and outcome reporting on dual enrollment programs shall be linked through, and conducted in accordance with, the privacy requirements of the California Cradle-to-Career Data System. (h) For purposes of this article, “local educational agency” means a school district, charter school, or county office of education. (Amended by Stats. 2023, Ch. 194, Sec. 8. (SB 141) Effective September 13, 2023.)
  17. 41590.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 9. A–G Completion Improvement Grant Program [41590- 41590.] ( Article 9 added by Stats. 2021, Ch. 44, Sec. 24. )

    Verify source ↗

    This section creates the A–G Completion Improvement Grant Program and requires the Superintendent to allocate grant funds to local educational agencies, with reporting and posting 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 3.2. Categorical Education Block Grant Funding [41480 - 41590] ( Chapter 3.2 added by Stats. 2004, Ch. 871, Sec. 7. ) ## ARTICLE 9. A–G Completion Improvement Grant Program [41590- 41590.] ( Article 9 added by Stats. 2021, Ch. 44, Sec. 24. ) ## 41590. (a) For the 2021–22 fiscal year, the sum of five hundred forty-seven million five hundred thirteen thousand dollars ($547,513,000) is hereby appropriated from the General Fund to the Superintendent for allocation for the A–G Completion Improvement Grant Program in the manner and for the purpose set forth in this section. (b) The A–G Completion Improvement Grant Program is hereby established for the purpose of providing additional supports to local educational agencies to help increase the number of California high school pupils, particularly unduplicated pupils, who graduate from high school with A–G eligibility. (c) (1) (A) For the 2021–22 fiscal year, the Superintendent shall allocate three hundred million dollars ($300,000,000) of the sum appropriated pursuant to subdivision (a), in an equal amount for every unduplicated pupil enrolled in grades 9 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the 2020–21 fiscal year Fall 1 Submission to each local educational agency that is identified by the department pursuant to subdivision (h) as having an overall A–G completion rate of less than 67 percent. A local educational agency that is otherwise eligible and is receiving concentration grant funding as of the second principal apportionment certification for the 2020–21 fiscal year shall receive a total allocation under this paragraph of not less than seventy-five thousand dollars ($75,000). These funds are available for expenditure through the 2025–26 fiscal year. On or before September 30, 2026, each local educational agency receiving an allocation pursuant to this subparagraph shall report final expenditures to the department, which shall initiate collection of any unexpended funds. Any local educational agency that does not submit the final expenditure report shall forfeit all funds allocated pursuant to this subparagraph. (B) The allocation under this paragraph shall be known as an A–G Access Grant. (2) (A) For the 2021–22 fiscal year, the Superintendent shall allocate one hundred million dollars ($100,000,000) of the sum appropriated pursuant to subdivision (a), in an equal amount for every unduplicated pupil enrolled in grades 9 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the 2020–21 fiscal year Fall 1 Submission to each local educational agency that is identified by the department pursuant to subdivision (h) as having an overall A–G completion rate of 67 percent or higher. A local educational agency that is otherwise eligible and is receiving concentration grant funding as of the second principal apportionment certification for the 2020–21 fiscal year shall receive a total allocation under this paragraph of not less than seventy-five thousand dollars ($75,000). These funds are available for expenditure through the 2025–26 fiscal year. On or before September 30, 2026, each local educational agency receiving an allocation pursuant to this subparagraph shall report final expenditures to the department, which shall initiate collection of any unexpended funds. Any local educational agency that does not submit the final expenditure report shall forfeit all funds allocated pursuant to this subparagraph. (B) The allocation under this paragraph shall be known as an A–G Success Grant. (d) (1) A–G Access Grants and A–G Success Grants shall be used for activities that directly support pupil access to, and successful completion of, the A–G course requirements. Eligible activities may include, but are not limited to, any of the following: (A) Providing teachers, administrators, and counselors with professional development opportunities to improve the local educational agency’s A–G completion rate. (B) Developing comprehensive advising plans and pupil supports, including tutoring programs, to improve the local educational agency’s A–G completion rate. (C) Expanding access to coursework or other opportunities to satisfy A–G course requirements to all pupils, including, but not necessarily limited to, unduplicated pupils. These opportunities may include, but shall not be limited to, course development, course review, incorporating A–G course requirements into the local educational agency’s graduation requirements, and new or expanded partnerships with other secondary or postsecondary educational institutions. (D) Advanced Placement and International Baccalaureate fees for unduplicated pupils. (2) The Legislature encourages local educational agencies to direct A–G Success Grant funds towards pupils in danger of not achieving a grade of “C” or better in A–G courses. (e) (1) (A) For the 2021–22 fiscal year, the Superintendent shall allocate one hundred forty-seven million five hundred thirteen thousand dollars ($147,513,000) of the sum appropriated pursuant to subdivision (a), in an equal amount for every unduplicated pupil enrolled in grades 9 to 12, inclusive, as reported in the California Longitudinal Pupil Achievement Data System for the 2020–21 fiscal year Fall 1 Submission to each local educational agency. A local educational agency that is otherwise eligible and is receiving concentration grant funding as of the second principal apportionment certification for the 2020–21 fiscal year shall receive a total allocation under this paragraph of not less than seventy-five thousand dollars ($75,000). These funds are available for expenditure through the 2025–26 fiscal year. On or before September 30, 2026, each local educational agency receiving an allocation pursuant to this subparagraph shall report final expenditures to the department, which shall initiate collection of any unexpended funds. Any local educational agency that does not submit the final expenditure report shall forfeit all funds allocated pursuant to this subparagraph. (B) The allocation under this subdivision shall be known as an A–G Learning Loss Mitigation Grant. (2) (A) (i) A–G Learning Loss Mitigation Grants shall be used to allow pupils who receive a grade of “D,” “F,” or “Fail” in an A–G approved course in the spring semester of 2020 or the 2020–21 school year to retake those A–G courses. (ii) The method of offering pupils the opportunity to retake courses provided in clause (i) shall be determined by the local educational agency. (B) If sufficient funds are available after implementing subparagraph (A), a local educational agency may also use grant funds to offer credit recovery opportunities to all pupils to ensure pupils are able to graduate high school on time. (f) A grant recipient shall develop a plan on or before April 1, 2022, describing how the funds received under this section will increase or improve services for unduplicated pupils to improve A–G eligibility, including information about the number of pupils identified for opportunities to retake courses pursuant to paragraph (2) of subdivision (e). The plan shall include information regarding how the plan and described services supplement, and do not supplant, those services identified in the school district’s local control and accountability plan required pursuant to Section 52060, the county superintendent of schools’ local control and accountability plan required pursuant to Section 52066, or the charter school’s local control and accountability plan required pursuant to Section 47605 or 47605.6 and Section 47606.5, and the local educational agency’s learning recovery program plan adopted pursuant to Section 43522. The plan shall also include a description of the extent to which all pupils within the local educational agency, particularly unduplicated pupils, will have access to A–G courses approved by the University of California. In order to ensure community and stakeholder input, the plan shall be discussed at a regularly scheduled meeting by the governing board of the school district, county board of education, or governing body of the charter school and adopted at a subsequent regularly scheduled meeting. The plan adopted by the governing board or body shall be submitted to the Superintendent at the same time as the reported information required pursuant to subdivision (g). (g) A grant recipient shall report to the Superintendent on or before December 31, 2023, on how they are measuring the impact of the funds received under this section on their A–G completion rate, as identified within their plan, and the outcomes based on those measurements. The department shall compile the information reported pursuant to this subdivision and submit a report to the appropriate policy and fiscal committees of the Legislature on or before April 30, 2024, and shall update the state board on the contents of that report at a regularly scheduled meeting of the state board. A grant recipient shall report to the Superintendent on or before August 31, 2026, on final outcomes that measure the impact of the funds received under this section on their A–G completion rate. (h) The Superintendent shall annually post on the department’s internet website in an easily accessible location a list of each local educational agency’s and each individual high school’s A–G completion rate. (i) For purposes of this section, the following definitions apply: (1) “A–G completion rate” means the percentage of pupils who have satisfied the A–G subject matter requirements for admission to the California State University and the University of California with a grade of “C” or better in each of the required courses upon graduation for the prior year. (2) “A–G course” means a course that may be used to satisfy the A–G subject matter requirements for admission to the California State University and the University of California. (3) “A–G eligibility” means the pupil has satisfied the A–G subject matter requirements for admission to the California State University and the University of California with a grade of “C” or better in each of the required courses. (4) “Local educational agency” means a school district, county office of education, or charter school. (5) “Unduplicated pupil” has the same meaning as in Sections 42238.01 and 42238.02. (j) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriation made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the 2020–21 fiscal year, 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 2020–21 fiscal year. (Amended by Stats. 2024, Ch. 38, Sec. 17. (SB 153) Effective June 29, 2024.)
  18. 41600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines how elementary, high school, and unified school districts are treated when calculating State School Fund allowances and 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41600. For the purposes of computing allowances and apportionments from the State School Fund for the advance apportionment, first principal apportionment, and second principal apportionment on the basis of average daily attendance: (a) Each elementary school district shall be deemed to comprise the kindergartens and grades 1 to 8, inclusive, maintained by the district, and the seventh and eighth grades of the district not maintained by the district because of the attendance upon a junior high school of pupils who would otherwise attend upon seventh and eighth grades maintained by the district. (b) Each high school district shall be deemed to comprise all of grades 9 to 12, inclusive, maintained within the high school district whether maintained by a high school district. (c) Each unified school district shall be deemed to be an elementary school district comprising the kindergartens and grades 1 to 8, inclusive, maintained by the district and the seventh and eighth grades of the district not maintained by the district in elementary schools because of the attendance upon a junior high school of pupils who would otherwise attend the seventh and eighth grades maintained in elementary schools by the district, and a high school district comprising all of grades 9 to 12, inclusive. (Enacted by Stats. 1976, Ch. 1010.)
  19. 41601.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and county superintendents must report average daily attendance to the Superintendent, and the statute sets how that attendance is calculated.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41601. For purposes of this chapter, the governing board of each school district shall report to the Superintendent during each fiscal year the average daily attendance of the school district for all full school months during (1) the period between July 1 and December 31, inclusive, to be known as the “first period” report for the first principal apportionment, and (2) the period between July 1 and April 15, inclusive, to be known as the “second period” report for the second principal apportionment. Each county superintendent of schools shall report the average daily attendance for the schools and classes maintained by the county superintendent of schools and the average daily attendance for the county school tuition fund. Each report shall be prepared in accordance with instructions on forms prescribed and furnished by the Superintendent. Average daily attendance shall be computed in the following manner: (a) The average daily attendance in the regular elementary, middle, and high schools, including continuation schools and classes, opportunity schools and classes, and special day classes, maintained by the school districts shall be determined by dividing the total number of days of attendance allowed in all full school months in each period by the number of days the schools are actually taught in all full school months in each period, excluding Saturdays or Sundays, excluding weekend makeup classes pursuant to Section 37223, and excluding weekend and intersession days that generated attendance through an attendance recovery program pursuant to Article 9 (commencing with Section 46210) of Chapter 2 of Part 26 of Division 4. (b) The attendance for schools and classes maintained by a county superintendent of schools and the county school tuition fund shall be reported in the same manner as reported by school districts. The average daily attendance in special education classes operated by county superintendents of schools shall be determined in the same manner as all other attendance under subdivision (a). The average daily attendance in all other schools and classes maintained by the county superintendents of schools shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 70, in the second period by 135, and at annual time by 175. For attendance in special classes and centers pursuant to Section 56364 or Section 56364.2, as applicable, the average daily attendance shall be reported by the county superintendents of schools, but credited for local control funding formula purposes to the school district in which the pupil resides. (c) The days of attendance in classes for adults in correctional facilities shall be reported in the same manner as all other attendance under subdivision (a). The average daily attendance for adults in correctional facilities shall be determined by dividing the total number of days of attendance in all full school months in the first period by a divisor of 85, in the second period by 135, and at annual time by 175. (Amended by Stats. 2025, Ch. 8, Sec. 21. (AB 121) Effective June 27, 2025.)
  20. 41601.3.

    ## 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For continuation education pupils, on-the-job work experience education does not count toward total days of attendance, unless the pupil is 18 or younger or has been continuously enrolled in K–12 since turning 18.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41601.3. Notwithstanding any other provision of law, participation in on-the-job work experience education by a pupil enrolled in continuation education shall not be included in the determination of that pupil’s total days of attendance for the purposes of calculating average daily attendance pursuant to subdivision (a) of Section 41601 unless the pupil is 18 years of age or less or has been continuously enrolled in a kindergarten to grade 12 program since his or her 18th birthday. (Added by Stats. 1993, Ch. 66, Sec. 12. Effective June 30, 1993.)
  21. 41601.5.

    ## 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district may ask the county superintendent of schools to adjust its revenue limit or block grant using annual apportionment attendance figures instead of second principal apportionment figures, if the attendance increase meets the stated 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41601.5. For any fiscal year, a school district with an increase in the number of units of average daily attendance from the second principal apportionment to the annual apportionment may request the county superintendent of schools to adjust the district’s revenue limit or block grant by utilizing the units of average daily attendance for the annual apportionment in lieu of the units of average daily attendance for the second principal apportionment. To qualify for this adjustment, the increase in the units of average daily attendance between the two periods shall meet the following requirements: (a) The increase shall be equal to either paragraph (1) or (2): (1) Equal to or greater than 2 percent. (2) For the 1984–85 fiscal year and each fiscal year thereafter, for school districts with less than 2,501 units of average daily attendance, equal to or greater than 10 units of average daily attendance. (b) The increase shall be attributable to pupils of migrant agricultural workers. (Amended by Stats. 1984, Ch. 910, Sec. 1.)
  22. 41601.6.

    ## 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines key terms and lets up to two local educational agencies seek authorization to run an extended school year program for certain migratory pupils, with funding and reporting 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41601.6. (a) For purposes of this section, the following definitions apply: (1) “Extended school year” means the period of time between the end of one school year and the beginning of the next school year. (2) “Local educational agency” means a school district or county office of education. (3) “Migratory pupil” has the same meaning as “currently migratory child” as defined in subdivision (a) of Section 54441. (4) “School year” means that portion of the school year during which the regular school year is maintained, which must include not less than the number of days required to entitle the school district or county office of education to apportionments of state funds. (b) (1) Commencing on January 1, 2024, to mitigate lost instruction time due to family movement related to migratory agricultural employment, up to two local educational agencies may request authorization from the department to provide an extended school year program to migratory pupils who, due to that family movement, enroll in kindergarten, including transitional kindergarten, or any of grades 1 to 6, inclusive, on or after March 1 of the school year and depart on or before December 1 of the next school year. (2) If more than two local educational agencies request authorization pursuant to paragraph (1), the department shall establish a process to determine the two local educational agencies that will be authorized based on the ability of each local educational agency to provide a high-quality extended school year program consistent with this section. (c) (1) Subject to paragraph (2), a local educational agency authorized to provide an extended school year program pursuant to paragraph (1) of subdivision (b) may receive average daily attendance funding as specified in Section 46300 for those migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b) who are enrolled in the program. Average daily attendance shall also be available from P-2 through June 30 for qualifying migratory pupils. The local educational agency shall report to the department the average daily attendance attributable to those migratory pupils in the school year in which the extended school year program ends. (2) To receive funding pursuant to paragraph (1), the local educational agency shall meet all of the following conditions: (A) Enrollment for the extended school year program is limited to migratory pupils who meet the enrollment parameters described in paragraph (1) of subdivision (b). (B) The days of attendance for the extended school year program are the same length of time as the schoolday for pupils of the same grade level attending summer school in the local educational agency in which the extended school year program is provided, but not less than the minimum schoolday for that grade level. (C) The extended school year program is comparable in standards, scope, and quality to the school year program offered during the regular school year. (D) Instruction for the extended school year program is conducted in-person and is not independent study as specified in Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of Division 4. (3) In addition to the funding described in paragraph (1), the local educational agency may supplement the extended school year program with funding appropriated for migrant children summer school programs pursuant to Section 54444.3 to offer additional days or hours of instruction, if the requirements for the migrant children summer school program are met. (d) Local educational agencies may enter into memoranda of understanding for the purpose of transferring funds generated by the attendance of migratory pupils in multiple school districts to a local educational agency operating a program described in paragraph (1) of subdivision (b). (e) A local educational agency operating a program described in paragraph (1) of subdivision (b) shall annually report to the department, in a form and manner specified by the department, all of the following: (1) The characteristics of pupils enrolled in the program. (2) Academic and other support services provided through the program. (3) Academic and other outcomes for pupils enrolled in the program. (4) The financing for the program, including any other local, state, federal, or nongovernmental funding sources used. (Added by Stats. 2022, Ch. 483, Sec. 2. (AB 1777) Effective January 1, 2023.)
  23. 41601.7.

    ## 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A qualifying school district may ask the county superintendent to adjust its revenue limit or block grant based on annual-apportionment attendance figures for a necessary small high school.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41601.7. A school district with an increase or decrease in the number of units of average daily attendance at a necessary small high school from the second principal apportionment to the annual apportionment may request the county superintendent of schools to adjust the district’s revenue limit or block grant by utilizing the units of average daily attendance for the annual apportionment for the necessary small high school in lieu of the units of average daily attendance for the second principal apportionment. To qualify for this adjustment, the following conditions shall be met: (1) The increase or decrease in the units of average daily attendance between the two periods at the necessary small high school shall be equal to or greater than 15 percent and such increase or decrease shall be attributable to pupils attending a necessary small high school which provides a program of education with individualized instruction in a residential setting at an institution for pupils who have been placed in foster care for rehabilitation purposes pursuant to Chapter 2 (commencing with Section 200) of Part 1 of Division 2 of the Welfare and Institutions Code. (2) The school district reimburses the county superintendent of schools for the administrative costs of making the adjustment prescribed by this section. (Added by Stats. 1980, Ch. 1369, Sec. 1. Effective October 1, 1980.)
  24. 41602.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may, with approval from the Superintendent of Public Instruction, file an estimated attendance report instead of the second period report 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41602. The governing board of a school district affected by fluctuations in enrollments and attendance levels to a degree which will, in all likelihood, result in an actual total of average daily attendance for the fiscal year in excess of that shown in the second period report for the second principal apportionment provided for in Section 41601, may, with the approval of the Superintendent of Public Instruction, submit, in lieu of such second period report, a report of the estimated total average daily attendance for the fiscal year. The report shall be in the form prescribed by the Superintendent of Public Instruction, and shall be utilized for purposes of the second principal apportionment. If the average daily attendance of a district for the period of time between July 1 and June 30 exceeds the estimated total average daily attendance reported under this section, the appropriate increases and decreases in the several categories of attendance for which separate foundation programs are required to be computed shall be brought forward to the corresponding categories of the second period report for the next succeeding fiscal year. In the event the estimated total average daily attendance reported under this section exceeds the actual average daily attendance for the fiscal year, the Superintendent of Public Instruction shall withhold, pursuant to Section 41341, from apportionments made during the succeeding fiscal year, the amount of the excess moneys which may have been apportioned as a result thereof. (Amended by Stats. 1977, Ch. 570.)
  25. 41603.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts’ state equalization aid must be reduced by 50% of miscellaneous funds, with a cap at the aid otherwise payable. The Superintendent of Public Instruction must later adjust apportionments if reported and actual miscellaneous funds differ by $100 or more.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41603. The amounts computed as allowable to any school district for state equalization aid shall be reduced by fifty percent (50%) of miscellaneous funds, as defined in Section 41604. In no event shall the reduction exceed the total amount allowable as equalization aid to the school district for the fiscal year. For such purposes, miscellaneous funds, as defined in Section 41604, received by a unified school district, shall be allocated to the kindergarten and elementary, and high school grades, respectively, on the basis of the proportion of the district’s total average daily attendance in each such grade level, and the provisions of Section 41600 shall be applicable. Should the amount of miscellaneous funds, as defined in Section 41604, actually received by a school district for any fiscal year be more or less than that reported to the Superintendent of Public Instruction, the Superintendent of Public Instruction shall during the fiscal year next succeeding withhold from or add to the apportionment made to the district from the State School Fund the amount of the excess or deficiency in the apportionment of state equalization aid from the State School Fund for the preceding year, if the amount of the excess or deficiency in such apportionment was one hundred dollars ($100) or more. (Enacted by Stats. 1976, Ch. 1010.)
  26. 41604.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    “Miscellaneous funds” means certain district receipts reported by the county superintendent, but it excludes specified federal forest reserve funds, mineral royalties, and certain motor vehicle license fees.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41604. “Miscellaneous funds” as used in Section 41603 means the amount the county superintendent of schools has determined and reported to the Superintendent of Public Instruction, in accordance with regulations the Superintendent of Public Instruction is hereby authorized to adopt, that the district has received and which has been deposited to the credit of the general fund of the district for a fiscal year on account of in-lieu taxes or income from bonuses or royalties. Federal forest reserve funds, potash and potassium royalties received pursuant to United States federal mineral deposits, and motor vehicle license fees distributed pursuant to Section 11003.4 of the Revenue and Taxation Code received by a district shall not be considered miscellaneous funds as defined by this section. (Amended by Stats. 1981, Ch. 714, Sec. 89.)
  27. 41604.5.

    ## 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may settle certain prior-year miscellaneous fund adjustments with a local educational agency when the specified federal funds came in during 1979–80, 1980–81, or 1981–82 as in-lieu-of-taxes funds tied to Redwood National Park expansion.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41604.5. Notwithstanding Section 41341, in order to avoid the cost of litigation to the state, the Superintendent of Public Instruction may negotiate a settlement with any local educational agency regarding prior year adjustments of miscellaneous funds received pursuant to Sections 41603 and 41604, if the funds were federal funds received in the 1979–80, 1980–81, or 1981–82 fiscal year as in-lieu of taxes due to the expansion of the Redwood National Park. (Added by Stats. 1983, Ch. 839, Sec. 1.)
  28. 41605.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When a required computation produces an amount under $1 or certain fractions above $1, the amount is rounded to $1; smaller fractions above $1 are not counted.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41605. If any computation made under, or necessitated by, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive and Sections 46300 to 46305 inclusive, results in an amount which is: (a) Less than one dollar ($1), the amount shall be counted as one dollar ($1). (b) More than one dollar ($1) and includes a fraction of one-half dollar ($0.50) or more, the fraction shall be counted as one dollar ($1). (c) More than one dollar ($1) and includes a fraction of less than one-half dollar ($0.50), the fraction shall not be counted. (Enacted by Stats. 1976, Ch. 1010.)
  29. 41606.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “elementary school district” for specified Education Code provisions and excludes certain districts inside union, joint union, or unified 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41606. The term “elementary school district” as used in Section 41050, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, Sections 46304 and 46305, whichever are in effect, means, unless expressly provided otherwise, each elementary school district which is composed of a single elementary school district and each union elementary school district, joint union elementary school district, or unified school district; and does not include any elementary school district included within a union elementary school district or a joint union elementary school district or a unified school district. (Enacted by Stats. 1976, Ch. 1010.)
  30. 41607.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For school-fund allowance and apportionment calculations, certain districts are treated as separate and independent districts, but money for a merged district is paid to the unified school district and may be used by that unified district for all its schools and classes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41607. For the purposes of computation of allowances and apportionments from the State School Fund, under effective sections of this code, each elementary school district as defined by Section 41606, and each high school district merged or otherwise included within a unified school district shall be deemed a separate and independent district, but all apportionments from the State School Fund on account of any district merged or otherwise included within a unified school district shall be made to the unified school district and shall be available for expenditure by the unified school district for all schools and classes of the district. (Enacted by Stats. 1976, Ch. 1010.)
  31. 41608.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When calculating State School Fund allowances or apportionments for high school districts, include attendance only from grades 9 to 12 and from attached ungraded classes tied to a school that maintains grades 9 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 4. State School Fund—Computation of Allowance [41600 - 41608] ( Chapter 4 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. General Provisions [41600 - 41608] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 41608. For purposes of computation of allowances and apportionments from the State School Fund, whenever computations of apportionments based on average daily attendance are made for high school districts only the attendance in all classes of grades 9 to 12, inclusive, and in all types of ungraded classes that have been reported as attached to, or as a part of, a school that maintains any of grades 9 to 12, inclusive, shall be included. (Amended by Stats. 2021, Ch. 666, Sec. 27. (AB 486) Effective January 1, 2022.)
  32. 41760.2.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Computation of District Aid and Areawide Aid [41760.2- 41760.2.] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    County auditors must send specified school-district tax receipt information to the Superintendent of Public Instruction by November 15 each year and again by August 15 after each fiscal year ends, using forms the Superintendent prescribes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Computation of District Aid and Areawide Aid [41760.2- 41760.2.] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 41760.2. On or before November 15 of each year, the county auditor of each county shall furnish to the Superintendent of Public Instruction the calculated amount of secured tax receipts, the calculated amount of unsecured tax receipts, estimated prior year tax receipts, and estimated timber tax receipts of each school district or portion of school district situated within his or her county. On or before August 15, after close of each fiscal year, the county auditor of each county shall furnish to the Superintendent of Public Instruction actual secured tax receipts, actual unsecured tax receipts, actual prior year tax receipts, actual timber tax receipts, and any other appropriate taxes or subventions of each school district or portion of school district situated within his or her county. This information shall be forwarded on forms prescribed by the Superintendent of Public Instruction. (Added by Stats. 1980, Ch. 1354, Sec. 37.7. Effective September 30, 1980.)
  33. 41790.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Basic State Aid for Elementary School Districts [41790- 41790.] ( Article 5 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must allow basic state aid to each elementary school district, based on average daily attendance, with a minimum amount of $2,400 per 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 5. Basic State Aid for Elementary School Districts [41790- 41790.] ( Article 5 enacted by Stats. 1976, Ch. 1010. ) ## 41790. The Superintendent of Public Instruction shall allow one hundred twenty dollars ($120) to each elementary school district for each unit of average daily attendance therein during the fiscal year as computed for the district under Sections 46117 and 46333, but not less than two thousand four hundred dollars ($2,400) shall be allowed to any elementary school district, to be known as basic state aid. (Amended by Stats. 1977, Ch. 894.)
  34. 41800.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Basic State Aid for High School Districts [41800- 41800.] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must give each high school district basic state aid calculated at $120 per unit of average daily attendance, with a minimum of $2,400 per 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Basic State Aid for High School Districts [41800- 41800.] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 41800. The Superintendent of Public Instruction shall allow to each high school district one hundred twenty dollars ($120) for each unit of average daily attendance in the district during the fiscal year as computed under subdivision (a) of Section 41601, subject to the provisions of Section 41608, but not less than two thousand four hundred dollars ($2,400) shall be allowed to any high school district, to be known as basic state aid. The Superintendent of Public Instruction shall exclude from the computation of allowances provided by this section the average daily attendance during the fiscal year of adults, as adults are defined in Section 52610, and of inmates of any state penal institution for adults or of any city, county, or city and county jail, road camp or farm for adults. (Amended by Stats. 1991, Ch. 756, Sec. 7. Effective October 9, 1991.)
  35. 41830.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Adjustment of Allowances [41830- 41830.] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If Article 7 yields no equalization aid for a district’s grade level, the allowable amount is $120 per unit of average daily attendance for the preceding 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Adjustment of Allowances [41830- 41830.] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 41830. Notwithstanding the provisions of Articles 5, 6, and 7 (commencing with Sections 41790, 41800, and 41810, respectively) of this chapter, or any other provision of law to the contrary, if the computation made under Article 7 (commencing with Section 41810) of this chapter for any grade level maintained by a district, results in no allowance of equalization aid for such district for such grade level, the amount allowable therefor to such district under said Articles 5, 6, and 7 (commencing with Sections 41790, 41800, and 41810, respectively) of this chapter, per unit of the particular categories of average daily attendance used for such computations, shall be one hundred twenty dollars ($120) per unit of such average daily attendance during the preceding fiscal year. (Amended by Stats. 1977, Ch. 894.)
  36. 41835.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Continuous School Program [41835- 41835.] ( Article 8.5 repealed and added by Stats. 1987, Ch. 1452, Sec. 333. )

    Verify source ↗

    A school district running a continuous school program is entitled to the same State School Fund support based on average daily attendance as it would get under regular school-year rules, but no more.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8.5. Continuous School Program [41835- 41835.] ( Article 8.5 repealed and added by Stats. 1987, Ch. 1452, Sec. 333. ) ## 41835. Each school district maintaining a continuous school program in any school within the district pursuant to Chapter 3 of Part 22 shall be entitled to receive the same support, but not more support, from the State School Fund due to the average daily attendance at that school that it would have received if the school had been operating under the provisions of law relating to the regular school year, including summer school. (Repealed and added by Stats. 1987, Ch. 1452, Sec. 333.)
  37. 41840.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. )

    Verify source ↗

    A school district or county superintendent of schools may claim average daily attendance for apportionment only for adult classes in correctional facilities that meet Section 41976 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. ) ## 41840. A school district or county superintendent of schools may only claim average daily attendance for apportionment purposes for schools or classes maintained for adults in correctional facilities if those classes meet the requirements of Section 41976. (Amended by Stats. 2021, Ch. 666, Sec. 28. (AB 486) Effective January 1, 2022.)
  38. 41841.5.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. )

    Verify source ↗

    The Superintendent of Public Instruction must allocate funding for certain adult education classes in correctional facilities, and establish minimum standards for those classes.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. ) ## 41841.5. (a) The Superintendent of Public Instruction shall allocate to each school district maintaining a secondary school or county superintendent of schools that offers adult education classes for adults in correctional facilities an amount equal to the actual current expense of the district or county superintendent of schools of maintaining those classes for the fiscal year. The amount so allowed for each unit of average daily attendance in these classes shall in no event exceed the statewide average revenue limit for adults multiplied by 0.8. However, for the 1993–94 and 1994–95 fiscal years, the amount so allowed to a district or county superintendent of schools for each unit of average daily attendance in classes for adults in correctional facilities shall in no event exceed the statewide average revenue limit at which adults in correctional facilities were funded in the 1992–93 fiscal year, as adjusted by any cost-of-living adjustment pursuant to Section 42238.1. For the purposes of this section “correctional facilities” includes any county jail, county industrial farm, or county or joint county road camp. Each school district or county superintendent of schools shall receive advanced apportionments as authorized by Sections 41330, 41332, and 41335 on the basis of the cost data report of the district for the preceding fiscal year and each district or county superintendent of schools shall file a preliminary cost data report based upon estimated current expenses. For purposes of this section, the Superintendent of Public Instruction shall, by rules and regulations, establish minimum standards for the conduct of the adult education classes, including, but not necessarily limited to, attendance requirements and requirements concerning records to be kept and reports to be submitted. (b) There is hereby appropriated from the General Fund to Section A of the State School Fund the following sums for the following fiscal years for the purposes of subdivision (a): (1) For the 1980-81 fiscal year ........................ $1,020,100 (2) For the 1981-82 fiscal year and each fiscal year thereafter ........................ $1,113,000 Commencing with the 1982–83 fiscal year, the amounts in paragraph (2) shall be cumulatively increased by 6 percent, unless otherwise provided by law. Commencing with the 1990–91 fiscal year, the amounts in paragraph (2) shall be increased by the percentage change determined pursuant to subdivision (b) of Section 42238.1. (Amended by Stats. 1993, Ch. 670, Sec. 5. Effective January 1, 1994.)
  39. 41841.6.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. )

    Verify source ↗

    This section caps how much school districts and county education offices may claim or report in average daily attendance for adult education programs in correctional facilities, and it requires documentation when using the extenuating-circumstances adjustment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. ) ## 41841.6. (a) Except as otherwise provided in subdivision (b) of Section 46191, for the 2000–01 fiscal year for purposes of Sections 1909 and 41841.5, in calculating the average daily attendance for schools or classes for adults in correctional facilities, a school district or county board of education may not claim or report any increase in average daily attendance in excess of the average daily attendance claimed and authorized pursuant to this article during the previous fiscal year multiplied by a factor of 1.025 to 1.14, as specified as follows: (1) A school district or county office of education that has not experienced a loss of average daily attendance due to extenuating circumstances may not claim or report an increase in average daily attendance in excess of that authorized pursuant to this article during the previous fiscal year multiplied by 1.025. (2) A school district that experienced a loss of units of average daily attendance due to extenuating circumstances may not claim or report an increase in average daily attendance in excess of that authorized pursuant to this article during the previous fiscal year multiplied by a factor equivalent to the number derived by adding 1.025 to the extenuating circumstances factor, as defined pursuant to paragraph (3). (3) For purposes of this section, “a school district or county office of education that experienced a loss of average daily attendance due to extenuating circumstances” means a school district or county office of education that experienced a loss of average daily attendance as a result of the temporary or permanent closure of jails, a jail, or a unit thereof, that occurred on or after June 30, 1993, at which the district or office provided jail education programs that were subject to reimbursement by the state. (4) For purposes of paragraph (2), “extenuating circumstances factor” means that number derived by dividing the number of units of average daily attendance lost to circumstances defined in paragraph (3) divided by the number of units of average daily attendance claimed in the fiscal year prior to the extenuating circumstances occurring, provided that the factor does not exceed 0.115. (5) Any school district or county office of education claiming additional average daily attendance pursuant to the “extenuating circumstances factor” defined in paragraph (4) shall document the extenuating circumstances and the data involved in calculating their extenuating circumstances factor. This subdivision shall apply only to average daily attendance generated in the 2000–01 fiscal year. (b) Except as otherwise provided in subdivision (b) of Section 46191, commencing with the 2001-02 fiscal year, and for each fiscal year thereafter, for purposes of Sections 1909 and 41841.5, in calculating the average daily attendance for schools or classes for adults in correctional facilities, a school district or county board of education may not claim or report any increase in average daily attendance in excess of the average daily attendance authorized pursuant to this article during the previous fiscal year multiplied by 1.025, unless the Legislature approves a greater increase for that fiscal year in the annual Budget Act. (c) Notwithstanding subdivision (b), for the 2003–04 fiscal year, and each fiscal year thereafter, a school district or county office of education shall calculate the maximum average daily attendance it may claim for schools and classes for adults in correctional facilities for the then-current fiscal year by multiplying the maximum average daily attendance that it would have been authorized to claim for those programs, without regard to actual average daily attendance, for the immediately preceding fiscal year by 1.025, or a greater increase if approved by the Legislature for that fiscal year in the annual Budget Act or other measure. (d) It is the intent of the Legislature to provide, through subsequent measures, additional adjustments to increase allocations for adults in correctional facility educational programs to the extent that funds are available. (e) No state funds shall be allocated to a school district or county board of education for units of average daily attendance for programs set forth in this section unless the allocations are in compliance with this section. (Amended by Stats. 2002, Ch. 1067, Sec. 2. Effective January 1, 2003.)
  40. 41841.8.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. )

    Verify source ↗

    Certain school districts and county superintendents of schools may not claim or receive more than 20 units of average daily attendance for certain adult classes in correctional facilities.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners [41840 - 41841.8] ( Heading of Article 9 amended by Stats. 1993, Ch. 670, Sec. 3. ) ## 41841.8. Notwithstanding Sections 1909 and 41841.5, or any other provision of law, commencing with the 1994–95 fiscal year and each fiscal year thereafter, any school district or county superintendent of schools that did not maintain schools or classes for adults in correctional facilities in the 1993–94 fiscal year and that subsequently offers those schools or classes shall not claim, or receive apportionments for, more than 20 units of average daily attendance for the first year in which the school district or county superintendent of schools offers those classes. (Added by Stats. 1993, Ch. 670, Sec. 7. Effective January 1, 1994.)
  41. 41850.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Allowances for Transportation [41850 - 41851.1] ( Article 10 repealed (by Sec. 18.7) and added by Stats. 1983, Ch. 498, Sec. 18.9. )

    Verify source ↗

    This section limits transportation apportionments to specified home-to-school and special education transportation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Allowances for Transportation [41850 - 41851.1] ( Article 10 repealed (by Sec. 18.7) and added by Stats. 1983, Ch. 498, Sec. 18.9. ) ## 41850. (a) Apportionments made pursuant to this article shall only be made for home-to-school transportation and special education transportation, as defined in this section. (b) As used in this article, “home-to-school transportation” includes all of the following: (1) The transportation of pupils between their homes and the regular full-time day school they attend, as provided by a school district or county superintendent of schools. (2) The payment of moneys by a school district or county superintendent of schools to parents or guardians of pupils made in lieu of providing for the transportation of pupils between their homes and the regular full-time day schools they attend. (3) Providing board and lodging to pupils by a school district or county superintendent of schools made in lieu of providing for the transportation of pupils between their homes and the regular full-time day schools they attend. (4) The transportation of pupils between the regular full-time day schools they would attend and the regular full-time occupational training classes they attend, as provided by a regional occupational center or program. (5) The transportation of individuals with exceptional needs as specified in their individualized education programs, who do not receive special education transportation as defined in subdivision (d). (6) The payment of moneys by a school district or county superintendent of schools for the replacement or acquisition of schoolbuses. (c) For purposes of this article, the computation of the allowances provided to a regional occupational center or program shall be subject to all of the following: (1) A regional occupational center or program shall receive no allowance for 50 percent of the total transportation costs. (2) A regional occupational center or program shall be eligible for a transportation allowance only if the total transportation costs exceed 10 percent of the total operational budget of the regional occupational center or program. (3) A regional occupational center or program eligible for a transportation allowance pursuant to paragraph (2) shall receive an amount equal to one-third of the transportation costs subject to reimbursement. (d) As used in this article, “special education transportation” means either of the following: (1) The transportation of severely disabled special day class pupils, and orthopedically impaired pupils who require a vehicle with a wheelchair lift, who received transportation in the prior fiscal year, as specified in their individualized education program. (2) A vehicle that was used to transport special education pupils. (Amended by Stats. 1992, Ch. 759, Sec. 14. Effective September 21, 1992.)
  42. 41850.1.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Allowances for Transportation [41850 - 41851.1] ( Article 10 repealed (by Sec. 18.7) and added by Stats. 1983, Ch. 498, Sec. 18.9. )

    Verify source ↗

    This section requires the Superintendent to calculate and apportion a transportation allowance to eligible school districts and county superintendents, and requires annual transportation-data reporting and audit-related compliance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Allowances for Transportation [41850 - 41851.1] ( Article 10 repealed (by Sec. 18.7) and added by Stats. 1983, Ch. 498, Sec. 18.9. ) ## 41850.1. (a) (1) Commencing with the 2022–23 fiscal year and for each fiscal year thereafter, the Superintendent shall apportion to each school district and county superintendent of schools that provides pupil transportation services, a transportation allowance equal to 60 percent of the home-to-school transportation expenditures reported by the school district or county superintendent of schools, as determined by its Function 3600 entry in the Standardized Account Code Structure (SACS) report, consistent with the definition in the California School Accounting Manual, for the prior year, excluding capital outlay and nonagency expenditures. This allowance shall be reduced by the amount of the transportation add-on computed for the prior fiscal year under paragraph (1) of subdivision (h) of Section 42238.02 and adjusted under paragraph (3) of subdivision (h) of Section 42238.02 for a school district or subparagraph (A) of paragraph (2) of subdivision (e) of Section 2574 and adjusted under subparagraph (C) of paragraph (2) of subdivision (e) of Section 2574 for a county superintendent of schools. If this reduction results in an amount less than zero, the transportation allowance under this section shall be zero. (2) Home-to-school transportation expenditures reported for a school district with two component school districts under a common administration board pursuant to Section 35110 shall be divided among the component school districts in proportion to the transportation add-on amounts computed pursuant to paragraph (1) of subdivision (h) of Section 42238.02. (3) For reorganized school districts, the prior fiscal year home-to-school transportation expenditures for purposes of paragraph (1) shall be determined as follows: (A) A new school district shall be credited with the amount of eligible home-to-school transportation expenditures reported by each former school district before the reorganization. A new school district shall not be credited with eligible home-to-school transportation expenditures reported by divided school districts before the reorganization. (B) An acquiring school district shall be credited with the amount of eligible home-to-school transportation expenditures it reported before the reorganization, plus the amount of eligible home-to-school transportation expenditures reported by each former school district before the reorganization. A new school district shall not be credited with eligible home-to-school transportation expenditures reported by divided school districts before the reorganization. (C) The remaining portion of a divided school district shall be credited with eligible home-to-school transportation expenditures it reported before the reorganization. (D) If the reorganization includes a former school district that has been wholly included in more than one new or acquiring school districts, the amount of eligible home-to-school transportation expenditures shall be determined in a manner consistent with the adjustments made to the transportation add-on specified in paragraph (1) of subdivision (h) of Section 42238.02 pursuant to subdivision (c) of Section 35735. (b) A local educational agency shall be subject to audits required by Section 41020 with respect to this section, including adoption of the transportation plan pursuant to Section 39800.1. The Controller shall include instructions appropriate to the enforcement of this section in the audit guide required by subdivision (a) of Section 14502.1. (c) The department shall annually collect and publish transportation data from each local educational agency providing pupil transportation services and that receives an apportionment pursuant to this section. The data shall encompass ridership, miles driven, expenditure details, the number of pupils transported, the demographic characteristics of pupils transported, including race, ethnicity, and socioeconomic status, and other data facilitating comparisons among local educational agencies. The department shall determine the specific data elements in consultation with the Legislature and with local experts, including the County Office Fiscal Crisis and Management Assistance Team established pursuant to Section 42127.8. (d) As used in this section, “local educational agency” means a school district, excluding a school district with a districtwide charter petition approved pursuant to Section 47606, or county office of education that is providing school transportation services. (e) School districts and county offices of education that provide transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium shall receive transportation allowances pursuant to this section. (Amended by Stats. 2023, Ch. 48, Sec. 23. (SB 114) Effective July 10, 2023.)
  43. 41851.1.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Allowances for Transportation [41850 - 41851.1] ( Article 10 repealed (by Sec. 18.7) and added by Stats. 1983, Ch. 498, Sec. 18.9. )

    Verify source ↗

    For the 1989–90 fiscal year, the Superintendent must apportion transportation funds under this section, and eligible school districts and county education offices must receive apportionments based on prior-year transportation costs or allowances.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 10. Allowances for Transportation [41850 - 41851.1] ( Article 10 repealed (by Sec. 18.7) and added by Stats. 1983, Ch. 498, Sec. 18.9. ) ## 41851.1. (a) For the 1989–90 fiscal year, from Section A of the State School Fund, the Superintendent of Public Instruction shall apportion to each school district or county superintendent of schools, as appropriate, an amount computed pursuant to this section. School districts and county superintendents of schools that provide transportation services by means of a joint powers agreement, a cooperative pupil transportation program, or a consortium shall receive transportation allowances pursuant to this section. (b) For the 1989–90 fiscal year, each school district, joint powers agency, cooperative pupil transportation program, or consortium shall receive a transportation apportionment equal to the greater of the following: (1) Sixty-five percent of the prior year’s approved transportation costs. (2) The prior year’s transportation allowance. (c) For the 1989–90 fiscal year, each county office of education shall receive a transportation apportionment equal to the greater of the following: (1) Eighty percent of the prior year’s approved transportation costs. (2) The prior year’s transportation allowance. (d) In the event that funds appropriated for the purposes of this section are not sufficient to fully fund the formula established by that section, the amounts apportioned shall be reduced on a proportionate basis. (Added by Stats. 1989, Ch. 83, Sec. 11. Effective June 30, 1989.)
  44. 41880.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] ( Heading of Article 11 amended by Stats. 1980, Ch. 1353, Sec. 13. )

    Verify source ↗

    This article overrides conflicting Education Code provisions, and allowances under it must follow State Board of Education regulations, standards, and 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] ( Heading of Article 11 amended by Stats. 1980, Ch. 1353, Sec. 13. ) ## 41880. The provisions of this article shall supersede any other provisions of this code in conflict therewith. Allowances under this article shall be provided pursuant to regulations of the State Board of Education and standards and requirements established by the State Board of Education. (Added by renumbering Section 41891 by Stats. 1980, Ch. 1353, Sec. 23. Effective September 30, 1980.)
  45. 41881.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] ( Heading of Article 11 amended by Stats. 1980, Ch. 1353, Sec. 13. )

    Verify source ↗

    The Superintendent of Public Instruction must pay specified allowances for certain students in regional occupational centers, and school bodies must account for and report related 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] ( Heading of Article 11 amended by Stats. 1980, Ch. 1353, Sec. 13. ) ## 41881. The Superintendent of Public Instruction shall allow to each district participating in a regional occupational center or to each county superintendent of schools operating a regional occupational center, for each unit of average daily attendance attributable to a person educated in a regional occupational center or program pursuant to Section 52315, the following amounts: (a) One thousand nine hundred fifty-five dollars ($1,955) for each person with a visual impairment. (b) One thousand one hundred twenty dollars ($1,120) for each deaf person. (c) Six hundred twenty dollars ($620) for each orthopedically impaired person. The allowance prescribed by this section is in addition to other allowances or apportionments which may be received because of such attendance and can only be received if the specific service for which the allowance or apportionment is made is not otherwise provided by a community college within a reasonable commuting distance of the regional occupational center. Each governing body maintaining a regional occupational center or program shall account for expenditures made on account of additional special instruction and support services pursuant to Section 52315. Expenditures shall be reported as an amount per pupil in average daily attendance in each of the categories specified in subdivisions (a), (b), and (c). If the Superintendent of Public Instruction determines that the expenditures, as reported, do not equal or exceed the allowances prescribed in subdivisions (a), (b), and (c), the amount of the deficiency shall be withheld from apportionments to the school district or the county superintendent of schools in the succeeding fiscal year in accordance with the procedure prescribed in Section 41341. (Amended by Stats. 1994, Ch. 1288, Sec. 2. Effective January 1, 1995.)
  46. 41886.5.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] ( Heading of Article 11 amended by Stats. 1980, Ch. 1353, Sec. 13. )

    Verify source ↗

    The Superintendent of Public Instruction must set procedures that limit how many students are needed to start a new special class and reduce the class allowance for classes started after the regular school year begins.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 11. Allowances for Handicapped Pupils [41880 - 41886.5] ( Heading of Article 11 amended by Stats. 1980, Ch. 1353, Sec. 13. ) ## 41886.5. The Superintendent of Public Instruction shall establish procedures to limit the minimum number of students required to start a new special class as funded in Sections 41882, 41884, 41885, and 41886 and to proportionately reduce the class allowance for classes started after the beginning of the regular school year. (Added by Stats. 1979, Ch. 282.)
  47. 41900.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must provide an allowance for laboratory-phase driver education, capped at $97 per pupil and tied to actual 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41900. The Superintendent of Public Instruction shall allow to each school district maintaining a high school or high schools, county superintendent of schools, the Department of the Youth Authority, and the State Department of Education an amount equal to the actual cost, but not in excess of ninety-seven dollars ($97) per pupil instructed in the laboratory phase of driver education in accordance with Sections 41902 and 41905 and with regulations set forth by the State Board of Education to the districts, county superintendents of schools, the Department of the Youth Authority, and the State Department of Education for instructing pupils in the laboratory phase of driver education. (Amended by Stats. 1989, Ch. 924, Sec. 3. Operative July 1, 1990, by Sec. 6 of Ch. 924.)
  48. 41901.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Several school-related bodies must file an annual report about automobile driver training costs and related 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41901. The governing board of each school district maintaining a high school or high schools, each county superintendent of schools, the California Youth Authority, and the State Department of Education shall report annually to the county superintendent of schools and to the Superintendent of Public Instruction on forms provided by the Superintendent of Public Instruction, the cost of instructing such pupils, and other information that may be required for the computation of the total direct and direct support cost incurred in the instruction of the pupils in automobile driver training. (Amended by Stats. 1987, Ch. 1452, Sec. 334.)
  49. 41902.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Driver training allowances are limited to classes run under State Board of Education rules, and if driver training is offered to eligible students, no tuition may be charged.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41902. Allowances by the Superintendent of Public Instruction shall be made only for driver training classes maintained in accordance with the rules and regulations as set forth by the State Board of Education. Driver training may be made available to eligible students and, if made available, no tuition shall be charged. The governing board of a district maintaining a high school or high schools, the county superintendent of schools, the California Youth Authority, and the State Department of Education may make driver training available during school hours, or at other times, or any combination thereof. (Amended (as amended by Stats. 1981, Ch. 102) by Stats. 1981, Ch. 133, Sec. 1. Effective July 1, 1981.)
  50. 41903.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must determine driver-training costs for specified education agencies each fiscal year and may prescribe regulations for doing so.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41903. The Superintendent of Public Instruction shall determine the amount of total direct and direct support cost incurred by each school district, each county superintendent of schools, the Department of the Youth Authority, and the State Department of Education during each current fiscal year for the establishment and maintenance of automobile driver training for pupils enrolled in the schools of the district, the county superintendent of schools, the Department of the Youth Authority, and the State Department of Education in accordance with regulations that he or she may prescribe. “Total direct and direct support cost,” as used in this section, includes the total current expenditures incurred for instructing pupils in automobile driver training in special classes, including, but not limited to, automobile replacement, insurance, and upkeep and maintenance of automobiles used in the training. “Special classes,” as used in this section, includes classes providing automobile driver training for pupils who may be excused, for the purpose of taking instruction in automobile driver training. (Amended by Stats. 1989, Ch. 924, Sec. 4. Operative July 1, 1990, by Sec. 6 of Ch. 924.)
  51. 41904.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction may promote and direct driver education and driver training courses in public schools and may hire personnel to do so.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41904. The Superintendent of Public Instruction may promote and direct the establishment and maintenance of courses of instruction in automobile driver education and driver training in the public schools. For this purpose, the superintendent may employ professional and other personnel as necessary to give full effect to this article. There is hereby established within the State Department of Education a unit for driver instruction to be comprised of three consultants and necessary support staff. All necessary costs and expenses incurred for purposes of this section shall be provided for from funds that may be appropriated by the Legislature from the Driver Training Penalty Assessment Fund. (Amended by Stats. 1989, Ch. 924, Sec. 5. Operative July 1, 1990, by Sec. 6 of Ch. 924.)
  52. 41905.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    No driver-training allowance may be made unless the listed agencies have complied with State Board of Education rules on driver education and training, and those rules cannot cover teacher certification or licensing.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41905. No allowance shall be made under this article for the instruction of pupils in automobile driver training unless the school district, the county superintendent of schools, the California Youth Authority, and the State Department of Education has complied with the rules and regulations of the State Board of Education governing the establishment, conduct, and scope of automobile driver education and driver training, except that such rules and regulations shall not relate in any way to teacher certification or licensing. (Enacted by Stats. 1976, Ch. 1010.)
  53. 41906.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Entities seeking state reimbursement for driver training expenses must certify they met the article’s requirements and that their driver education or training teachers are 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41906. In applying for state reimbursement for driver training expenses incurred in the school year 1968–69 and thereafter, school districts, county superintendents of schools, the California Youth Authority, and the State Department of Education shall certify to having met the requirements set forth in this article and, in addition, shall certify that all teachers used in the driver education or driver training programs are qualified instructors, as defined in Section 41907. (Amended by Stats. 1996, Ch. 1045, Sec. 1. Effective September 30, 1996.)
  54. 41907.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines who counts as a qualified instructor for driver training.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41907. A qualified instructor is one who has passed an approved driver’s instruction examination and holds a designated subjects credential or who holds a valid prior credential authorizing instruction in automobile driver education and driver training. (Amended by Stats. 1982, Ch. 1042, Sec. 1.)
  55. 41907.5.

    ## 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A waiver of the Section 41907 credentialing requirements cannot last more than one year unless the person receiving it shows substantial progress. The section also applies only after the Commission on Teacher Credentialing certifies certain coursework alternatives and opportunities exist.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41907.5. (a) Any waiver granted by the Commission on Teacher Credentialing of the credentialing requirements specified in Section 41907 shall not extend beyond one year unless the individual to whom the waiver was granted demonstrates substantial progress toward meeting those credentialing requirements. (b) This section shall be implemented only upon certification by the Commission on Teacher Credentialing that it has developed alternative routes to coursework requirements authorized pursuant to Section 44260.7, and that reasonable opportunities exist for prospective credentialholders to receive this coursework. (Added by Stats. 1996, Ch. 1045, Sec. 2. Effective September 30, 1996.)
  56. 41908.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board that employs only driver training teachers must adopt and publish a salary schedule for them.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41908. The governing board of any school district employing persons exclusively to teach driver training shall adopt and make public a salary schedule setting the daily or pay period rate or rates for such persons. Salary amounts and criteria for advancement contained in any salary schedule adopted pursuant to this section shall be established at the sole discretion of the governing board. (Enacted by Stats. 1976, Ch. 1010.)
  57. 41909.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must provide an additional reimbursement for certain driver-training vehicle and simulator replacement costs, subject to limits and calculation rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41909. The Superintendent of Public Instruction shall make an additional allowance to each school district maintaining a high school or high schools, each county superintendent of schools, the California Youth Authority, and the State Department of Education as reimbursement for the actual expense of replacing vehicles used exclusively in automobile driver training programs and of replacing simulators used in such programs, but the amount shall not exceed three-fourths of that part of the actual cost of instructing pupils in automobile driver training during the preceding fiscal year which was: (1) in excess of eighty dollars ($80) per pupil instructed, and (2) expended by the district, the county superintendent of schools, California Youth Authority, or State Department of Education replacing the vehicles and simulators. Reimbursement for vehicle shall be computed for only that portion of the total mileage used exclusively in driver training programs. For purposes of computing reimbursement, whenever a school district, a county superintendent of schools, the California Youth Authority, or the State Department of Education replaces a driver training vehicle or simulator purchased by the district, the county superintendent of schools, California Youth Authority, or Department of Education 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. (Amended by Stats. 1984, Ch. 268, Sec. 5.7. Effective June 30, 1984.)
  58. 41910.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Department of Education may grant waivers from automobile driver training education provisions to support experimental driver education programs, but those waivers cannot increase certain program reimbursements.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41910. The Department of Education may grant waivers of automobile driver training education provisions of the Education Code for the purpose of establishing experimental driver education programs directed toward improving cost effectiveness in the reduction of traffic crashes. Waivers under this section shall not increase program reimbursements authorized pursuant to Sections 41304 and 41306. (Enacted by Stats. 1976, Ch. 1010.)
  59. 41911.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the Superintendent of Public Instruction finds the Driver Training Penalty Assessment Fund will not cover the full amounts otherwise allowable, the listed allowances must be reduced proportionately.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41911. The allowances made to the several school districts and county superintendents of schools, and to the California Youth Authority and Department of Education under Sections 41900 and 41909 shall, when the Superintendent of Public Instruction determines that the funds credited to the Driver Training Penalty Assessment Fund during the preceding fiscal year will be insufficient to provide the full amounts otherwise allowable, be proportionately reduced. (Enacted by Stats. 1976, Ch. 1010.)
  60. 41912.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The section says California should set a minimum of six hours of behind-the-wheel driver training and says the state should help cover the reasonable costs of those courses.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41912. (a) The Legislature finds and declares all of the following: (1) To assist in reducing the number of fatalities involving youthful drivers, a minimum standard of six hours of behind-the-wheel driver training conducted by a public or private secondary school, or by a qualified instructor of a licensed private driving school, shall be established. (2) According to the National Highway Traffic Safety Administration, traffic crashes are the number one killer of teenagers. Per mile driven, teenage drivers are involved in accidents four times as often as adults. (3) According to the Center for Disease Control and Prevention, motor vehicle crashes are the leading cause of death among youths 16 to 20 years of age. Nationwide, about 6,000 youths 16 to 20 years of age, die each year in traffic accidents. Teenage drivers represent about 7 percent of the country’s population, but account for about 17 percent of the victims of fatal crashes. (4) According to the Department of Motor Vehicles, during 1993, 4,163 people were killed and 315,184 were injured in traffic accidents across the state. (5) According to the National Safety Council, driver error causes 69 percent of all automobile collisions. Annually, 11,900,000 accidents occur nationwide resulting in 2,000,000 injuries and 42,000 fatalities. Automobile accidents cost one hundred sixty-seven billion dollars ($167,000,000,000) annually. (6) The Department of Motor Vehicles has introduced the first major revision of the driver’s license test since 1933, in recognition of a need to require first-time drivers to pass an examination representative of the complex driving conditions confronting motorists throughout the state. A minimum of six hours of behind-the-wheel driver training conducted by a public or private secondary school, or by a qualified instructor of a licensed private driving school, is required to prepare the first-time driver under 18 years of age to pass this examination. (b) The expressed purpose of the Legislature is that highway accidents can and must be reduced through the education and training of drivers prior to licensing, and that this instruction properly belongs in the high school curriculum on a basis of having comparable standards of instruction, quality, teacher-pupil ratio and class scheduling in driver education as in other courses in the regular academic program. Only through a high quality program of driver instruction can the greatest potential in traffic accident prevention be realized. Further, the state has a responsibility to share in the reasonable costs of providing those courses. (Amended by Stats. 1996, Ch. 1045, Sec. 3. Effective September 30, 1996.)
  61. 41913.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may contract with approved private driver training schools, but only if the contract is approved by the board and the district keeps control of the training.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41913. Notwithstanding any other provision of law, the governing board of any school district maintaining secondary schools, may, subject to Sections 41913 to 41919, inclusive, enter into contracts with approved private driver training schools to provide to any or all of the eligible enrolled students of the district, the automobile driver training as provided pursuant to Section 51852. No such contract shall be valid unless approved by the governing board. The driver training provided under contract by an approved private driver training school shall be under the exclusive control and management of the governing board of the school district and shall comply with all rules and regulations of the State Board of Education relating to driver training offered by the public schools, except that a driver training instructor of the approved private driver training school shall not be required to possess any teaching credential or certification document of any kind except as required by the Driving School Department of the Department of Motor Vehicles. Nothing in this section shall prohibit the governing board from entering into contracts with more than one approved private driver training school and apportioning students among such schools. Upon approval of the contract, the governing board shall transmit a copy of the signed contract to the State Department of Education. (Amended by Stats. 1983, Ch. 652, Sec. 1.)
  62. 41914.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines when a private driver training school counts as “approved”: it must have the required DMV license, keep the required liability insurance, use DMV-approved dual-control cars, and meet any other requirements 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41914. As used in this article, an “approved private driver training school” is one which: (a) Has a valid license issued by the Department of Motor Vehicles pursuant to Chapter 1 (commencing with Section 11100) of Division 5 of the Vehicle Code. (b) Maintains at all times limits of liability insurance established by the State Superintendent of Public Instruction equal to that required of the contracting school district. (c) Provides, for such automobile driving instruction, dual-control automobiles approved by the Department of Motor Vehicles. (d) Meets such other requirements as shall be established by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.)
  63. 41915.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An approved driver training school may be entitled to payment from the school district, capped at 150% of the reimbursable excess-cost amount. If a student starts but does not finish the contracted driver training, the approved private driver training school may be paid a proportional share of the contract price.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41915. Any contract entered into and approved in the manner provided pursuant to Section 41913 may entitle the approved driver training school to payment by the school district of the sum of not more than 150 percent of the amount reimbursable to the school district as “excess cost” provided pursuant to Sections 41306, 41900, and 41903. In the event that a student who has commenced the driver training for which the district has contracted pursuant to Section 41913 and the student does not complete the driver training for any reason, the approved private driver training school may be paid a portion of the contract price which is proportionate to the amount in “excess cost,” if any, received by the school district for such student, compared to the amount the district would have received had the student completed the training. (Amended by Stats. 1978, Ch. 358.)
  64. 41916.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An approved private driver training school must submit written verification to the governing board, and then must be paid the contract amount determined under Section 41915.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41916. Upon presentment to the governing board by the approved private driver training school written verification of the name, school, dates, and times of each automobile driver training instruction lesson and such other information required by the governing board, the approved private driver training school shall be paid the contract amount as determined pursuant to Section 41915. (Amended by Stats. 1983, Ch. 652, Sec. 2.)
  65. 41917.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board is entitled to reimbursement for approved private driver training, but only after certifying pupil numbers to 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41917. The governing board of any school district shall be entitled to reimbursement for driver training provided by approved private driver training schools pursuant to this article in the amount authorized pursuant to Section 41900, upon certifying to the Superintendent of Public Instruction the number of pupils for whom automobile driver training instruction lessons was provided pursuant to Sections 41913 to 41919, inclusive. (Enacted by Stats. 1976, Ch. 1010.)
  66. 41918.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A regular employee of a contracting approved private driver training school is treated as a qualified instructor for automobile driver training if they hold a valid DMV driver instructor license and complete the DMV-required driver instructor 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41918. Notwithstanding the provisions of Section 41907, a regular employee of a contracting approved private driver training school shall be a qualified instructor for automobile driver training provided that: (a) He holds a valid driver instructor license issued by the Department of Motor Vehicles, and (b) He has completed the driver instructor course required by the Department of Motor Vehicles. (Enacted by Stats. 1976, Ch. 1010.)
  67. 41919.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    An approved private driver training school may not enter a contract under this article unless it has operated in California for at least 24 consecutive months. A contracting approved private driver training school must provide instruction under an authorized plan.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 12. Allowances for Excess Cost of Driver Training [41900 - 41919] ( Article 12 enacted by Stats. 1976, Ch. 1010. ) ## 41919. No approved private driver training school may enter into a contract pursuant to this article unless it has, at the time of entering into the contract, been operating in the State of California for at least 24 consecutive months. A contracting approved private driver training school shall provide instruction pursuant to one of the plans authorized pursuant to Section 51852. (Enacted by Stats. 1976, Ch. 1010.)
  68. 41930.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “project” for 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41930. As used in this article the term “project” means any major, localized, undertaking by or under the jurisdiction of the State Department of Water Resources, or by or under the jurisdiction of the State Department of Water Resources and the federal government, jointly, which has a duration, estimated by the Director of the Department of Water Resources, of more than three years. (Enacted by Stats. 1976, Ch. 1010.)
  69. 41931.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section defines “project-connected pupil” and gives the Superintendent of Public Instruction authority to approve their identification and prescribe attendance records.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41931. A project-connected pupil, as used in this article, means a child of a parent, guardian, or other person standing in loco parentis who has enrolled in the regular full-time day schools of the district subsequent to the commencement of a project, whose parent or guardian is employed by a contractor or subcontractor in connection with the project, or by the State of California whose work is in connection with the project, and which child is in addition to the number of children who would otherwise normally be expected to be in the district. The identification of project-connected pupils shall be subject to the approval of the Superintendent of Public Instruction in accordance with regulations that he is herewith authorized to adopt. The records identifying and accounting for the attendance of project-connected children shall be prescribed by the Superintendent of Public Instruction. (Enacted by Stats. 1976, Ch. 1010.)
  70. 41932.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must allow each eligible district a calculated amount for project-connected pupils for the 1964–1965 fiscal year and later 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41932. For the 1964–1965 fiscal year and each fiscal year thereafter, the Superintendent of Public Instruction shall allow to each eligible district, for each unit of average daily attendance in the regular full-time day schools of the district during the preceding fiscal year of project-connected pupils, as project-connected pupils are defined in Section 41931, an amount equal to the foundation program of the district, any supplemental amount computed under the Education Code, less basic state aid, and state equalization aid for the preceding fiscal year, divided by the second period average daily attendance of the district for the preceding fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  71. 41933.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The attendance units for project-connected pupils must be calculated using a division formula tied to the 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41933. The units of average daily attendance of project-connected pupils, as defined in Section 41931 for a fiscal year shall be computed by dividing the total number of days of attendance of such pupils by the number of days school was actually taught in the regular day schools of the district during the fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  72. 41934.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A district is eligible for an allowance under Section 41932 if project-connected pupils have an average daily attendance of at least 10 in the district during the preceding 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41934. A district shall be eligible for an allowance under Section 41932 if the average daily attendance of project-connected pupils is at least 10 in the district during the preceding fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  73. 41935.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    For this article, certain 7th and 8th grade pupils at a junior high school maintained by a high school district are treated as attending the elementary district of residence.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41935. For the purposes of this article, pupils in grades 7 and 8 attending a junior high school maintained by a high school district shall be deemed to be in attendance in the schools of the elementary district of residence. (Enacted by Stats. 1976, Ch. 1010.)
  74. 41936.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must apportion amounts allowed 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 14. Allowances for Project Connected Pupils [41930 - 41936] ( Article 14 enacted by Stats. 1976, Ch. 1010. ) ## 41936. Amounts allowed pursuant to this article shall be apportioned by the Superintendent of Public Instruction at the same time and as a part of the special purpose apportionment made under the provisions of Section 41334, whichever is in effect. (Enacted by Stats. 1976, Ch. 1010.)
  75. 41950.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 15. Allowances to County School Tuition Funds [41950- 41950.] ( Article 15 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must pay each county school tuition fund $120 for each unit of average daily attendance for pupils who live in the county and attend school in an adjoining state during the 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 15. Allowances to County School Tuition Funds [41950- 41950.] ( Article 15 enacted by Stats. 1976, Ch. 1010. ) ## 41950. The Superintendent of Public Instruction shall allow to each county school tuition fund one hundred twenty dollars ($120) for each unit of average daily attendance of pupils residing in the county and attending school in an adjoining state during the fiscal year. Such average daily attendance shall not be included in the computations provided for in Section 41761. (Amended by Stats. 1977, Ch. 894.)
  76. 41960.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    When school-district property is acquired for state highway purposes, the Superintendent of Public Instruction must pay severance aid 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 41960. Whenever real property within a school district is acquired for state highway purposes, the Superintendent of Public Instruction shall allow to the school district an amount of severance aid as provided in this section, in addition to any other allowances provided by this chapter. For the five years following the acquisition of such property the Superintendent of Public Instruction shall allow to the school district severance aid based on the amount of tax revenues the school district would have received from such property if there had been no such acquisition, computed as follows: for the year following such acquisition, the district shall be allowed the amount of tax revenues, except revenues for bond interest and redemption, which would have been paid during the year of acquisition if the taxes assessed on the property acquired were then paid in full; for the second year the district shall be allowed 80 percent of such amount; for the third year the district shall be allowed 60 percent of such amount; for the fourth year the district shall be allowed 40 percent of such amount; and for the fifth year the district shall be allowed 20 percent of such amount. (Enacted by Stats. 1976, Ch. 1010.)
  77. 41962.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts may apply for severance aid using forms provided by the Superintendent and following regulations the Superintendent is authorized to adopt.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 41962. School districts may apply for severance aid as provided in this article on forms provided by the Superintendent, and in accordance with regulations that the Superintendent is authorized to adopt. (Amended by Stats. 2021, Ch. 666, Sec. 29. (AB 486) Effective January 1, 2022.)
  78. 41963.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Severance aid may not be allowed unless taxable real property in the school district drops by at least 0.5% during the fiscal year because of qualifying acquisitions.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 41963. No allowance of severance aid shall be made as provided in Section 41960 unless the total assessed value of taxable real property within the school district is reduced by one-half of one (0.5) percent or more during a fiscal year by reason of acquisitions giving rise to severance aid as provided in Section 41960. In determining whether or not the value of the acquisitions is equal to one-half of one (0.5) percent or more of the value of taxable real property, all of these acquisitions made during each fiscal year shall be considered as one sum. (Amended by Stats. 1994, Ch. 922, Sec. 55. Effective January 1, 1995.)
  79. 41964.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The Superintendent of Public Instruction must certify the severance aid amount by May 25, and the Controller must transfer that amount to the State School Fund by June 15. The Department of Transportation may then charge or allocate the transferred amounts to the projects on which the aid was based.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 16. Allowances for Severance Aid [41960 - 41964] ( Article 16 enacted by Stats. 1976, Ch. 1010. ) ## 41964. On or before each May 25th, the Superintendent of Public Instruction shall determine and certify to the Controller the amount of severance aid computed and to be allowed to school districts under Section 41960 for the fiscal year. On or before each June 15th, the Controller shall order the transfer, from the Motor Vehicle Transportation Tax Account in the Transportation Tax Fund to the State School Fund, of the amount of severance aid computed and to be allowed to school districts for the fiscal year as so certified, and the amount so computed and certified is hereby appropriated for purposes of the transfer. The Department of Transportation may charge or allocate to the appropriate particular projects on account of which severance aid was computed, the amounts so transferred. (Amended by Stats. 1994, Ch. 922, Sec. 56. Effective January 1, 1995.)
  80. 41970.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 17. Recomputation of Allowances [41970 - 41972] ( Article 17 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The total amount apportioned from Section A of the State School Fund must not exceed the amount allowed 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 17. Recomputation of Allowances [41970 - 41972] ( Article 17 enacted by Stats. 1976, Ch. 1010. ) ## 41970. The total amount apportioned from Section A of the State School Fund shall not exceed the amount provided by law therefor. If the total amount provided for Section A of the State School Fund is greater than the total apportioned, the balance from any specified expenditure authorization in Sections 41300 and 41301 shall be used to decrease deficits in apportionments from Section A of the State School Fund in the order prescribed in Section 41972. (Enacted by Stats. 1976, Ch. 1010.)
  81. 41971.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 17. Recomputation of Allowances [41970 - 41972] ( Article 17 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If the amounts allowed for certain subdivisions are less than the named apportionments, the apportionments must be reduced proportionately or as otherwise prescribed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 17. Recomputation of Allowances [41970 - 41972] ( Article 17 enacted by Stats. 1976, Ch. 1010. ) ## 41971. If the total amount allowed for each subdivision in Sections 41300 and 41301 is less than the apportionments named in the subsections, the apportionments shall be reduced proportionately or as otherwise prescribed. Prior to the close of the fiscal year, such reductions shall be restored to the extent possible pursuant to Section 41970. (Enacted by Stats. 1976, Ch. 1010.)
  82. 41972.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 17. Recomputation of Allowances [41970 - 41972] ( Article 17 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Available balances must be used first to restore certain school apportionment reductions, and any remaining transferable balances must revert 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 5. Foundation Program [41760.2 - 41972] ( Chapter 5 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 17. Recomputation of Allowances [41970 - 41972] ( Article 17 enacted by Stats. 1976, Ch. 1010. ) ## 41972. Balances available from any appropriation for apportionments from Section A of the State School Fund and funds provided by subdivision (c) of Section 14002, or provided by any other provision of law in lieu of those sections, shall be used to restore any reductions in apportionments to elementary, high, and unified school districts and county superintendents of schools as follows: (a) First, for revenue limits computed pursuant to Sections 2558 and 42238. (b) Second, for special education computed pursuant to Chapter 7.2 (commencing with Section 56836) of Part 30. (c) Third, for home-to-school transportation computed pursuant to Section 41856 or, commencing with the 1984–85 fiscal year, Article 10 (commencing with Section 41850) of Chapter 8. Any remaining balances otherwise transferable under subdivisions (b) and (c) of Section 14002 shall revert to the General Fund. (Amended by Stats. 1998, Ch. 89, Sec. 12. Effective June 30, 1998. Operative July 1, 1998, by Sec. 62 of Ch. 89.)
  83. 41975.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] ( Chapter 5.3 added by Stats. 1979, Ch. 282. )

    Verify source ↗

    State school funds for a district may not fall below a stated minimum, and the Superintendent of Public Instruction cannot raise local control funding formula aid unless the district has not already received that minimum from all state 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 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] ( Chapter 5.3 added by Stats. 1979, Ch. 282. ) ## 41975. (a) Apportionments and allowances to a school district from Section A of the State School Fund in a fiscal year may not be less than the product of one hundred twenty dollars ($120) multiplied by the average daily attendance of the district in the preceding fiscal year, or two thousand four hundred dollars ($2,400), whichever amount is the greater. (b) State funds apportioned to each school district for categorical education programs, or other state funds apportioned to each school district from the State School Fund, shall be applied to meet the requirement of Section 6 of Article IX of the California Constitution to provide a minimum of one hundred twenty dollars ($120) of state aid per pupil or two thousand four hundred dollars ($2,400) per school district. (c) Notwithstanding any other law, the Superintendent of Public Instruction may not increase the local control funding formula apportionment of any school district pursuant to Section 42238.02 or 42238.03, as applicable, to provide basic state aid pursuant to Section 6 of Article IX of the California Constitution or any other law, unless that school district has not received the greater amount of one hundred twenty dollars ($120) per pupil or two thousand four hundred dollars ($2,400) from all state funds, including funds for categorical education programs. If a school district receives less than the amount specified in this subdivision, the Superintendent of Public Instruction shall allocate the difference between the amount of state funds received and the constitutional minimum of the greater amount of one hundred twenty dollars ($120) per pupil or two thousand four hundred dollars ($2,400) per school district. (Amended by Stats. 2024, Ch. 38, Sec. 18. (SB 153) Effective June 29, 2024.)
  84. 41976.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] ( Chapter 5.3 added by Stats. 1979, Ch. 282. )

    Verify source ↗

    School districts and county superintendents of schools may offer specified adult education classes and courses for apportionment purposes from the adult education 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 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] ( Chapter 5.3 added by Stats. 1979, Ch. 282. ) ## 41976. For purposes of this chapter, the following classes and courses are authorized to be offered by school districts and county superintendents of schools for the Adult Education Program, established pursuant to Article 9 (commencing with Section 84900) of Chapter 5 of Part 50 of Division 7 of Title 3, apportionment purposes from the adult education fund: (a) Programs for adults in elementary and secondary basic skills, including programs leading to a high school diploma or a high school equivalency certificate. (b) Programs for adult immigrants who are eligible for educational services in citizenship, English as a second language, immigrant integration, and workforce preparation. (c) Programs for adults, including, but not limited to, older adults, that are primarily related to entry or reentry into the workforce. (d) Programs for adults, including, but not limited to, older adults, that are primarily designed to develop knowledge and skills to assist and support elementary and secondary school pupils to succeed academically in school. (e) Programs for adults with disabilities. (f) Programs for adults in career technical education that are short term in nature and have high employment potential. (g) Programs for adults offering preapprenticeship training activities conducted in coordination with one or more apprenticeship programs approved by the Division of Apprenticeship Standards for the occupation and geographic area. (Amended by Stats. 2021, Ch. 666, Sec. 30. (AB 486) Effective January 1, 2022.)
  85. 41976.1.

    ## 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 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] ( Chapter 5.3 added by Stats. 1979, Ch. 282. )

    Verify source ↗

    A school district may offer adult education courses and classes if it qualifies for funding to start them under Section 52616.18.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.3. Conditions on Apportionments and Allowances [41975 - 41976.1] ( Chapter 5.3 added by Stats. 1979, Ch. 282. ) ## 41976.1. Notwithstanding Section 41976, any school district may offer adult education courses and classes in the adult education programs described in Section 41976 provided that district qualifies for funding to begin those courses or classes pursuant to Section 52616.18. (Added by Stats. 1992, Ch. 1193, Sec. 1. Effective January 1, 1993. Operative July 1, 1993, by Sec. 6 of Ch. 1193.)
  86. 41980.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. )

    Verify source ↗

    A qualifying joint powers entity may be designated a single school district for school transportation or school food services, but only with prior approval from the Superintendent of Public Instruction and, for allocations, with express board approval by resolution before June 30.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. ) ## 41980. (a) Any separate joint powers entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that has as its sole function the provision of school transportation services may, subject to prior approval by the Superintendent of Public Instruction, be designated a single school district for purposes of receiving state apportionments or allowances in support of those services or programs. Those school transportation apportionments or allowances shall be allocated to a separate joint powers entity under this section in any fiscal year only to the extent that the governing board of the school district or districts that would otherwise receive those state apportionments or allowances expressly approves that allocation under a resolution adopted on or before June 30 preceding that fiscal year. (b) Any separate joint powers entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that has as its sole function the provision of school food services may, subject to prior approval by the Superintendent of Public Instruction, be designated a single school district for purposes of receiving state apportionments or allowances in support of those services or programs. Those school food apportionments or allowances shall be allocated to a separate joint powers entity under this section in any fiscal year only to the extent that the governing board of the school district or districts that would otherwise receive those state apportionments or allowances expressly approves that allocation under a resolution adopted on or before June 30 preceding that fiscal year. (Amended by Stats. 1989, Ch. 1414, Sec. 1.)
  87. 41981.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. )

    Verify source ↗

    For this chapter, the fiscal officer of a joint powers entity is the county superintendent of schools; if the entity spans two or more counties, it is the superintendent of the county covering the greatest area.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. ) ## 41981. For purposes of this chapter, and notwithstanding the provisions of Section 6505.5 of the Government Code, the fiscal officer of the joint powers entity shall be the county superintendent of schools. If the joint powers entity is situated partly within two or more counties, in terms of its participating school districts, the fiscal officer shall be the county superintendent of schools of the county in which the greatest area of the joint powers entity lies. (Added by Stats. 1988, Ch. 824, Sec. 1.)
  88. 41982.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. )

    Verify source ↗

    A joint powers entity must follow the same budget, accounting, auditing, and related program rules as school districts for transportation and food service programs, and certain transferring employees may keep their seniority.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. ) ## 41982. The joint powers entity shall be subject to the same budget, expenditure, appropriation, accounting, auditing, and program requirements as school districts and county superintendents of schools generally with respect to school transportation programs and food services programs. Employees of the Newhall School District, the William S. Hart Union High School District, the Sulphur Springs Union School District, the Saugus Union School District, or the Castaic Union School District who become employees of a joint powers entity that has as its sole function the provision of school food services, pursuant to the participation of their respective schools in the joint powers entity, shall be entitled to carry over their seniority upon transfer to the joint powers entity. (Amended by Stats. 1989, Ch. 1414, Sec. 2.)
  89. 41983.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. )

    Verify source ↗

    The Superintendent of Public Instruction may adopt regulations to implement this chapter.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 5.4. Designation of Joint Powers Entities as Single School Districts [41980 - 41983] ( Chapter 5.4 added by Stats. 1988, Ch. 824, Sec. 1. ) ## 41983. The Superintendent of Public Instruction may adopt regulations for the implementation of this chapter, including, but not limited to, standards and requirements relating to applications, approvals, reports, apportionments, and allowances, and changes in membership of the joint powers entity. (Added by Stats. 1988, Ch. 824, Sec. 1.)
  90. 42100.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Statements [42100 - 42105] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts and charter schools must approve and file annual receipts-and-expenditures statements by September 15, and the county superintendent must verify and forward the statements by October 15.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Statements [42100 - 42105] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42100. (a) On or before September 15, the governing board of each school district shall approve, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the district for the preceding fiscal year and shall file the statement, along with the statement received pursuant to subdivision (b), with the county superintendent of schools. On or before October 15, the county superintendent of schools shall verify the mathematical accuracy of the statements and shall transmit a copy to the Superintendent of Public Instruction. (b) On or before September 15, each charter school shall approve, in a format prescribed by the Superintendent of Public Instruction, an annual statement of all receipts and expenditures of the charter school for the preceding fiscal year and shall file the statement with the entity that approved the charter school. (c) The forms prescribed by the Superintendent of Public Instruction shall be adopted as regulations by the State Board of Education, and may be amended periodically to accommodate changes in statute or government reporting standards. (Amended by Stats. 2002, Ch. 1058, Sec. 2. Effective January 1, 2003.)
  91. 42104.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Statements [42100 - 42105] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Violations of this article, or failures to comply with it, by a county superintendent of schools or a school district governing board are punishable under Government Code Section 1222.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Statements [42100 - 42105] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42104. Any violation of this article or a failure to comply with its provisions by the county superintendent of schools or by the governing board of any school district is punishable under Section 1222 of the Government Code. (Enacted by Stats. 1976, Ch. 1010.)
  92. 42105.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Statements [42100 - 42105] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may publish an annual financial statement, a general report about the schools, and similar public information, including in a newspaper no more than once a 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Statements [42100 - 42105] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42105. The governing board of any school district may print and distribute in pamphlet form an annual financial statement of the receipts and expenditures of the school district, and may include in the pamphlet a general report concerning the conduct and condition of the schools of the district. Similar information of value to the public regarding the school system may be printed and distributed from time to time, or published not oftener than once a year, in a newspaper of general circulation published within the district. (Enacted by Stats. 1976, Ch. 1010.)
  93. 42122.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district budgets must include a complete spending and revenue plan, a comparison with the current fiscal year, and the appropriations limit information. The county superintendent of schools must supply needed comparison information from official records.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42122. Effective July 1, 1988, each budget shall show a complete plan and itemized statement of all proposed expenditures of the school district and of all estimated revenues for the ensuing fiscal year, together with a comparison of revenues and expenditures for the existing fiscal year. The budget shall also include the appropriations limit and the total annual appropriations subject to limitation as determined pursuant to Division 9 (commencing with Section 7900) of Title 1 of the Government Code. The county superintendent of schools shall from his or her own records supply to the school district any information that the school district may need to make the comparisons required by this section. (Amended by Stats. 1987, Ch. 1025, Sec. 1.5.)
  94. 42123.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district budgets must be itemized and show the necessary revenues and expenditures for each fund used to operate the district’s public schools, using forms prescribed 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42123. Each budget shall be itemized to set forth the necessary revenues and expenditures in each fund to operate the public schools of the district as authorized by law and on forms prescribed by the Superintendent of Public Instruction. (Amended by Stats. 1986, Ch. 1150, Sec. 11.)
  95. 42124.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The budget may include a general reserve set at an amount the governing board considers sufficient.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42124. The budget may also contain an amount to be known as the general reserve in such sum as the governing board may deem sufficient, for the next succeeding fiscal year, to meet the cash requirements to which the district’s credit may be legally extended for that portion of said next succeeding fiscal year until adequate proceeds of the taxes levied for, or apportionment of state funds made to, the district during such succeeding fiscal year are available to the district. (Enacted by Stats. 1976, Ch. 1010.)
  96. 42125.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district budget may include a designated fund balance, and the governing board may set it aside for specific 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42125. The budget may contain amounts to be known as the designated fund balance, which may be designated for any specific purpose as determined by the governing board of the school district, and the unappropriated fund balance. These funds shall be available for appropriation by a majority vote of the members of the governing board, to cover expenditures that have not been provided for or that may have been insufficiently provided for, or for unforeseen requirements as they may arise. (Amended by Stats. 1987, Ch. 917, Sec. 17.)
  97. 42126.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district budgets must use the forms, blanks, or format prescribed 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42126. Effective July 1, 1988, each budget shall be made on the number of forms and upon the blanks or in the format prescribed by the Superintendent of Public Instruction. It shall be the duty of the Superintendent of Public Instruction to prepare standard forms or a format necessary to show the budgeting items and comparisons required by this article. The required forms or format shall be furnished to the school districts by the county superintendent of schools. (Amended by Stats. 1987, Ch. 917, Sec. 18.)
  98. 42127.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district boards must hold public budget hearings, publish budget materials, file adopted budgets on time, and include required plan and reserve information; county officials must review budgets and act on set 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127. (a) On or before July 1 of each year, the governing board of each school district shall accomplish the following: (1) Hold a public hearing conducted in accordance with Section 42103 on the budget to be adopted for the subsequent fiscal year. The budget to be adopted shall be prepared in accordance with Section 42126. The agenda for that hearing shall be posted at least 72 hours before the public hearing and shall include the location where the budget will be available for public inspection. (2) (A) Adopt a budget. Not later than five days after that adoption or by July 1, whichever occurs first, the governing board of the school district shall file that budget with the county superintendent of schools. The budget and supporting data shall be maintained and made available for public review. If the governing board of the school district does not want all or a portion of the property tax requirement levied for the purpose of making payments for the interest and redemption charges on indebtedness as described in paragraph (1) or (2) of subdivision (b) of Section 1 of Article XIII A of the California Constitution, the budget shall include a statement of the amount or portion for which a levy shall not be made. For the 2014–15 fiscal year and each fiscal year thereafter, the governing board of the school district shall not adopt a budget before the governing board of the school district adopts a local control and accountability plan, if an existing local control and accountability plan or annual update to a local control and accountability plan is not effective for the budget year. The governing board of a school district shall not adopt a budget that does not include the expenditures necessary to implement the local control and accountability plan or the annual update to a local control and accountability plan that is effective for the budget year. (B) Commencing with budgets adopted for the 2015–16 fiscal year, the governing board of a school district that proposes to adopt a budget that includes a combined assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, shall, at the public hearing held pursuant to paragraph (1), provide all of the following for public review and discussion: (i) The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget. (ii) The combined assigned and unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget. (iii) A statement of reasons that substantiates the need for an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties for each fiscal year that the school district identifies an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties, as identified pursuant to clause (ii). (C) The governing board of a school district shall include the information required pursuant to subparagraph (B) in its budgetary submission each time it files an adopted or revised budget with the county superintendent of schools. The information required pursuant to subparagraph (B) shall be maintained and made available for public review. (b) The county superintendent of schools may accept changes in any statement included in the budget, pursuant to subdivision (a), of the amount or portion for which a property tax levy shall not be made. The county superintendent of schools or the county auditor shall compute the actual amounts to be levied on the property tax rolls of the school district for purposes that exceed apportionments to the school district pursuant to Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. Each school district shall provide all data needed by the county superintendent of schools or the county auditor to compute the amounts. On or before August 15, the county superintendent of schools shall transmit the amounts computed to the county auditor who shall compute the tax rates necessary to produce the amounts. On or before September 1, the county auditor shall submit the rate computed to the board of supervisors for adoption. (c) The county superintendent of schools shall do all of the following: (1) Examine the adopted budget to determine whether it complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets. The county superintendent of schools shall identify, if necessary, technical corrections that are required to be made to bring the budget into compliance with those standards and criteria. (2) Determine whether the adopted budget will allow the school district to meet its financial obligations during the fiscal year and is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments. In addition to the county superintendent of schools’ own analysis of the budget of each school district, the county superintendent of schools shall review and consider studies, reports, evaluations, or audits of the school district that were commissioned by the school district, the county superintendent of schools, the Superintendent, and state control agencies and that contain evidence that the school district is showing fiscal distress under the standards and criteria adopted in Section 33127 or that contain a finding by an external reviewer that the school district is at moderate or high risk of intervention based on the most common indicators of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. The county superintendent of schools shall either conditionally approve or disapprove a budget that does not provide adequate assurance that the school district will meet its current and future obligations and resolve any problems identified in studies, reports, evaluations, or audits described in this paragraph. (3) Determine whether the adopted budget includes the expenditures necessary to implement the local control and accountability plan or annual update to the local control and accountability plan approved by the county superintendent of schools. (4) Determine whether the adopted budget includes a combined assigned and unassigned ending fund balance that exceeds the minimum recommended reserve for economic uncertainties. If the adopted budget includes a combined assigned and unassigned ending fund balance that exceeds the minimum recommended reserve for economic uncertainties, the county superintendent of schools shall verify that the school district complied with the requirements of subparagraphs (B) and (C) of paragraph (2) of subdivision (a). (d) (1) On or before September 15, the county superintendent of schools shall approve, conditionally approve, or disapprove the adopted budget for each school district. For the 2014–15 fiscal year and each fiscal year thereafter, the county superintendent of schools shall disapprove a budget if the county superintendent of schools determines that the budget does not include the expenditures necessary to implement a local control and accountability plan or an annual update to the local control and accountability plan approved by the county superintendent of schools. If the governing board of a school district does not submit a budget to the county superintendent of schools, the county superintendent of schools shall develop, at school district expense, a budget for that school district by September 15 and transmit that budget to the governing board of the school district. The budget prepared by the county superintendent of schools shall be deemed adopted, unless the county superintendent of schools approves any modifications made by the governing board of the school district. The budget prepared by the county superintendent of schools shall also comply with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). The approved budget shall be used as a guide for the school district’s priorities. The Superintendent shall review and certify the budget approved by the county. If, pursuant to the review conducted pursuant to subdivision (c), the county superintendent of schools determines that the adopted budget for a school district does not satisfy that subdivision, the county superintendent of schools shall conditionally approve or disapprove the budget and, not later than September 15, transmit to the governing board of the school district, in writing, the county superintendent of schools’ recommendations regarding revision of the budget and the reasons for those recommendations, including, but not limited to, the amounts of any budget adjustments needed before the county superintendent of schools can approve that budget. The county superintendent of schools may assign a fiscal adviser to assist the school district to develop a budget in compliance with those revisions. In addition, the county superintendent of schools may appoint a committee to examine and comment on the county superintendent’s review and recommendations, subject to the requirement that the committee report its findings to the county superintendent of schools no later than September 20. (2) Notwithstanding any other provision of this article, for the 2014–15 fiscal year and each fiscal year thereafter, the budget shall not be adopted or approved by the county superintendent of schools before a local control and accountability plan or update to an existing local control and accountability plan for the budget year is approved. (3) If the adopted budget of a school district is conditionally approved or disapproved pursuant to paragraph (1), on or before October 8, the governing board of the school district, in conjunction with the county superintendent of schools, shall review and respond to the recommendations of the county superintendent of schools at a regular meeting of the governing board of the school district. The response shall include any revisions to the adopted budget and other proposed actions to be taken, if any, as a result of those recommendations. (e) On or before October 22, the county superintendent of schools shall provide a list to the Superintendent identifying all school districts for which budgets may be disapproved. (f) (1) The county superintendent of schools shall examine the revised budget as provided in paragraph (3) of subdivision (d) to determine whether it (A) complies with the standards and criteria adopted by the state board pursuant to Section 33127 for application to final local educational agency budgets, (B) allows the school district to meet its financial obligations during the fiscal year, (C) satisfies all conditions established by the county superintendent of schools in the case of a conditionally approved budget, (D) is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments, and, not later than November 8, shall approve or disapprove the revised budget, and (E) whether the revised budget complies with the requirements of subparagraph (B) of paragraph (2) of subdivision (a). If the county superintendent of schools disapproves the budget, the county superintendent of schools shall call for the formation of a budget review committee pursuant to Section 42127.1, unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools immediately has the authority and responsibility provided in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31. If no budget is adopted by December 31, the Superintendent may adopt a budget for the school district. The Superintendent shall report to the Legislature and the Director of Finance by January 10 if any school district, including a school district that has received a waiver of the budget review committee process, does not have an adopted budget by December 31. This report shall include the reasons why a budget has not been adopted by the deadline, the steps being taken to finalize budget adoption, the date the adopted budget is anticipated, and whether the Superintendent has or will exercise the Superintendent’s authority to adopt a budget for the school district. (2) Notwithstanding any other law, for the 2014–15 fiscal year and each fiscal year thereafter, if the county superintendent of schools disapproves the budget for the sole reason that the county superintendent of schools has not approved a local control and accountability plan or an annual update to the local control and accountability plan filed by the governing board of the school district pursuant to Section 52070, the county superintendent of schools shall not call for the formation of a budget review committee pursuant to Section 42127.1. (g) Not later than November 8, the county superintendent of schools shall submit a report to the Superintendent identifying all school districts for which budgets have been disapproved, and whether a budget review committee will be formed or waived. The report shall include a copy of the written response transmitted to each of those school districts pursuant to paragraph (1) of subdivision (d). (h) Not later than 45 days after the Governor signs the annual Budget Act, the school district shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act. (i) Any school district for which the county board of education serves as the governing board of the school district is not subject to subdivisions (c) to (h), inclusive, but is governed instead by the budget procedures set forth in Section 1622. (Amended by Stats. 2020, Ch. 24, Sec. 24. (SB 98) Effective June 29, 2020.)
  99. 42127.01.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    In certain fiscal years, a school district budget may not end with an assigned or unassigned general fund balance above 10%, unless the district gets an exemption.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.01. (a) In a fiscal year immediately after a fiscal year in which the amount of moneys in the Public School System Stabilization Account is equal to or exceeds 3 percent of the combined total of General Fund revenues appropriated for school districts pursuant to subdivision (c) of Section 41202 and allocated local proceeds of taxes pursuant to subdivision (g) of Section 41202 for that fiscal year, a school district budget that is adopted or revised pursuant to Section 42127 shall not contain a combined assigned or unassigned ending general fund balance that is in excess of 10 percent of those funds. (b) A county superintendent of schools may grant a school district under its jurisdiction an exemption from the requirements of subdivision (a) for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances, including, but not limited to, multiyear infrastructure or technology projects, substantiate the need for a combined assigned or unassigned ending general fund balance that is in excess of the amount described in subdivision (a). As a condition of receiving an exemption, a school district shall do all of the following: (1) Provide a statement that substantiates the need for a combined assigned and unassigned ending general fund balance that is in excess of the amount described in subdivision (a). (2) Identify the funding amounts in the budget adopted by the school district that are associated with the extraordinary fiscal circumstances. (3) Provide documentation that no other fiscal resources are available to fund the extraordinary fiscal circumstances. (c) This section shall not apply to a basic aid school district or to a small school district. (d) For purposes of this section, the following definitions shall apply: (1) “Basic aid school district” has the same meaning as in Section 42238.02. (2) “Combined assigned or unassigned ending general fund balance” refers to assigned and unassigned moneys in the general fund accounts of school districts, including assigned and unassigned moneys in the Special Fund for Other Than Capital Outlay. (3) “Small school district” means a school district with fewer than 2,501 units of average daily attendance. (e) The Superintendent shall notify school districts and county offices of education whenever the conditions specified in subdivision (a) are met, and shall notify school districts and county offices of education when those conditions no longer exist. (Amended by Stats. 2017, Ch. 674, Sec. 1. (SB 751) Effective January 1, 2018.)
  100. 42127.1.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district budget is disapproved, the county superintendent must call for a budget review committee unless the waiver process is approved; the department must also ensure a balanced budget by December 31 after a waiver is approved.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.1. (a) Pursuant to subdivision (f) of Section 42127, upon the disapproval of a school district budget by the county superintendent of schools, the county superintendent of schools shall call for the formation of a budget review committee unless the governing board of the school district and the county superintendent of schools agree to waive the requirement that a budget review committee be formed, and the department approves the waiver after determining that a budget review committee is not necessary. Upon the grant of a waiver, the county superintendent of schools has the authority and responsibility provided to a budget review committee in Section 42127.3. Upon approving a waiver of the budget review committee, the department shall ensure that a balanced budget is adopted for the school district by December 31. (b) The budget review committee shall be composed of three persons selected by the governing board of the school district from a list of candidates provided to the governing board of the school district by the Superintendent. The list of candidates shall be composed of persons who have expertise in the management of a school district or county office of education. Their experience shall include, but not necessarily be limited to, the fiscal and educational aspects of local educational agency management. (c) Notwithstanding subdivision (b) or any other provision of this article, with the approval of the Superintendent and the governing board of the school district, the county superintendent of schools may select and convene a regional review committee, consisting of persons having the expertise described in subdivision (b). The regional review committee shall operate in place of the budget review committee, in accordance with the provisions of this article governing budget review committees. (d) (1) Except as provided in paragraph (2), members of the budget review committee shall be reimbursed by the department for their services and associated expenses while on official business at rates established by the Superintendent, subject to the approval of the executive director of the state board. (2) Notwithstanding paragraph (1), an employee of the County Office Fiscal Crisis and Management Assistance Team who serves as a member of the budget review committee shall not be eligible for reimbursement by the department for their services and associated expenses while on official business. (Amended by Stats. 2025, Ch. 8, Sec. 23. (AB 121) Effective June 27, 2025.)
  101. 42127.2.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district boards must select a budget review committee within 5 working days after receiving the Superintendent’s candidate list, and the Superintendent must convene it shortly after.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.2. (a) The governing board of a school district shall, no later than five working days after the receipt of a candidate list from the Superintendent pursuant to Section 42127.1, select a budget review committee, and the Superintendent shall convene the committee no later than five working days following that selection. If the governing board of the school district fails to select a committee within the period of time permitted by this subdivision, the Superintendent instead shall select and convene the budget review committee no later than 10 working days after the district’s receipt of the candidate list. (b) On or before November 30, the budget review committee shall review the proposed budget of the district and the underlying fiscal policies of the school district and transmit to the Superintendent of Public Instruction, the county superintendent of schools, and the governing board of the school district either of the following: (1) The recommendation that the school district budget be approved. (2) A report disapproving the school district budget and setting forth recommendations for revisions to the school district budget that would enable the district to meet its financial obligations both in the current fiscal year and with regard to the district’s multiyear financial commitments. (c) The Superintendent may extend the deadline set forth in subdivision (b) for a period of not more than 15 working days. (d) The Superintendent shall establish criteria and procedures governing the performance by budget review committees of their duties pursuant to this section. (e) Upon request of the county superintendent of schools, the Controller’s office may conduct an audit or review of the fiscal condition of the school district in order to assist a budget review committee or regional review committee for the purposes of this section. (Amended by Stats. 2015, Ch. 19, Sec. 46. (SB 78) Effective June 24, 2015.)
  102. 42127.3.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section sets out how a school district budget is approved or disapproved and what the county superintendent must do if the budget is disapproved.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.3. (a) If the budget review committee established pursuant to Sections 42127.1 and 42127.2 recommends approval of the school district budget, the county superintendent of schools shall accept the recommendation of the budget review committee and approve the budget. (b) If the budget review committee established pursuant to Sections 42127.1 and 42127.2 disapproves the school district budget, the governing board of the school district, not later than five working days after receipt of the report described in paragraph (2) of subdivision (b) of Section 42127.2, may submit a response to the Superintendent, including any revisions to the adopted final budget and any other proposed actions to be taken as a result of the recommendations of the budget review committee. Based upon the recommendations of the budget review committee and any response to those recommendations provided by the governing board of the school district, the Superintendent shall either approve or disapprove the budget. If the Superintendent disapproves the budget, he or she shall notify the governing board of the school district in writing of the reasons for that disapproval and, until the county superintendent of schools certifies the school district’s first interim report pursuant to Section 42131, the county superintendent of schools shall do the following as necessary: (1) On or before December 31, develop and adopt, in consultation with the Superintendent and the governing board of the school district, a fiscal plan and budget that will govern the district and will allow the district to meet its financial obligations, both in the current fiscal year and with regard to the district’s multiyear financial commitments. The Superintendent may extend the date by which the county superintendent of schools is required to develop and adopt a fiscal plan and budget. The governing board of the school district shall govern the operation of the school district for the current fiscal year in accordance with that adopted budget. (2) Cancel purchase orders, prohibit the issuance of nonsalary warrants, and otherwise stay or rescind any action that is inconsistent with the budget adopted pursuant to paragraph (1). The county superintendent of schools shall inform the governing board of the school district in writing of his or her justification for any exercise of authority under this paragraph. (3) Monitor and review the operation of the school district. (4) Determine the need for additional staff and may employ, subject to approval by the Superintendent, short-term analytical assistance or expertise to validate financial information if the school district staff does not have the expertise or staff. (5) Require the school district to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables. (6) Determine whether there are any financial problem areas and may employ, subject to approval by the Superintendent, a certified public accounting firm to investigate financial problem areas. (7) Withhold compensation of the members of the governing board of the school district and the superintendent of the school district for failure to provide requested financial information. A forfeiture may be appealed to the Superintendent pursuant to subdivision (b) of Section 42127.6. (c) If, during the selection of the budget review committee or during the committee’s review of the budget, an agreement is reached between the governing board of the school district and the county superintendent of schools, and the school district revises its budget to comply with this agreement, the county superintendent of schools shall approve the school district budget and the budget review committee selection, or its review of the budget, shall be canceled. (d) The school district shall pay 75 percent and the county office of education shall pay 25 percent of the actual administrative expenses incurred pursuant to subdivision (b), or costs associated with improving the district’s financial management practices. The Superintendent shall develop, and distribute to affected school districts and county offices of education, advisory guidelines regarding the appropriate amount of any fees charged pursuant to this subdivision. (e) This section shall not be construed to authorize the county superintendent of schools to abrogate any provision of a collective bargaining agreement that was entered into by a school district prior to the date upon which the county superintendent of schools disapproved the budget of the school district pursuant to subdivision (b). (Amended by Stats. 2015, Ch. 19, Sec. 47. (SB 78) Effective June 24, 2015.)
  103. 42127.4.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district must keep operating under the budget with the lower total spending authority until its budget is approved.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.4. Until a school district receives approval of its budget under this article, the school district shall continue to operate on the basis of whichever of the following budgets contains a lower total spending authority: (a) The last budget adopted or revised by the governing board of the school district for the prior fiscal year. (b) The unapproved budget for the current fiscal year, as adopted and revised by the governing board of the school district. (Amended by Stats. 1991, Ch. 1213, Sec. 19.)
  104. 42127.5.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a school district has reported a negative unrestricted fund balance or negative cash balance, its governing board must submit a statement with the budget explaining why and what steps have been taken to avoid ending the fiscal year with that negative balance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.5. The governing board of any school district that reported a negative unrestricted fund balance or a negative cash balance in the annual report required by Section 42127 or in the audited annual financial statements required by Section 41020 shall include with the budget submitted in accordance with Section 42127 and the certifications required by Section 35015 a statement that identifies the reasons for the negative unrestricted fund balance or negative cash balance and the steps that have been taken to ensure that the negative balance will not occur at the end of the current fiscal year. (Added by Stats. 1986, Ch. 1150, Sec. 13.)
  105. 42127.6.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts with signs of fiscal distress must provide financial documents to the county superintendent, and county officials must review, investigate, report, and take remedial 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.6. (a) (1) A school district shall provide the county superintendent of schools with a copy of a study, report, evaluation, or audit that was commissioned by the school district, the county superintendent, the Superintendent, and state control agencies and that contains evidence that the school district is showing fiscal distress under the standards and criteria adopted by the state board pursuant to Section 33127, or a report on the school district by the County Office Fiscal Crisis and Management Assistance Team. The county superintendent shall review and consider studies, reports, evaluations, or audits of the school district that contain evidence that the school district is demonstrating fiscal distress under the standards and criteria adopted by the state board pursuant to Section 33127 or that contain a finding by an external reviewer that the school district is at moderate or high risk of intervention based on the most common indicators of a school district needing intervention, as determined by the County Office Fiscal Crisis and Management Assistance Team. If these findings are made, the county superintendent of schools shall investigate the financial condition of the school district and determine if the school district may be unable to meet its financial obligations for the current or two subsequent fiscal years, or should receive a qualified or negative interim financial certification pursuant to Section 42131. If at any time during the fiscal year the county superintendent of schools determines that a school district may be unable to meet its financial obligations for the current or two subsequent fiscal years or if a school district has a qualified or negative certification pursuant to Section 42131, the county superintendent of schools shall provide a written notice of going concern determination to the governing board of the school district and the Superintendent and the basis for the determination. The notification shall include the assumptions used in making the determination and shall be available to the public. The county superintendent of schools shall report to the Superintendent on the financial condition of the school district and the county superintendent’s proposed remedial actions and shall do at least one of the following and all actions that are necessary to ensure that the school district meets its financial obligations: (A) Assign a fiscal expert, paid for by the county superintendent of schools, to advise the school district on its financial problems. (B) Conduct a study of the financial and budgetary conditions of the school district that includes, but is not limited to, a review of internal controls. If, in the course of this review, the county superintendent of schools determines that the county superintendent’s office requires analytical assistance or expertise that is not available through the school district, the county superintendent of schools may employ, on a short-term basis, with the approval of the Superintendent, staff, including certified public accountants, to provide the assistance and expertise. The school district shall pay 75 percent and the county office of education shall pay 25 percent of these staff costs. (C) Direct the school district to submit a financial projection of all fund and cash balances of the district as of June 30 of the current year and subsequent fiscal years as the county superintendent of schools requires. (D) Require the district to encumber all contracts and other obligations, to prepare appropriate cashflow analyses and monthly or quarterly budget revisions, and to appropriately record all receivables and payables. (E) Direct the school district to submit a proposal for addressing the fiscal conditions that resulted in the determination that the school district may not be able to meet its financial obligations. (F) Withhold compensation of the members of the governing board of the school district and the school district superintendent for failure to provide requested financial information. This action may be appealed to the Superintendent pursuant to subdivision (b). (G) Assign the County Office Fiscal Crisis and Management Assistance Team to review teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment in the school district, to provide the school district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of teacher misassignment, and provision of highly qualified teachers, and to perform any or all of the duties prescribed in subparagraphs (A) to (C), inclusive, or to further review the causes that led to a finding of moderate or high risk of intervention pursuant to subdivision (a) and recommend corrective action. If a review team is assigned to a school district, the school district shall follow the recommendations of the team, unless the school district shows good cause for failure to do so. The County Office Fiscal Crisis and Management Assistance Team may not recommend an action that would abrogate a contract that governs employment. (2) Any contract entered into by a county superintendent of schools for the purposes of this subdivision is subject to the approval of the Superintendent. (3) An employee of a school district who provides information regarding improper governmental activity, as defined in Section 44112, is entitled to the protection provided pursuant to Article 5 (commencing with Section 44110) of Chapter 1 of Part 25. (b) Within five days of the county superintendent of schools making the determination specified in subdivision (a), a school district may appeal the basis of the determination and any of the proposed actions that the county superintendent of schools has indicated that the county superintendent of schools will take to further examine the financial condition of the school district. The Superintendent shall sustain or deny any or all parts of the appeal within 10 days. (c) If after taking the actions identified in subdivision (a), the county superintendent of schools determines that a school district will be unable to meet its financial obligations for the current or subsequent fiscal year or if a school district experiences a significant fiscal event that is determined by the county superintendent of schools to have an immediate severe fiscal impact that will cause a school district to be unable to meet its financial obligations for the current or subsequent fiscal year, the county superintendent of schools shall notify the governing board of the school district, the superintendent of the school district, each recognized employee organization of the school district, each recognized parent organization of the school district, the Superintendent, and the president of the state board or the president’s designee in writing of that determination and the basis for that determination. The notification shall include the assumptions used in making the determination. (d) Within five days of the county superintendent of schools making the determination specified in subdivision (c), a school district may appeal that determination to the Superintendent. The Superintendent shall sustain or deny the appeal within 10 days. If the governing board of the school district appeals the determination, the county superintendent of schools may stay any action of the governing board of the school district that the county superintendent of schools determines is inconsistent with the ability of the school district to meet its financial obligations for the current or subsequent fiscal year until resolution of the appeal by the Superintendent. (e) If the appeal described in subdivision (d) is denied or not filed, or if the school district has a negative certification pursuant to Section 42131, the county superintendent of schools shall take all actions that are necessary to ensure that the school district meets its financial obligations, make a report to the Superintendent and the president of the state board, or the president’s designee, about the financial condition of the school district and remedial actions proposed by the county superintendent of schools, and shall, in consultation with the Superintendent, take at least one of the following actions: (1) Develop and impose, in consultation with the Superintendent and the governing board of the school district, a budget revision that will enable the school district to meet its financial obligations in the current fiscal year. (2) Stay or rescind any action that is determined to be inconsistent with the ability of the school district to meet its obligations for the current or subsequent fiscal year. This includes any actions up to the point that the subsequent year’s budget is approved by the county superintendent of schools. The county superintendent of schools shall inform the governing board of the school district in writing of the county superintendent’s justification for any exercise of authority under this paragraph. (3) Assist in developing, in consultation with the governing board of the school district, a multiyear financial recovery plan that will enable the school district to meet its future obligations. (4) Assist in developing, in consultation with the governing board of the school district, a budget for the subsequent fiscal year. If necessary, the county superintendent of schools shall continue to work with the governing board of the school district until the budget for the subsequent year is adopted by the governing board of the school district and approved by the county superintendent of schools. (5) As necessary, appoint a fiscal adviser to perform any or all of the duties prescribed by this section on behalf of the county superintendent of schools. (f) Any action taken by the county superintendent of schools pursuant to paragraph (1) or (2) of subdivision (e) shall be accompanied by a notification that shall include the actions to be taken, the reasons for the actions, and the assumptions used to support the necessity for these actions and shall be made available to the public. (g) This section does not authorize the county superintendent of schools to abrogate any provision of a collective bargaining agreement that was entered into by a school district before the date that the county superintendent of schools assumed authority pursuant to subdivision (e). (h) The school district shall pay 75 percent and the county office of education shall pay 25 percent of the administrative expenses incurred pursuant to subdivision (e) or costs associated with improving the school district’s financial management practices. The Superintendent shall develop and distribute to affected school districts and county offices of education advisory guidelines regarding the appropriate amount of administrative expenses charged pursuant to this subdivision. (i) Notwithstanding Section 42647 or 42650 or any other law, a county treasurer shall not honor any warrant if, pursuant to Sections 42127 to 42127.5, inclusive, or pursuant to this section, the county superintendent of schools or the Superintendent, as appropriate, has disapproved that warrant or the order on school district funds for which a warrant was prepared. (j) Effective upon the certification of the election results for a newly organized school district pursuant to Section 35763, the county superintendent of schools may exercise any of the powers and duties of this section regarding the reorganized school district and the other affected school districts until the reorganized school district becomes effective for all purposes in accordance with Article 4 (commencing with Section 35530) of Chapter 3 of Part 21. (k) The Superintendent shall monitor the efforts of a county office of education in exercising its authority under this section and may exercise any of that authority if the Superintendent finds that the actions of the county superintendent of schools are not effective in resolving the financial problems of the school district. Upon a decision to exercise the powers of the county superintendent of schools, the county superintendent of schools is relieved of those powers assumed by the Superintendent, and shall provide support and assistance to the Superintendent in the exercise of those powers. The Superintendent shall also request that the County Office Fiscal Crisis and Management Assistance Team identify the circumstances that led to the ineffectiveness of the county superintendent of schools in resolving the financial problems of the school district, and shall require the county office of education to demonstrate, in a manner determined by the Superintendent, remediation of those deficiencies. In addition to the actions taken by the county superintendent of schools, the Superintendent shall take further actions to ensure the long-term fiscal stability of the school district. The county office of education shall reimburse the Superintendent for all of the Superintendent’s costs in exercising the Superintendent’s authority under this subdivision. The Superintendent shall promptly notify the county superintendent of schools, the county board of education, the superintendent of the school district, the governing board of the school district, the appropriate policy and fiscal committees of each house of the Legislature, and the Department of Finance of the Superintendent’s decision to exercise the authority of the county superintendent of schools. (Amended by Stats. 2025, Ch. 8, Sec. 24. (AB 121) Effective June 27, 2025.)
  106. 42127.8.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    This section creates the County Office Fiscal Crisis and Management Assistance Team and gives the Superintendent and governing board specified powers and duties around requests, training, fees, and reporting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.8. (a) The governing board provided for in subdivision (b) shall establish a unit to be known as the County Office Fiscal Crisis and Management Assistance Team. The team shall consist of persons having extensive experience in school district budgeting, accounting, data processing, telecommunications, risk management, food services, pupil transportation, purchasing and warehousing, facilities maintenance and operation, and personnel administration, organization, and staffing. The Superintendent may appoint one employee of the department to serve on the unit. The unit shall be operated under the immediate direction of an appropriate county office of education selected jointly, in response to an application process, by the Superintendent and the president of the state board or the president of the state board’s designee. (b) The unit established under subdivision (a) shall be selected and governed by a 25-member governing board consisting of one representative chosen by the California County Superintendents Educational Services Association from each of the 11 county service regions designated by the association, 11 superintendents of school districts chosen by the Association of California School Administrators from each of the 11 county service regions, one representative from the department chosen by the Superintendent, the Chancellor of the California Community Colleges or the chancellor’s designee, and one member of a community college district governing board chosen by the chancellor. The governing board of the County Office Fiscal Crisis and Management Assistance Team shall select a county superintendent of schools to chair the unit. (c) (1) The Superintendent may request the unit to provide the assistance described in subdivision (b) of Section 1624, Section 1630, subdivision (b) of Section 42127.3, subdivision (e) of Section 42127.6, and Section 42127.9, and with the computation described in subdivision (a) of Section 42238.2, and to review the fiscal and administrative condition of any county office of education, school district, or charter school. (2) A county superintendent of schools may request the unit to review the fiscal or administrative condition of a school district or charter school under the county superintendent of schools’ jurisdiction. (3) The Board of Governors of the California Community Colleges may request the unit to provide the assistance described in Section 84041. (d) In addition to the functions described in subdivision (c), the unit shall do all of the following: (1) Provide fiscal management assistance, at the request of any school district, charter school, or county office of education, or, pursuant to subdivision (g) of Section 84041, at the request of any community college district. Each school district, charter school, or county office of education receiving that assistance shall be required to pay the personnel costs and travel costs incurred by the unit for that purpose, pursuant to rates determined by the governing board established under subdivision (b). The governing board annually shall ensure rate information is posted on the unit’s internet website. (2) Facilitate training for members of the governing board of the school district, district and county superintendents, chief financial officers within the district, and schoolsite personnel whose primary responsibility is to address fiscal issues. Training services shall emphasize efforts to improve fiscal accountability and expand the fiscal competency of local agencies. The unit shall use state professional associations, private organizations, and public agencies to provide guidance, support, and the delivery of any training services. (3) Facilitate fiscal management training through the 11 county service regions to county office of education staff to ensure that they develop the technical skills necessary to perform their fiduciary duties. The governing board established pursuant to subdivision (b) shall determine the extent of the training that is necessary to comply with this paragraph. (4) Produce a training calendar that publicizes all of the fiscal training services that are being offered at the local, regional, and state levels, and post that training calendar on the unit’s internet website. (e) The governing board shall reserve not less than 25 percent, nor more than 50 percent, of its revenues each year for expenditure for the costs of contracts and professional services as management assistance to school districts or county superintendents of schools in which the board determines that a fiscal emergency exists. (f) The governing board established under subdivision (b) may levy an annual assessment against each county office of education that elects to participate under this section in an amount not to exceed twenty cents ($0.20) per unit of total average daily attendance for all school districts within the county. The revenues collected pursuant to that assessment shall be applied to the expenses of the unit. (g) The governing board established under subdivision (b) may pay to the department, from any available funds, a reasonable amount to reimburse the department for actual administrative expenses incurred in the review of the budgets and fiscal conditions of school districts, charter schools, and county superintendents of schools. (h) When employed as a fiscal adviser by the department pursuant to Section 1630, employees of the unit established pursuant to subdivision (a) shall be considered employees of the department for purposes of errors and omissions liability insurance. (Amended by Stats. 2024, Ch. 38, Sec. 19. (SB 153) Effective June 29, 2024.)
  107. 42127.9.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board may appeal certain county superintendent budget changes within 5 days, and the Superintendent must decide the appeal within 5 days after receiving 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42127.9. (a) No later than five days after a school district receives notice of any change or changes adopted by the county superintendent of schools in the school district’s budget pursuant to subdivision (b) of Section 42127.3, subdivision (e) of Section 42127.6, or subdivision (b) of Section 42131, the governing board of the school district may submit an appeal to the Superintendent, based upon the contention that the change or changes would do one or more of the following: (1) Exceed the financial or program changes necessary to allow the school district to meet its financial obligations in the current fiscal year and with regard to its multiyear financial commitments. It is the intent of the Legislature that any change or changes adopted by the county superintendent of schools in a school district’s budget minimize, to the extent possible, any impact upon the educational program of the school district. (2) Require reductions that are unnecessary in view of other reductions that are proposed by the governing board of the school district and that reasonably can be expected to be realized. (3) Make one or more changes in the school district’s operations that are inconsistent with any provision of state or federal law. (b) No later than five days after receiving that appeal, the Superintendent, with the concurrence of the president of the state board or the president’s designee, shall deny or uphold the appeal. If the appeal is denied, the school district shall implement the change or changes adopted by the county superintendent of schools. If the appeal is upheld, the Superintendent may revise the change or changes adopted by the county superintendent of schools or issue guidelines governing the manner in which the governing board of the school district or the county superintendent of schools shall be required to change the school district budget. (Amended by Stats. 2019, Ch. 497, Sec. 51. (AB 991) Effective January 1, 2020.)
  108. 42128.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county superintendent of schools may not make school apportionments if a district or charter school fails to complete required plan, budget, or report actions, and must withhold funds until those requirements 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42128. (a) Except as provided in subdivision (c), a county superintendent of schools shall not make an apportionment of state, local, or county school moneys for the current fiscal year for a school district or charter school if the governing board of the school district or the school district or the governing body of the charter school or the charter school neglects or refuses to do any of the following: (1) Adopt a local control and accountability plan pursuant to Section 52060 or 47606.5. (2) Adopt an annual update to a local control and accountability plan pursuant to Section 52061 or 47606.5. (3) Adopt or submit a school district or charter school budget pursuant to this article or Section 47604.33. (4) Submit reports pursuant to Section 42130 or 47604.33. (b) A county superintendent of schools shall withhold apportionments pursuant to subdivision (a), including previously withheld apportionments for the current fiscal year, until the requirements listed in paragraphs (1) to (4), inclusive, of subdivision (a) are met and shall notify the appropriate county official that the county superintendent of schools shall not approve any warrants issued by the school district or charter school. (c) If the governing board of a school district or a school district or a governing body of a charter school or a charter school is unable to fulfill one or more requirements described in subdivision (a) due to any of the events described in subdivision (a) of Section 46392, the governing board of the school district or the governing body of the charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information: (1) A description of the emergency event. (2) The date that the requirements described in subdivision (a) were met. (Amended by Stats. 2025, Ch. 8, Sec. 25. (AB 121) Effective June 27, 2025.)
  109. 42129.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School districts, county offices of education, and charter schools must timely send specified budget and accountability reports to the Superintendent or county superintendent, and late filing can trigger withholding of certain 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Budget Requirements [42122 - 42129] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42129. (a) School districts, county offices of education, and charter schools shall transmit to the Superintendent, on a timely basis, local control and accountability plans, annual updates to local control and accountability plans, all budget reports, prior year expenditure reports, qualified and negative financial status reports, program cost accounting reports, certifications, and audit reports as required by subdivision (l) of Section 1240, Sections 1621, 1623, 1628, 41020, 42100, 42127, 42131, 47604.33, 47606.5, 52060, 52061, 52066, and 52067, Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4, and Sections 7906 and 7907 of the Government Code, and reports used to calculate the first, second, and annual principal apportionments, as applicable. If a plan, update, or report is not submitted to the Superintendent within 14 days after the submission date prescribed in the statute or specified by the Superintendent, the Superintendent may direct the county auditor or charter school to withhold payment of any stipend, expenses, benefits, or salaries and wages of the district superintendent, county superintendent of schools, charter school administrator, or members of the governing board, as appropriate. The payments shall be withheld until the delinquent reports have been submitted to the Superintendent. If a county superintendent of schools performs the functions of the county auditor, the Superintendent may direct the county superintendent of schools to withhold the payments specified in this subdivision. (b) (1) Except as provided in paragraph (2), school districts and charter schools shall transmit to the county superintendent of schools, on a timely basis, local control and accountability plans, annual updates to local control and accountability plans, all budget reports, prior year expenditure reports, qualified and negative financial status reports, program cost accounting reports, certifications, and audit reports as required by Sections 41020, 42100, 42127, 42131, 47604.33, 47606.5, 52060, and 52061, Chapter 7.2 (commencing with Section 56836) of Part 30 of Division 4, and Section 7906 of the Government Code, and reports used to calculate the first, second, and annual principal apportionments, as applicable. If a plan, update, or report is not submitted to the county superintendent of schools within 14 days after the submission date prescribed in the statute or specified by the Superintendent, the county superintendent of schools shall direct the county auditor or charter school to withhold payment of any stipend, expenses, benefits, or salaries and wages of the district superintendent, charter school administrator, or members of the governing board, as appropriate. The payments shall be withheld until the delinquent reports have been submitted to the county superintendent of schools. If a county superintendent of schools performs the functions of the county auditor, the county superintendent of schools shall withhold the payments specified in this subdivision. (2) If a school district or charter school is unable to fulfill one or more requirements described in paragraph (1) due to any of the events described in subdivision (a) of Section 46392, the school district or charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information: (A) A description of the emergency event. (B) The date that the requirements described in paragraph (1) were met. (Amended by Stats. 2025, Ch. 8, Sec. 26. (AB 121) Effective June 27, 2025.)
  110. 42130.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. )

    Verify source ↗

    School district superintendents must submit two reports each fiscal year to the district governing board, and the board must approve them within 45 days after each reporting period ends.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. ) ## 42130. The superintendent of each school district shall, in addition to any other powers and duties granted to or imposed upon him or her, submit two reports to the governing board of the district during each fiscal year. The first report shall cover the financial and budgetary status of the district for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be approved by the district governing board no later than 45 days after the close of the period being reported. All reports required by this subdivision shall be in a format or on forms prescribed by the Superintendent of Public Instruction, and shall be based on standards and criteria for fiscal stability adopted by the State Board of Education pursuant to Section 33127. The reports, and supporting data, shall be maintained and made available by the school district for public review. (Added by Stats. 1991, Ch. 1213, Sec. 23.)
  111. 42131.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. )

    Verify source ↗

    School district governing boards must certify their ability to meet financial obligations within 45 days after each reporting period, and county and state officials must receive, review, and sometimes adjust those certifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. ) ## 42131. (a) (1) Pursuant to the reports required by Section 42130, the governing board of each school district shall certify, in writing, within 45 days after the close of the period being reported, whether the school district is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for the subsequent two fiscal years. These certifications shall be based upon the governing board of the school district’s assessment, on the basis of standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127, of the school district budget, as revised to reflect current information regarding the adopted State Budget, school district property tax revenues pursuant to Sections 95 to 100, inclusive, of the Revenue and Taxation Code, and ending balances for the preceding fiscal year as reported pursuant to Section 42100. The certifications shall be classified as positive, qualified, or negative, as prescribed by the Superintendent for purposes of determining subsequent actions by the Superintendent, the Controller, or the county superintendent of schools, pursuant to subdivisions (b) and (c). These certifications shall be based upon the financial and budgetary reports required by Section 42130 but may include additional financial information known by the governing board of the school district to exist at the time of each certification. For purposes of this subdivision, a negative certification shall be assigned to any school district that, based upon current projections, will be unable to meet its financial obligations for the remainder of the fiscal year or the subsequent fiscal year. A qualified certification shall be assigned to any school district that, based upon current projections, may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to any school district that, based upon current projections, will meet its financial obligations for the current fiscal year and subsequent two fiscal years. (2) (A) A copy of each certification and a copy of the report submitted to the governing board of the school district pursuant to Section 42130 shall be filed with the county superintendent of schools. If a county office of education receives a positive certification when it determines a negative or qualified certification should have been filed, or receives a qualified certification when it determines a negative certification should have been filed, the county superintendent of schools shall change the certification to negative or qualified, as appropriate, and, no later than 75 days after the close of the period being reported, shall provide notice of that action to the governing board of the school district and to the Superintendent. No later than five days after a school district receives notice from the county superintendent of schools of a change in the school district’s certification to negative or qualified, the governing board of the school district may submit an appeal to the Superintendent regarding the validity of that change, in accordance with the criteria applied to those designations pursuant to this subdivision. No later than 10 days after receiving that appeal, the Superintendent shall determine the certification to be assigned to the school district and shall notify the governing board of the school district and the county superintendent of schools of that determination. (B) Copies of any certification in which the governing board of the school district is unable to certify unqualifiedly that these financial obligations will be met and a copy of the report submitted to the governing board of the school district pursuant to Section 42130 shall be sent by the county office of education to the Controller and the Superintendent at the time of the certification, together with a completed transmittal form provided by the Superintendent. Within 75 days after the close of the reporting period on all school district certifications that are classified as qualified or negative pursuant to this section, the appropriate county superintendent of schools shall submit to the Superintendent and the Controller the county superintendent of schools’ comments on those certifications and report any action proposed or taken pursuant to subdivision (b). (3) All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent and shall be based on standards and criteria for fiscal stability adopted by the state board pursuant to Section 33127. (4) This subdivision does not preclude the submission of additional budgetary or financial reports by the county superintendent of schools to the governing board of the school district, or to the Superintendent. (b) As to any school district having a negative or qualified certification, the county superintendent of schools shall exercise the county superintendent of schools’ authority, as necessary, pursuant to Section 42127.6. (c) Within 75 days after the close of each reporting period, each county superintendent of schools shall report to the Controller and the Superintendent as to whether the governing board of each of the school districts under the county superintendent of schools’ jurisdiction has submitted the certification required by subdivision (a). That report shall account for all school districts under the jurisdiction of the county office of education and indicate the type of certification filed by each school district. (d) The Controller’s office may conduct an audit or review of the fiscal condition of any school district having a negative or qualified certification. (e) Any school district having a negative or qualified certification, or classified as qualified or negative by the county superintendent of schools, shall continue to be classified as qualified or negative until the next report required under Section 42130 is filed. (f) The governing board of each school district filing a qualified or negative certification for the second report required under Section 42130, or classified as qualified or negative by the county superintendent of schools, shall provide to the county superintendent of schools, the Controller, and the Superintendent no later than June 1, financial statement projections of the school district’s fund and cash balances through June 30 for the period ending April 30. The governing boards of all other school districts are encouraged to develop a similar financial statement for use in developing the beginning fund balances of the school district for the ensuing fiscal year. (g) A school district for which the county board of education serves as the governing board of the school district is not subject to subdivisions (a) to (f), inclusive, but is governed instead by the interim report, monitoring, and review procedures set forth in subdivision (l) of Section 1240 and in Article 2 (commencing with Section 1620) of Chapter 5 of Part 2. (Amended by Stats. 2020, Ch. 24, Sec. 27. (SB 98) Effective June 29, 2020.)
  112. 42132.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. )

    Verify source ↗

    Each school district’s governing board must adopt an annual resolution by September 15 identifying its appropriations limits, and the supporting documentation must be available to the public at the meeting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. ) ## 42132. On or before September 15 of each year, the governing board of each school district shall adopt a resolution to identify, pursuant to Division 9 (commencing with Section 7900) of Title 1 of the Government Code, the estimated appropriations limit for the district for the current fiscal year and the actual appropriations limit for the district for the preceding fiscal year. That resolution shall be adopted at a regular or special meeting of the governing board. Notwithstanding Section 7910 of the Government Code, documentation used in the identification of the appropriations limits shall be made available to the public on the date of the meeting. (Amended by Stats. 2005, Ch. 677, Sec. 20. Effective October 7, 2005.)
  113. 42133.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. )

    Verify source ↗

    School districts and county offices of education with a qualified or negative certification are barred from issuing certain debt instruments and from submitting related debt reports, unless the relevant state/county official finds repayment is probable.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. ) ## 42133. (a) A school district that has a qualified or negative certification in any fiscal year may not issue, in that fiscal year or in the next succeeding fiscal year, certificates of participation, tax anticipation notes, revenue bonds, or any other debt instruments that do not require the approval of the voters of the district, nor may the district cause an information report regarding the debt instrument to be submitted pursuant to subdivision (e) of Section 149 of Title 26 of the United States Code, unless the county superintendent of schools determines, pursuant to criteria established by the Superintendent of Public Instruction, that the district’s repayment of that indebtedness is probable. A school district is deemed to have a qualified or negative certification for purposes of this subdivision if, pursuant to this article, it files that certification or the county superintendent of schools classifies the certification for that fiscal year to be qualified or negative. (b) A county office of education that has a qualified or negative certification in any fiscal year may not issue, in that fiscal year or in the next succeeding fiscal year, certificates of participation, tax anticipation notes, revenue bonds, or any other debt instruments not requiring the approval of the voters of the district, nor may the county office of education cause an information report regarding the debt instrument to be submitted pursuant to subdivision (e) of Section 149 of Title 26 of the United States Code, unless the Superintendent of Public Instruction determines that the repayment of that indebtedness by the county office of education is probable. A county office of education is deemed to have a qualified or negative certification for purposes of this subdivision if, pursuant to this article, it files that certification or the Superintendent of Public Instruction classifies the certification for that fiscal year to be qualified or negative. For purposes of this subdivision, “county office of education” includes a school district that is governed by a county board of education. (c) No later than March 31, 1992, the Superintendent of Public Instruction shall develop and adopt criteria and standards to govern the determination to be made under subdivisions (a) and (b). (Added by Stats. 1991, Ch. 1213, Sec. 25.)
  114. 42133.5.

    ## 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. )

    Verify source ↗

    A school district may not use certain proceeds for its general operating 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. ) ## 42133.5. Regardless of the certification of the budgetary status of a school district or county office of education under subdivision (l) of Section 1240 or Section 42131, the proceeds obtained by a school district from the sources listed in subdivisions (a) to (d), inclusive, shall not be used for general operating purposes of the school district. (a) The sale of a saleback or leaseback agreement, or interests in the agreement. (b) A debt instrument payable from payments under a saleback or leaseback agreement. (c) Certificates of participation. (d) Other debt instruments that meet both of the following criteria: (A) They are secured by real property. (B) They do not require the approval of the voters of the school district. (Amended by Stats. 2009, Ch. 140, Sec. 52. (AB 1164) Effective January 1, 2010.)
  115. 42134.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. )

    Verify source ↗

    The Superintendent of Public Instruction must publish an annual multiyear revenue projection for school districts and county offices 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Financial Reports and Certifications [42130 - 42134] ( Article 3 added by Stats. 1991, Ch. 1213, Sec. 23. ) ## 42134. The Superintendent of Public Instruction shall publish annually a multiyear projection of the revenues that will be available to school districts and county offices of education from state and local sources, for use by school districts and county offices of education in determining the multiyear financial condition of those entities for the purposes of this article and Article 2. That projection shall be based on revenue forecasts issued by the Department of Finance, the Legislative Analyst, or the Commission on State Finance, shall be published in a form that may easily be used by school districts and county offices of education, and shall be made available to those entities. (Added by Stats. 1991, Ch. 1213, Sec. 26.)
  116. 42140.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] ( Article 4 added by Stats. 1994, Ch. 650, Sec. 7. )

    Verify source ↗

    School and county education officials must report and certify the estimated unfunded cost of retiree health and welfare benefits, and related budget reserve decisions, on an annual basis.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] ( Article 4 added by Stats. 1994, Ch. 650, Sec. 7. ) ## 42140. (a) If a school district or county office of education, either individually or as a member of a joint powers agency, provides health and welfare benefits for employees upon their retirement, and those benefits will continue after the employees reach 65 years of age, the superintendent of the school district or county superintendent of schools, as appropriate, annually shall provide information to the governing board of the school district or the county board of education, as appropriate, regarding the estimated accrued but unfunded cost of those benefits. The estimate of cost shall be based upon an actuarial report that incorporates annual fiscal information and is obtained by the superintendent at least every three years. The actuarial report shall be performed by an actuary who is a member of the American Academy of Actuaries. If the school district or county office of education regularly contracts for an actuarial report for other fiscal matters, a separate actuarial report is not required, if the estimate of costs required by this subdivision is separately and clearly set forth in that report. (b) The cost information required by subdivision (a) and a copy of the actuarial report on which the estimated costs are based shall be presented by the superintendent at a public meeting of the governing board. At that meeting, the governing board shall disclose, as a separate agenda item, whether or not it will reserve a sufficient amount of money in its budget to fund the present value of the health and welfare benefits of existing retirees or the future cost of employees who are eligible for benefits in the current fiscal year, or both. (c) The governing board annually shall certify to the county superintendent of schools the amount of money, if any, that it has decided to reserve in its budget for the cost of those benefits, and shall submit to the county superintendent of schools any budget revisions that may be necessary to account for that budget reserve. (d) The county board of education annually shall certify to the Superintendent of Public Instruction the amount of money, if any, that has been reserved in the budget of the county office of education for the cost of those benefits. (e) This section is inoperative on January 1, 2005. (Amended by Stats. 2004, Ch. 895, Sec. 6. Effective January 1, 2005.)
  117. 42141.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] ( Article 4 added by Stats. 1994, Ch. 650, Sec. 7. )

    Verify source ↗

    School and county education offices that self-insure workers’ compensation claims must report estimated unfunded costs, use a qualified actuarial report, and make related disclosures and certifications on an annual basis.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] ( Article 4 added by Stats. 1994, Ch. 650, Sec. 7. ) ## 42141. (a) If a school district or county office of education, either individually or as a member of a joint powers agency, is self-insured for workers’ compensation claims, the superintendent of the school district or county superintendent of schools, as appropriate, annually shall provide information to the governing board of the school district or the county board of education, as appropriate, regarding the estimated accrued but unfunded cost of those claims. The estimate of costs shall be based on an actuarial report that incorporates annual fiscal information and is obtained by the superintendent at least every three years. The actuarial report shall be performed by an actuary who is a member of the American Academy of Actuaries. If the school district or county office of education regularly contracts for an actuarial report for other fiscal matters, a separate actuarial report is not required, if the estimate of costs required by this subdivision is separately and clearly set forth in that report. (b) The cost information required by subdivision (a) and a copy of the actuarial report on which the estimated costs are based shall be presented by the superintendent at a public meeting of the governing board. At that meeting, the governing board shall disclose, as a separate agenda item, whether or not it will reserve a sufficient amount of money in its budget to fund the present value of the accrued but unpaid workers’ compensation claims or if it is otherwise decreasing the amount in its workers’ compensation reserve fund. (c) The governing board annually shall certify to the county superintendent of schools the amount of money, if any, that it has decided to reserve in its budget for the cost of those claims, and shall submit to the county superintendent of schools any budget revisions that may be necessary to account for that budget reserve. (d) The county board of education annually shall certify to the Superintendent of Public Instruction the amount of money, if any, that has been reserved in the budget of the county office of education for the cost of those claims. (Amended by Stats. 1996, Ch. 1158, Sec. 10. Effective September 30, 1996.)
  118. 42142.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] ( Article 4 added by Stats. 1994, Ch. 650, Sec. 7. )

    Verify source ↗

    After a collective bargaining agreement is adopted, the school district superintendent must send needed current-year budget revisions to the county superintendent within 45 days, and the district must also show any resulting additional costs in interim fiscal reports or multiyear projections.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6. Financial Statements of School Districts [42100 - 42142] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Public Disclosure of Fiscal Obligations [42140 - 42142] ( Article 4 added by Stats. 1994, Ch. 650, Sec. 7. ) ## 42142. Within 45 days of adopting a collective bargaining agreement, the superintendent of the school district shall forward to the county superintendent of schools any revisions to the school district’s current year budget that are necessary to fulfill the terms of that agreement. Any additional costs to the school district that may result from the terms of the collective bargaining agreement also shall be reflected in any interim fiscal reports or multiyear fiscal projections. (Added by Stats. 1994, Ch. 650, Sec. 7. Effective January 1, 1995.)
  119. 42160.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. )

    Verify source ↗

    This section requires Oakland Unified School District to update financial and facilities plans, and ties state funding to progress on fiscal solvency measures and certifications.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. ) ## 42160. (a) For the 2018–19 fiscal year, by March 1, 2019, the Oakland Unified School District, in collaboration with and with the concurrence of the Alameda County Superintendent of Schools and the County Office Fiscal Crisis and Management Assistance Team, shall do both of the following: (1) Update or develop short- and long-term financial plans based on reasonable and accurate assumptions and current and past year expenditure data. (2) Review and update school district facilities construction plans to ensure that costs are reasonable, accurate, and align with long-term financial plans for fiscal solvency. (b) Beginning with the 2019–20 fiscal year, the Budget Act shall include an appropriation for the Oakland Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), in the following amounts: (1) For the 2019–20 fiscal year, up to 75 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (2) For the 2020–21 fiscal year, up to 50 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (3) For the 2021–22 fiscal year, up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Oakland Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Completion of comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (2) Adoption and implementation of necessary budgetary solutions, including the consolidation of school sites. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Alameda County Superintendent of Schools. (d) Funds described in subdivision (b) shall be allocated to Oakland Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c), as specified in the prior year Budget Act, have been completed. Additionally, by March 1 of each year, through March 1, 2021, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Oakland Unified School District has made to complete the activities described in subdivision (c), as specified in the prior year Budget Act. (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Alameda County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance by March 1 of each fiscal year, through March 1, 2021, in conjunction with the certification described in subdivision (d). (Added by Stats. 2018, Ch. 426, Sec. 16. (AB 1840) Effective September 17, 2018.)
  120. 42161.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. )

    Verify source ↗

    This section requires the Inglewood Unified School District to meet certification requirements and complete operational reviews in 2018–19, and ties later Budget Act funding to completion of specified fiscal-sustainability 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. ) ## 42161. (a) For the 2018–19 fiscal year, the Inglewood Unified School District shall do both of the following: (1) Meet the requirements for qualified or positive certification for the school district’s second interim report pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (2) Complete comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (b) Beginning with the 2019–20 fiscal year, the Budget Act shall include an appropriation for the Inglewood Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), in the following amounts: (1) For the 2019–20 fiscal year, up to 75 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (2) For the 2020–21 fiscal year, up to 50 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (3) For the 2021–22 fiscal year, up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Inglewood Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Completion of comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (2) Adoption and implementation of necessary budgetary solutions, including the consolidation of school sites. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Los Angeles County Superintendent of Schools. (d) Funds described in subdivision (b) shall be allocated to Inglewood Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c), as specified in the prior year Budget Act, have been completed. Additionally, by March 1 of each year, through March 1, 2021, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Inglewood Unified School District has made to complete the activities described in subdivision (c), as specified in the prior year Budget Act. (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance by March 1 of each fiscal year, through March 1, 2021, in conjunction with the certification described in subdivision (d). (f) Until June 30, 2019, the Superintendent may waive the reimbursement determination specified in Section 18054 of Title 5 of the California Code of Regulations for Inglewood Unified School District’s 2016–17 fiscal year California state preschool program contract in order to resolve the school district’s outstanding child development reimbursement liability to the state. (Added by Stats. 2018, Ch. 426, Sec. 16. (AB 1840) Effective September 17, 2018.)
  121. 42162.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. )

    Verify source ↗

    The Oakland Unified School District must complete specified financial planning, facilities review, and audit steps by April 1, 2023, and some state funding depends on meeting those 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. ) ## 42162. (a) By April 1, 2023, the Oakland Unified School District, in collaboration with and with the concurrence of the Alameda County Superintendent of Schools and the County Office Fiscal Crisis and Management Assistance Team, shall do all of the following: (1) Update or develop short- and long-term financial plans based on reasonable and accurate assumptions and current and past year expenditure data. (2) Review and update school district facilities construction plans to ensure that costs are reasonable, accurate, and align with long-term financial plans for fiscal solvency. (3) Undergo an on-time annual independent audit pursuant to Section 41020 that is free of material weaknesses and that includes an unqualified opinion. Furthermore, the audit shall be free from any material internal control findings. (b) In the 2023–24 fiscal year, the annual Budget Act shall include an appropriation for the Oakland Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), of up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence of the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Oakland Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Updated comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability, with progress updates on each of the recommendations. (2) Adoption and implementation of necessary budgetary solutions. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Alameda County Superintendent of Schools. (8) Prompt appointment following a competitive process of a permanent, experienced, and highly qualified chief business official for any vacancy of chief business official. (d) Funds described in subdivision (b) shall be allocated to Oakland Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c) have been completed. Additionally, by October 1, 2023, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Alameda County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Oakland Unified School District has made to complete the activities described in subdivision (c). (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Alameda County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance biannually by April 1 and by November 1 of the 2023–24 and 2024–25 fiscal years, in conjunction with the certification described in subdivision (d). (f) Of the moneys apportioned to Oakland Unified School District pursuant to this section from an appropriation made for purposes of this section, the school district shall return to the state such moneys if subsequent to the annual apportionment it is determined that the school district did not meet the conditions established herein. The Director of the Department of Finance may initiate such return of prior apportionments if the conditions were not subsequently met and may rely on recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Alameda County Superintendent of Schools in making such determination. (Added by Stats. 2022, Ch. 52, Sec. 36. (AB 181) Effective June 30, 2022.)
  122. 42163.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. )

    Verify source ↗

    The Inglewood Unified School District must complete specified financial, audit, and oversight steps by April 1, 2023, and some state funding depends on those conditions being 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 6.5. School Districts in Financial Distress [42160 - 42163] ( Chapter 6.5 added by Stats. 2018, Ch. 426, Sec. 16. ) ## 42163. (a) By April 1, 2023, the Inglewood Unified School District shall do all of the following: (1) Meet the requirements for qualified or positive certification for the school district’s second interim report pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (2) Complete comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability. (3) Undergo an on-time annual independent audit pursuant to Section 41020 that is free of material weaknesses and that includes an unqualified opinion. Furthermore, the audit shall be free from any material internal control findings. (b) Beginning with the 2022–23 fiscal year, the annual Budget Act shall include an appropriation for the Inglewood Unified School District, if the school district complies with the terms specified in subdivisions (a) and (c), of up to 25 percent of the school district’s projected operating deficit, as determined by the County Office Fiscal Crisis and Management Assistance Team, with concurrence with the Department of Finance. (c) Disbursement of funds specified in subdivision (b) shall be contingent on the Inglewood Unified School District’s completion of activities specified in the prior year Budget Act to improve the school district’s fiscal solvency. These activities may include, but are not limited to, all of the following: (1) Updated comprehensive operational reviews that compare the needs of the school district with similar school districts and provide data and recommendations regarding changes the school district can make to achieve fiscal sustainability, with a progress update on each of the recommendations. (2) Adoption and implementation of necessary budgetary solutions. (3) Completion and implementation of multiyear, fiscally solvent budgets and budget plans. (4) Qualification for positive certification pursuant to Article 3 (commencing with Section 42130) of Chapter 6. (5) Sale or lease of surplus property. (6) Growth and maintenance of budgetary reserves. (7) Approval of school district budgets by the Los Angeles County Superintendent of Schools. (8) Prompt appointment following a competitive process of a permanent, experienced, and highly qualified chief business official for any vacancy of chief business official. (d) Funds described in subdivision (b) shall be allocated to Inglewood Unified School District upon the certification of the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance that the activities described in subdivision (c) have been completed. Additionally, by October 1, 2023, the County Office Fiscal Crisis and Management Assistance Team, with concurrence from the Los Angeles County Superintendent of Schools, shall report to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance the progress that Inglewood Unified School District has made to complete the activities described in subdivision (c). (e) The activities described in subdivision (c) shall be determined in the annual Budget Act based on joint recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools. These recommendations shall be submitted to the Assembly Committee on Budget, Senate Committee on Budget and Fiscal Review, and the Department of Finance by April 1, 2023, and November 1, 2023, in conjunction with the certification described in subdivision (d). (f) Of the moneys apportioned to the Inglewood Unified School District pursuant to this section from an appropriation made for purposes of this section, the school district shall return to the state such moneys if subsequent to the annual apportionment it is determined that the school district did not meet the conditions established herein. The Director of the Department of Finance may initiate such return of prior apportionments if the conditions were not subsequently met and may rely on recommendations from the County Office Fiscal Crisis and Management Assistance Team and the Los Angeles County Superintendent of Schools in making such determination. (Added by Stats. 2022, Ch. 52, Sec. 37. (AB 181) Effective June 30, 2022.)
  123. 42238.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section requires county school officials to calculate school district revenue limits and directs the Superintendent to compute and apportion district funding under specified formulas.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238. (a) For the 1984–85 fiscal year and each fiscal year thereafter, the county superintendent of schools shall determine a revenue limit for each school district in the county pursuant to this section. (b) The base revenue limit for a fiscal year shall be determined by adding to the base revenue limit for the prior fiscal year the following amounts: (1) The inflation adjustment specified in Section 42238.1. (2) For the 1995–96 fiscal year, the equalization adjustment specified in Section 42238.4. (3) For the 1996–97 fiscal year, the equalization adjustments specified in Sections 42238.41, 42238.42, and 42238.43. (4) For the 1985–86 fiscal year, the amount per unit of average daily attendance received in the 1984–85 fiscal year pursuant to Section 42238.7. (5) For the 1985–86, 1986–87, and 1987–88 fiscal years, the amount per unit of average daily attendance received in the prior fiscal year pursuant to Section 42238.8. (6) For the 2004–05 fiscal year, the equalization adjustment specified in Section 42238.44. (7) For the 2006–07 fiscal year, the equalization adjustment specified in Section 42238.48. (8) For the 2011–12 fiscal year, the equalization adjustment specified in Section 42238.49. (c) (1) (A) For the 2010–11 fiscal year, the Superintendent shall compute an add-on for each school district by adding the inflation adjustment specified in Section 42238.1 to the adjustment specified in Section 42238.485. (B) For the 2011–12 fiscal year and each fiscal year thereafter, the Superintendent shall compute an add-on for each school district by adding the inflation adjustment specified in Section 42238.1 to the amount computed pursuant to this paragraph for the prior fiscal year. (2) Commencing with the 2010–11 fiscal year, the Superintendent shall compute an add-on for each school district by dividing each school district’s fiscal year average daily attendance computed pursuant to Section 42238.5 by the total adjustments in funding for each school district made for the 2007–08 fiscal year pursuant to Section 42238.22 as it read on January 1, 2009. (d) The sum of the base revenue limit computed pursuant to subdivision (b) and the add-on computed pursuant to subdivision (c) shall be multiplied by the school district average daily attendance computed pursuant to Section 42238.5. (e) For school districts electing to compute units of average daily attendance pursuant to paragraph (2) of subdivision (a) of Section 42238.5, the amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed in subdivision (c) or (d), as appropriate. (f) For the 1984–85 fiscal year only, the county superintendent of schools shall reduce the total revenue limit computed in this section by the amount of the decreased employer contributions to the Public Employees’ Retirement System resulting from enactment of Chapter 330 of the Statutes of 1982, offset by any increase in those contributions, as of the 1983–84 fiscal year, resulting from subsequent changes in employer contribution rates. (g) The reduction required by subdivision (f) shall be calculated as follows: (1) Determine the amount of employer contributions that would have been made in the 1983–84 fiscal year if the applicable Public Employees’ Retirement System employer contribution rate in effect immediately before the enactment of Chapter 330 of the Statutes of 1982 was in effect during the 1983–84 fiscal year. (2) Subtract from the amount determined in paragraph (1) the greater of subparagraph (A) or (B): (A) The amount of employer contributions that would have been made in the 1983–84 fiscal year if the applicable Public Employees’ Retirement System employer contribution rate in effect immediately after the enactment of Chapter 330 of the Statutes of 1982 was in effect during the 1983–84 fiscal year. (B) The actual amount of employer contributions made to the Public Employees’ Retirement System in the 1983–84 fiscal year. (3) For purposes of this subdivision, employer contributions to the Public Employees’ Retirement System for either of the following shall be excluded from the calculation specified above: (A) Positions supported totally by federal funds that were subject to supplanting restrictions. (B) Positions supported, to the extent of employer contributions not exceeding twenty-five thousand dollars ($25,000) by a single educational agency, from a revenue source determined on the basis of equity to be properly excludable from the provisions of this subdivision by the Superintendent with the approval of the Director of Finance. (4) For accounting purposes, the reduction made by this subdivision may be reflected as an expenditure from appropriate sources of revenue as directed by the Superintendent. (h) The Superintendent shall apportion to each school district the amount determined in this section less the sum of: (1) The school district’s property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. (4) Prior years’ taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) (A) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), except for any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, facility reconstruction, facility remodeling, maintenance, or deferred maintenance, and except for any amount received pursuant to Section 33492.15 of, paragraph (4) of subdivision (a) of Section 33607.5 of, or Section 33607.7 of, the Health and Safety Code that is allocated exclusively for educational facilities. (B) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, and 34188 of the Health and Safety Code. (C) The amount, if any, received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (7) For a unified school district, other than a unified school district that has converted all of its schools to charter status pursuant to Section 47606, the amount of statewide average general-purpose funding per unit of average daily attendance received by school districts for each of four grade level ranges, as computed by the department pursuant to Section 47633, multiplied by the average daily attendance, in corresponding grade level ranges, of any pupils who attend charter schools funded pursuant to Chapter 6 (commencing with Section 47630) of Part 26.8 of Division 4 for which the school district is the sponsoring local educational agency, as defined in Section 47632, and who reside in and would otherwise have been eligible to attend a noncharter school of the school district. (i) A transfer of pupils of grades 7 and 8 between an elementary school district and a high school district shall not result in the receiving school district receiving a revenue limit apportionment for those pupils that exceeds 105 percent of the statewide average revenue limit for the type and size of the receiving school district. (j) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (k) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 32. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.)
  124. 42238.01.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section defines key terms for school funding and sets reporting, confidentiality, and record-transfer rules for schools using certain meal-eligibility alternatives.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.01. For purposes of Section 42238.02, the following definitions shall apply: (a) (1) “Eligible for free or reduced-price meals” means determined to meet federal income eligibility criteria, either through completing an application for the federal National School Lunch Program, through a federal Summer Electronic Benefit Transfer for Children (Summer EBT) - compliant Universal Benefit Application, or through an alternative household income data collection form, or deemed to be categorically eligible for free or reduced-price meals under the federal National School Lunch Program, as described in Part 245 of Title 7 of the Code of Federal Regulations. (2) (A) A school participating in a special assistance alternative authorized by Section 11(a)(1) of the federal Richard B. Russell National School Lunch Act (Public Law 113-79), including Provision 2, Provision 3, or the Community Eligibility Provision, may establish a base year for purposes of the local control funding formula by doing either of the following: (i) Determining the pupils at the school who are eligible for free or reduced-price meals and using each pupil’s eligibility status in that base year to report eligibility for up to each of the following three school years. (ii) Carrying forward eligibility for pupils eligible for free or reduced-price meals from the school year in which the school applied to use a federal universal school meal provision, and using each pupil’s eligibility status from the application year to report eligibility for up to each of the following three school years. (B) The school may include between base year eligibility determinations, any current or newly enrolled pupils who are determined to be eligible for free or reduced-price meals. (3) A school that uses the special assistance alternative shall maintain information on each pupil’s eligibility status and annually submit information on that status in the California Longitudinal Pupil Achievement Data System pursuant to paragraph (2) of subdivision (b) of Section 42238.02 or subparagraph (A) of paragraph (3) of subdivision (b) of Section 2574, as applicable. (4) For a pupil who transfers to a school using a special assistance alternative and who is transferring between schools within the same school district, documentation supporting eligibility for that pupil for purposes of the local control funding formula may be transferred from the pupil’s old school to the pupil’s new school, as long as the documentation supporting eligibility for that pupil is less than four years old and is updated at least once every four years. (5) To the extent permitted by federal law, a school may choose to establish a new base year for purposes of the federal National School Lunch Program at the same time the school establishes a new base year for purposes of the local control funding formula. A school may use federal National School Lunch Program application forms to collect household income data as permitted under the federal National School Lunch Program. If the use of federal National School Lunch Program application forms is not permitted, a school shall use alternative household income data collection forms. (6) An alternative household income data collection form shall be confidential and shall not be shared by the school other than as necessary for purposes of determining funding allocations under the local control funding formula and for assessing the accountability of that funding. An alternative household income data collection form shall contain, at a minimum, all of the following information: (A) Information sufficient to identify the pupil or pupils. (B) Information sufficient to determine that the pupil or household meets federal income eligibility criteria sufficient to qualify for either a free or reduced-priced meal under the federal Richard B. Russell National School Lunch Act (Public Law 113-79). (C) Certification that the information is true and correct by the pupil’s adult household member. (7) Paragraphs (2) and (4) are effective commencing with the 2014–15 fiscal year. (b) “Foster youth” means any of the following: (1) A child who is the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code, whether or not the child has been removed from the child’s home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. (2) A child who is the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code, has been removed from the child’s home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code, and is in foster care as defined by subdivision (d) of Section 727.4 of the Welfare and Institutions Code. (3) A nonminor under the transition jurisdiction of the juvenile court, as described in Section 450 of the Welfare and Institutions Code, who satisfies all of the following criteria: (A) The nonminor has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, and not more than 21 years of age, on or after January 1, 2014, and as described in Section 10103.5 of the Welfare and Institutions Code. (B) The nonminor is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code. (C) The nonminor is participating in a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403 of the Welfare and Institutions Code. (4) A dependent child of the court of an Indian tribe, consortium of tribes, or tribal organization who is the subject of a petition filed in the tribal court pursuant to the tribal court’s jurisdiction in accordance with the tribe’s law. (5) A child who is the subject of a voluntary placement agreement, as defined in subdivision (p) of Section 11400 of the Welfare and Institutions Code. (c) “Pupils of limited English proficiency” means pupils who do not have the clearly developed English language skills of comprehension, speaking, reading, and writing necessary to receive instruction only in English at a level substantially equivalent to pupils of the same age or grade whose primary language is English. “English learner” shall have the same meaning as provided for in subdivision (a) of Section 306 and as “pupils of limited English proficiency.” (Amended by Stats. 2025, Ch. 8, Sec. 27. (AB 121) Effective June 27, 2025.)
  125. 42238.015.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Legislature states an intent to create a public education transparency and accountability lens for reporting salary and benefits data for education workers.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.015. (a) The Legislature finds and declares all of the following: (1) According to 2023 findings from the Economic Policy Institute (EPI), inflation-adjusted average weekly wages of teachers have been relatively flat since 1996, finding that the average weekly wages of public school teachers (adjusted only for inflation) increased just twenty-nine dollars ($29) from 1996 to 2021, from one thousand three hundred nineteen dollars ($1,319) to one thousand three hundred forty-eight dollars ($1,348) (in 2021 dollars), where, in contrast, inflation-adjusted weekly wages of other college graduates rose from one thousand five hundred sixty-four dollars ($1,564) to two thousand nine dollars ($2,009) over the same period — a four hundred forty-five-dollar ($445) increase. (2) The EPI also found that the teacher wage penalty, when comparing wages of teachers to other professions with similar educational and certification requirements, grew to a record high in 2021 at 23.5 percent nationally and 17.6 percent in California, up from 6.1 percent in 1996. (3) Even when taking other benefits into account, the teacher total compensation penalty grew by 11.5 percentage points from 1993 to 2021. (4) When Proposition 98 was approved by voters in 1988, it set as a target for school spending per pupil to “equal or exceed the average annual expenditure per student of the 10 states with the highest annual expenditures per student for elementary and high schools.” This target is embedded in Section 8.5 of Article XVI of the California Constitution. (b) Therefore, it is the intent of the Legislature to establish a public education transparency and accountability lens to better inform the Members of the Legislature as to the impacts of the state budget on the pay and benefits of the education workforce by reporting salary and benefits data of certificated and classified employees and the impacts on the professional respect and competitiveness of pay and benefits for classified and certificated employees. (Added by Stats. 2024, Ch. 345, Sec. 1. (AB 938) Effective January 1, 2025.)
  126. 42238.016.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The department must create a salary-and-benefits data collection system by July 1, 2026, and specified school entities must report data to the department on a recurring schedule.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.016. (a) The department shall, on or before July 1, 2026, create a data collection system for salary and benefits data for represented certificated and classified nonmanagement employees. The data collected shall include salary, benefits, and full-time equivalent employee counts for certificated employees and for employees in the following classified bargaining unit classifications, which shall be collected in the same manner as for certificated employees, as determined by the department: (1) Entry level schoolsite secretary or administrative assistant. (2) Entry level central office secretary or administrative assistant. (3) Entry level custodian. (4) Entry level bus driver. (5) Entry level food service worker. (6) Entry level special education instructional aide. (7) Entry level general education instructional aide. (b) (1) On or before August 31, 2026, and on or before July 1 annually thereafter, school districts, county offices of education, and direct-funded charter schools as described in Section 47651 shall complete the data collection process created pursuant to subdivision (a) and report the data to the department. A school district or county office of education that is the chartering authority or designated oversight agency of a locally funded charter school as described in Section 47651 shall complete and report the data to the department for the locally funded charter school. (2) (A) For the 2026–27 fiscal year, the department shall make the data for the immediate prior fiscal year submitted by school districts, county offices of education, and direct-funded charter schools pursuant to this section publicly available in a downloadable open file data format by February 26, 2027. (B) Commencing with the 2027–28 fiscal year, the department shall make the data for the immediate prior fiscal year submitted by school districts, county offices of education, and direct-funded charter schools publicly available in a downloadable open file data format pursuant to this section by December 31 of each year. (c) On or before January 31, 2027, and on or before November 30 annually thereafter, the department shall report to the Legislature, in compliance with Section 9795 of the Government Code, on the progress of school districts, county offices of education, and charter schools in increasing salaries for classified employees and certificated employees. This report shall include the following: (1) The change in salary rates for certificated employees as compared to the last 10 fiscal years or, if the data has been filed for fewer than 10 fiscal years, whichever year the data was filed for first. (2) The change in salary rates for classified employees as compared to the last 10 fiscal years or, if the data has been filed for fewer than 10 fiscal years, whichever year the data was filed for first. (3) The salary rate changes year over year. (4) The rate of salary change compared to the rate of yearly inflation as measured by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. (5) The rate of total compensation changes year over year. (d) For purposes of this section, the following definitions apply: (1) “Classified bargaining unit classification” does not include, for purposes of determining employees in that classification, confidential employees as defined in Section 3540.1 of the Government Code. (2) “Full-time equivalent” means, for classified employees, the total number of full-time equivalent employees in the local educational agency, with the number of full-time equivalent employees in each classified bargaining unit classification computed as the sum of both of the following: (A) The sum of the full-time equivalent of employees who work full-time hours in each work day, as defined by the local educational agency, in that classification. Each of these employees shall count as 1.0 full-time equivalent. (B) The sum of the full-time equivalent of employees who work less than full-time hours in each work day, as defined by the local educational agency, in that classification. The full-time equivalent of these employees shall be calculated by dividing the number of hours each employee works each day in that classification by the number of full-time hours. (3) “Salary” means the hourly wage paid for work by classified employees or the annual wage paid for work by certificated employees. (Amended by Stats. 2025, Ch. 744, Sec. 3. (SB 147) Effective October 13, 2025.)
  127. 42238.017.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    If a revenue decline causes no transfer into the Education Protection Account’s fourth-quarter payment, the Superintendent must recover the local educational agency overpayment from the current year’s second principal apportionment payment, and the Controller must make the fourth-quarter payment by August 15 of the next fiscal year at the latest.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.017. In any fiscal year, if a decline in Education Protection Account revenue results in a nontransfer of funds into the Education Protection Account fourth-quarter payment, the Superintendent shall recover a local educational agency’s overpayment of Education Protection Account funds from the current year’s second principal apportionment payment made pursuant to Section 14041 for deposit into the Education Protection Account. The fourth-quarter Education Protection Account payment for the current fiscal year shall be made by the Controller as soon as practical, but no later than August 15 of the subsequent fiscal year. (Added by Stats. 2025, Ch. 8, Sec. 29. (AB 121) Effective June 27, 2025.)
  128. 42238.02.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section sets rules for how school districts, charter schools, and state education officials report pupil data and calculate local control funding.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.02. (a) The amount computed pursuant to this section shall be known as the school district and charter school local control funding formula. (b) (1) For purposes of this section “unduplicated pupil” means a pupil enrolled in a school district or a charter school who is either classified as an English learner, eligible for a free or reduced-price meal, or is a foster youth. A pupil shall be counted only once for purposes of this section if any of the following apply: (A) The pupil is classified as an English learner and is eligible for a free or reduced-price meal. (B) The pupil is classified as an English learner and is a foster youth. (C) The pupil is eligible for a free or reduced-price meal and is classified as a foster youth. (D) The pupil is classified as an English learner, is eligible for a free or reduced-price meal, and is a foster youth. (2) Under procedures and timeframes established by the Superintendent, commencing with the 2013–14 fiscal year, a school district or charter school shall annually submit its enrolled free and reduced-price meal eligibility, foster youth, and English learner pupil-level records for enrolled pupils to the Superintendent using the California Longitudinal Pupil Achievement Data System. (3) (A) Commencing with the 2013–14 fiscal year, a county office of education shall review and validate certified aggregate English learner, foster youth, and free or reduced-price meal eligible pupil data for school districts and charter schools under its jurisdiction to ensure the data is reported accurately. The Superintendent shall provide each county office of education with appropriate access to school district and charter school data reports in the California Longitudinal Pupil Achievement Data System for purposes of ensuring data reporting accuracy. (B) The Controller shall include the instructions necessary to enforce paragraph (2) in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the English learner, foster youth, and free or reduced-price meal eligible pupil counts are consistent with the school district’s or charter school’s English learner, foster youth, and free or reduced-price meal eligible pupil records. (4) The Superintendent shall make the calculations pursuant to this section using the data submitted by local educational agencies, including charter schools, through the California Longitudinal Pupil Achievement Data System. Under timeframes and procedures established by the Superintendent, school districts and charter schools may review and revise their submitted data on English learner, foster youth, and free or reduced-price meal eligible pupil counts to ensure the accuracy of data reflected in the California Longitudinal Pupil Achievement Data System. (5) The Superintendent shall annually compute the percentage of unduplicated pupils for each school district and charter school by dividing the enrollment of unduplicated pupils in a school district or charter school by the total enrollment in that school district or charter school pursuant to all of the following: (A) For the 2013–14 fiscal year, divide the sum of unduplicated pupils for the 2013–14 fiscal year by the sum of the total pupil enrollment for the 2013–14 fiscal year. (B) For the 2014–15 fiscal year, divide the sum of unduplicated pupils for the 2013–14 and 2014–15 fiscal years by the sum of the total pupil enrollment for the 2013–14 and 2014–15 fiscal years. (C) For the 2015–16 fiscal year and each fiscal year thereafter, divide the sum of unduplicated pupils for the current fiscal year and the two prior fiscal years by the sum of the total pupil enrollment for the current fiscal year and the two prior fiscal years. (D) (i) For purposes of the quotients determined pursuant to subparagraphs (B) and (C), the Superintendent shall use a school district’s or charter school’s enrollment of unduplicated pupils and total pupil enrollment in the 2014–15 fiscal year instead of the enrollment of unduplicated pupils and total pupil enrollment in the 2013–14 fiscal year if doing so would yield an overall greater percentage of unduplicated pupils. (ii) It is the intent of the Legislature to review each school district and charter school’s enrollment of unduplicated pupils for the 2013–14 and 2014–15 fiscal years and provide one-time funding, if necessary, for a school district or charter school with higher enrollment of unduplicated pupils in the 2014–15 fiscal year as compared to the 2013–14 fiscal year. (E) (i) Notwithstanding any other law, for purposes of subparagraph (C), the unduplicated pupils and total pupil enrollment in prior fiscal years shall be the following: (I) For a transferred charter school, the counts shall be equal to the counts reported for the original charter school. (II) For an acquiring charter school, the counts shall be equal to the counts reported for the original charter school. This subclause shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (III) For the restructured portions of a divided charter school, the counts shall be zero. (IV) For the remaining portion of a divided charter school, the counts shall be equal to the counts reported for the original charter school. (ii) The definitions in Section 47654 apply for purposes of this subparagraph. (6) Notwithstanding subdivision (a) of Section 14002, the data used to determine the percentage of unduplicated pupils shall be final once that data is no longer used in the current fiscal year calculation of the percentage of unduplicated pupils. This paragraph does not apply to a change that is the result of an audit exception, as described in paragraph (2) of subdivision (a) of Section 41341. (c) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall annually calculate a local control funding formula grant for each school district and charter school in the state pursuant to this section. (d) The Superintendent shall compute a grade span adjusted base grant equal to the total of the following amounts: (1) For the 2013–14 fiscal year, a base grant of: (A) Six thousand eight hundred forty-five dollars ($6,845) for average daily attendance in kindergarten and grades 1 to 3, inclusive. (B) Six thousand nine hundred forty-seven dollars ($6,947) for average daily attendance in grades 4 to 6, inclusive. (C) Seven thousand one hundred fifty-four dollars ($7,154) for average daily attendance in grades 7 and 8. (D) Eight thousand two hundred eighty-nine dollars ($8,289) for average daily attendance in grades 9 to 12, inclusive. (2) In each year the grade span adjusted base grants in paragraph (1) shall be adjusted by the percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as reported by the Department of Finance. (3) (A) The Superintendent shall compute an additional adjustment to the kindergarten and grades 1 to 3, inclusive, base grant as adjusted pursuant to paragraphs (2) and (5) equal to 10.4 percent. The additional grant shall be calculated by multiplying the kindergarten and grades 1 to 3, inclusive, base grant, as adjusted by paragraphs (2) and (5), by 10.4 percent. (B) Until paragraph (4) of subdivision (b) of Section 42238.03 is effective, as a condition of the receipt of funds in this paragraph, a school district shall make progress toward maintaining an average class enrollment of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative annual average class enrollment for each schoolsite in those grades is agreed to by the school district, pursuant to the following calculation: (i) Determine a school district’s average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the prior year. For the 2013–14 fiscal year, this amount shall be the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, in the 2012–13 fiscal year. (ii) Determine a school district’s proportion of total need pursuant to paragraph (2) of subdivision (b) of Section 42238.03. (iii) Determine the percentage of the need calculated in clause (ii) that is met by funding provided to the school district pursuant to paragraph (3) of subdivision (b) of Section 42238.03. (iv) Determine the difference between the amount computed pursuant to clause (i) and an average class enrollment of not more than 24 pupils. (v) Calculate a current year average class enrollment adjustment for each schoolsite for kindergarten and grades 1 to 3, inclusive, equal to the adjustment calculated in clause (iv) multiplied by the percentage determined pursuant to clause (iii). (C) School districts that have an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of 24 pupils or less for each schoolsite in the 2012–13 fiscal year, shall be exempt from the requirements of subparagraph (B) so long as the school district continues to maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils, unless a collectively bargained alternative ratio is agreed to by the school district. (D) (i) Upon full implementation of the local control funding formula, as a condition of the receipt of funds in this paragraph, all school districts shall maintain an average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, of not more than 24 pupils for each schoolsite in kindergarten and grades 1 to 3, inclusive, unless a collectively bargained alternative ratio is agreed to by the school district. (ii) Notwithstanding clause (i), for purposes of meeting the requirements of paragraph (1) of subdivision (g) of Section 48000, a school district shall maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite. (E) The average class enrollment requirement for each schoolsite for kindergarten and grades 1 to 3, inclusive, established pursuant to this paragraph shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent. (F) The Controller shall include the instructions necessary to enforce this paragraph in the audit guide required by Section 14502.1. The instructions shall include, but are not necessarily limited to, procedures for determining if the average class enrollment for each schoolsite for kindergarten and grades 1 to 3, inclusive, exceeds 24 pupils, or an alternative average class enrollment for each schoolsite pursuant to a collectively bargained alternative ratio. The procedures for determining average class enrollment for each schoolsite shall include criteria for employing sampling. (4) The Superintendent shall compute an additional adjustment to the base grant for grades 9 to 12, inclusive, as adjusted pursuant to paragraphs (2) and (5), equal to 2.6 percent. The additional grant shall be calculated by multiplying the base grant for grades 9 to 12, inclusive, as adjusted by paragraphs (2) and (5) by 2.6 percent. (5) For the 2022–23 fiscal year, the Superintendent shall increase the base grants for kindergarten and grades 1 to 12, inclusive, by 6.7 percent. This adjustment shall be calculated by multiplying the grade span-adjusted base grants calculated pursuant to paragraph (2) for the 2021–22 fiscal year by 6.7 percent. The adjustment shall be included in grade span-adjusted base grants amounts for purposes of the adjustment pursuant to paragraph (2) commencing with the 2023–24 fiscal year. (e) The Superintendent shall compute a supplemental grant add-on equal to 20 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b). The supplemental grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 20 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in that school district or charter school. The supplemental grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (f) (1) (A) The Superintendent shall compute a concentration grant add-on equal to 50 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 50 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school. (B) Commencing with the 2021–22 fiscal year, the concentration grant add-on referenced in subparagraph (A) shall instead be equal to 65 percent of the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), for each school district’s or charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district’s or charter school’s total enrollment. The concentration grant shall be calculated by multiplying the base grants as specified in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (d), as adjusted by paragraphs (2) to (5), inclusive, of subdivision (d), by 65 percent and by the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the total enrollment in that school district or charter school. (2) (A) For a charter school physically located in only one school district, the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed the percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school district in which the charter school is physically located. For a charter school physically located in more than one school district, the charter school’s percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent used to calculate concentration grants shall not exceed that of the school district with the highest percentage of unduplicated pupils calculated pursuant to paragraph (5) of subdivision (b) in excess of 55 percent of the school districts in which the charter school has a school facility. The concentration grant shall be expended in accordance with the regulations adopted pursuant to Section 42238.07. (B) For purposes of this paragraph and subparagraph (A) of paragraph (1) of subdivision (f) of Section 42238.03, a charter school shall report its physical location to the department under timeframes established by the department. For a charter school authorized by a school district, the department shall include the authorizing school district in the department’s determination of physical location. For a charter school authorized on appeal pursuant to subdivision (k) of Section 47605, the department shall include the school district that initially denied the petition in the department’s determination of physical location. Notwithstanding subdivision (a) of Section 14002, the reported physical location of the charter school shall be considered final as of the second principal apportionment for that fiscal year, and, for purposes of this paragraph, the percentage of unduplicated pupils of the school district associated with the charter school pursuant to subparagraph (A) shall be considered final as of the second principal apportionment for that fiscal year. (g) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Targeted Instructional Improvement Block Grant program, as set forth in Article 6 (commencing with Section 41540) of Chapter 3.2, for the 2012–13 fiscal year, as that article read on January 1, 2013. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount of funding received by the school district or charter school from that program in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03. (2) Notwithstanding Section 42238.05, for the 2022–23 fiscal year to the 2024–25 fiscal year, inclusive, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to two thousand eight hundred thirteen dollars ($2,813) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2023–24 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (2) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph. (3) Commencing with the 2025–26 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to five thousand five hundred forty-five dollars ($5,545) multiplied by the then current fiscal year’s second principal apportionment period average daily attendance in transitional kindergarten. Commencing with the 2026–27 fiscal year, the add-on computed pursuant to this paragraph shall be adjusted by the percentage change applied pursuant to paragraph (2) of subdivision (d). It is the intent of the Legislature that the costs to meet the requirements of paragraph (3) of subdivision (g) of Section 48000 be supported by the add-on computed pursuant to this paragraph. (h) (1) The Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of funding a school district or charter school received from funds allocated pursuant to the Home-to-School Transportation program, as set forth in former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290), as those articles read on January 1, 2013, for the 2012–13 fiscal year. A school district or charter school shall not receive a total funding amount from this add-on greater than the total amount received by the school district or charter school for those programs in the 2012–13 fiscal year. The amount computed pursuant to this subdivision shall reflect the reduction specified in paragraph (2) of subdivision (a) of Section 42238.03. (2) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent from any of the funding sources specified in paragraph (1) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall compute an add-on to the total sum of a school district’s or charter school’s base, supplemental, and concentration grants equal to the amount of the entitlement to funding transferred by the joint powers agency to the member school district or charter school. (3) Commencing in the 2023–24 fiscal year, the add-on amounts referenced in paragraphs (1) and (2) shall receive the annual cost-of-living adjustment specified in paragraph (2) of subdivision (d). (i) (1) The sum of the local control funding formula rates computed pursuant to subdivisions (c) to (f), inclusive, shall be multiplied by: (A) For school districts, the average daily attendance of the school district in the corresponding grade level ranges computed pursuant to Section 42238.05, excluding the average daily attendance computed pursuant to paragraph (2) of subdivision (a) of Section 42238.05 for purposes of the computation specified in subdivision (d). (B) For charter schools, the total current year average daily attendance in the corresponding grade level ranges. (2) The amount computed pursuant to Article 4 (commencing with Section 42280) shall be added to the amount computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (d), as multiplied by subparagraph (A) or (B) of paragraph (1), as appropriate. (j) The Superintendent shall adjust the sum of each school district’s or charter school’s amount determined in subdivisions (g) to (i), inclusive, pursuant to the calculation specified in Section 42238.03, less the sum of the following: (1) (A) For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (B) For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. (4) Prior years’ taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or deferred maintenance and that is not an amount received pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities. (7) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code. (8) Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (k) A school district shall annually transfer to each of its charter schools funding in lieu of property taxes pursuant to Section 47635. (l) (1) This section does not authorize a school district that receives funding on behalf of a charter school pursuant to Section 47651 to redirect this funding for another purpose unless otherwise authorized in law pursuant to paragraph (2) or pursuant to an agreement between the charter school and its chartering authority. (2) A school district that received funding on behalf of a locally funded charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or a school district that was required to pass through funding to a conversion charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42606, as that section read on January 1, 2013, may annually redirect for another purpose a percentage of the amount of the funding received on behalf of that charter school. The percentage of funding that may be redirected shall be determined pursuant to the following computation: (A) (i) Determine the sum of the need fulfilled for that charter school pursuant to paragraph (3) of subdivision (b) of Section 42238.03 in the then current fiscal year for the charter school. (ii) Determine the sum of the need fulfilled in every fiscal year before the then current fiscal year pursuant to paragraph (3) of subdivision (b) of Section 42238.03 adjusted for changes in average daily attendance pursuant to paragraph (3) of subdivision (a) of Section 42238.03 for the charter school. (iii) Subtract the amount computed pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) of Section 42238.03 from the amount computed for that charter school under the local control funding formula entitlement computed pursuant to subdivision (i) of this section. (iv) Compute a percentage by dividing the sum of the amounts computed pursuant to clauses (i) and (ii) by the amount computed pursuant to clause (iii). (B) Multiply the percentage computed pursuant to subparagraph (A) by the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013. (C) The maximum amount that may be redirected shall be the lesser of the amount of funding the school district received on behalf of the charter school in the 2012–13 fiscal year pursuant to paragraph (2) of subdivision (b) of Section 42605, Section 42606, and subdivision (b) of Section 47634.1, as those sections read on January 1, 2013, or the amount computed pursuant to subparagraph (B). (3) Commencing with the 2013–14 fiscal year, a school district operating one or more affiliated charter schools shall provide each affiliated charter school schoolsite with no less than the amount of funding the schoolsite received pursuant to the charter school block grant in the 2012–13 fiscal year. (m) Any calculations in law that are used for purposes of determining if a local educational agency is an excess tax school entity or basic aid school district, including, but not limited to, this section and Sections 41544, 42238.03, 47632, 47660, 47663, 48310, and 48359.5, and Section 95 of the Revenue and Taxation Code, shall exclude the revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (n) The funds apportioned pursuant to this section and Section 42238.03 shall be available to implement the activities required pursuant to Article 4.5 (commencing with Section 52059.5) of Chapter 6.1 of Part 28 of Division 4. (o) A school district that does not receive an apportionment of state funds pursuant to this section, as implemented pursuant to Section 42238.03, excluding funds apportioned pursuant to the requirements of subparagraph (A) of paragraph (2) of subdivision (e) of Section 42238.03, shall be considered a “basic aid school district” or an “excess tax entity.” (Amended by Stats. 2025, Ch. 8, Sec. 30. (AB 121) Effective June 27, 2025.)
  129. 42238.021.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    For the 2020–21 fiscal year, certain specified adjustments are set at zero.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.021. Notwithstanding any other law, for the 2020–21 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and subdivision (b) of Section 42287 shall instead be zero. (Added by Stats. 2020, Ch. 24, Sec. 29. (SB 98) Effective June 29, 2020.)
  130. 42238.022.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    For fiscal year 2021–22, several listed education funding adjustments must be set at 2.7%, using 2.31% as the assumed adjustment for Section 42238.021.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.022. Notwithstanding any other law, for the 2021–22 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574, subparagraph (B) of paragraph (1) of subdivision (c) of Section 2574, subdivision (b) of Section 2575.1, paragraph (2) of subdivision (d) of Section 42238.02, and subdivision (b) of Section 42287 shall be 2.7 percent and shall be calculated by first assuming the adjustment referenced in Section 42238.021 is 2.31 percent instead of zero. (Added by Stats. 2021, Ch. 44, Sec. 27. (AB 130) Effective July 9, 2021.)
  131. 42238.023.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent must adjust certain 2021–22 attendance figures for eligible local education agencies, school districts, county offices of education, and some charter schools, based on a specified attendance-yield calculation. Eligible districts and county offices must also meet independent study conditions and certify compliance by November 1, 2022, or they do not receive the calculation.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.023. (a) Notwithstanding any other law, for purposes of calculating local control funding formula entitlements pursuant to Sections 42238.02, 42238.03, 2574, and 2576, as applicable, if the Superintendent determines that a local educational agency’s attendance yield in the 2019–20 fiscal year is greater than the attendance yield in the 2021–22 school year, the Superintendent shall adjust the local educational agency’s 2021–22 fiscal year average daily attendance in the manner described in subdivision (b). This determination shall be made by the following calculation for each local educational agency: (1) Divide the total average daily attendance in the 2019–20 fiscal year reported for both the second period and the annual period apportionment, as applicable, by total enrollment from the California Longitudinal Pupil Achievement Data System Fall 1 Certification for the 2019–20 fiscal year. This amount shall not exceed a value of one. (2) Divide the total average daily attendance in the 2021–22 fiscal year reported for both the second period and annual period apportionment, as applicable, by total enrollment from the California Longitudinal Pupil Achievement Data System Fall 1 Certification for the 2021–22 fiscal year. This amount shall not exceed a value of one. (3) Divide the amount determined in paragraph (1) by the amount determined in paragraph (2). If the resulting quotient is greater than one, the local educational agency’s 2021–22 fiscal year average daily attendance shall be adjusted pursuant to subdivision (b). (b) (1) For county offices of education, the Superintendent shall multiply the county office of education’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for the purpose of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 2574 and 2576. (2) For school districts, the Superintendent shall make the following adjustments: (A) Multiply the school district’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for purposes of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 42238.02 and 42238.03. (B) Multiply the school district’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for purposes of calculating prior year average daily attendance or the average attendance of the three most recent prior fiscal years pursuant to Sections 42238.05 and 42280 in the 2022–23 to 2024–25 fiscal years, inclusive. (3) For charter schools, excluding a charter school classified as a nonclassroom-based charter school as of the 2021–22 fiscal year second principal apportionment certification pursuant to Section 47612.5, the Superintendent shall multiply the charter school’s 2021–22 fiscal year reported average daily attendance by the amount determined in paragraph (3) of subdivision (a) for the purpose of calculating the 2021–22 fiscal year annual apportionment pursuant to Sections 42238.02 and 42238.03. (c) (1) The calculations pursuant to subdivisions (a) and (b) shall only be applied to school districts and county offices of education that meet the following requirements: (A) By no later than November 1, 2021, offered an independent study program to all pupils, for the 2021–22 school year, consistent with the requirements of Section 51745, and provided the notification to parents and guardians of all enrolled pupils pursuant to paragraph (1) of subdivision (h) of Section 51747 and subparagraph (A) of paragraph (8) of subdivision (b) of Section 51749.6. (B) By no later than November 1, 2021, adopted written policies for providing instruction to pupils through independent study, and have verifiable documentation substantiating the provision of opportunities for live interaction and synchronous instruction pursuant to Section 51745.5, if applicable, or the provision of activities or pupil work product of a pupil while out on independent study that is equivalent to in-person instruction pursuant to Sections 51747 and 51749.5. (2) In the 2021–22 school year, a school district or county office of education that received a waiver by June 15, 2022, pursuant to subdivision (g) of Section 51745, from independent study requirements, or a school district or county office of education that entered into a contract with a county office of education or an interdistrict transfer agreement with another school district pursuant to subdivision (f) of Section 51745 for the offering of independent study, shall be deemed to have met the requirements specified in paragraph (1). (3) (A) On or before November 1, 2022, a school district or county office of education shall certify its compliance with paragraph (1) or (2) using a form the department shall provide for this purpose. A school district or county office of education that does not certify compliance shall not receive the 2021–22 average daily attendance calculation pursuant to this Section. (B) The department shall make this form available to school districts and county offices of education on or before October 11, 2022. (4) The 2022–23 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall incorporate verification of compliance with the requirements specified in subparagraphs (A) and (B) of paragraph (1), which may include reviewing the local educational agency’s annual audit for the 2021–22 fiscal year to determine compliance with those requirements. (Amended by Stats. 2022, Ch. 571, Sec. 19. (AB 185) Effective September 27, 2022.)
  132. 42238.024.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section appropriates money for the Local Control Funding Formula Equity Multiplier and sets how eligible schoolsites may receive 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.024. (a) Commencing with the 2023–24 fiscal year, the sum of three hundred million dollars ($300,000,000) is hereby appropriated each fiscal year from the General Fund to the Superintendent for allocation for the Local Control Funding Formula Equity Multiplier apportionment in the manner and for the purposes set forth in this section. Commencing with the 2024–25 fiscal year, the amount appropriated pursuant to this subdivision shall be adjusted each fiscal year by the percentage change applied pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year. (b) (1) Funds appropriated pursuant to subdivision (a) shall be made available by the Superintendent to eligible local educational agencies for allocation to schoolsites eligible pursuant to paragraph (2) for evidence-based services and supports for pupils, with a demonstration of how the resulting services and supports are increased or improved in comparison to services and supports that would have been provided at the schoolsites if the funding were not provided. Funds appropriated pursuant to subdivision (a) shall supplement, not supplant, funding provided for these schoolsites for purposes of the local control funding formula pursuant to Section 2574, 2575, or 42238.02, the Expanded Learning Opportunities Program pursuant to Section 46120, the Literacy Coaches and Reading Specialists Grant Program established pursuant to Section 137 of Chapter 52 of the Statutes of 2022, and the California Community Schools Partnership Act (Chapter 6 (commencing with Section 8900) of Part 6 of Division 1 of Title 1). (2) For schoolsites with prior year nonstability rates greater than 25 percent and prior year socioeconomically disadvantaged pupil rates of greater than 70 percent, funding shall be allocated on a per-unit basis of the schoolsite’s total prior year adjusted cumulative enrollment. The per-unit funding amount is based on total statewide eligible enrollment and the amount of funds available, as reported in the stability rate data file. (3) An eligible schoolsite shall not receive funding pursuant to paragraph (2) of less than fifty thousand dollars ($50,000), adjusted each fiscal year by percentage change applied pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for that fiscal year. (4) A schoolsite deemed eligible pursuant to paragraph (2) shall instead be deemed ineligible if it meets either of the following criteria: (A) The schoolsite has closed in the year in which the funds are to be allocated, as reported pursuant to paragraph (2) of subdivision (f) of Section 60900. (B) Commencing with the 2024–25 fiscal year, the local educational agency generated funding for a schoolsite pursuant to paragraph (2) due to a pupil being enrolled in the school district office. (5) Unspent funds from any fiscal year provided to a local educational agency with a schoolsite that has closed, as reported pursuant to paragraph (2) of subdivision (f) of Section 60900, shall be returned to the department. Local educational agencies shall report the total amount of unspent funds in accordance with instructions and forms prescribed and furnished by the Superintendent. (c) For purposes of this section, the following definitions apply: (1) “Eligible local educational agency” means a school district, county office of education, or charter school that generates a local control funding formula entitlement pursuant to Sections 2574, 2575, or 42238.02, excluding a charter school classified as a nonclassroom-based charter school as of the prior fiscal year’s second principal apportionment certification pursuant to Section 47612.5. (2) “Nonstability rate” means the percentage of pupils who are either enrolled for less than 245 continuous days between July 1 and June 30 of the prior school year, or exited from a school between July 1 and June 30 of the prior school year due to either truancy, expulsion, or for unknown reasons and without stable subsequent enrollment at another school as identified in the stability rate data file. (3) “Prior year adjusted cumulative enrollment” means any enrollment with a start date in the school year in transitional kindergarten, kindergarten, and grades 1 to 12, inclusive, as identified in the stability rate data file. (4) “Schoolsite” means an individual school in an eligible local educational agency, excluding the school district office. (5) “Socioeconomically disadvantaged pupil rate” means the percentage of pupils that meet any of the following criteria for the prior school year: (A) Neither of the pupil’s parents has a high school diploma. (B) The pupil is eligible for free or reduced-price meals under the federal National School Lunch Program, including by direct certification. (C) The pupil is a migratory child for purposes of Part C (commencing with Section 6391) of Subchapter I of Chapter 70 of Title 20 of the United States Code. (D) The pupil is a homeless child or youth. (E) The pupil is a foster youth. (F) The pupil is enrolled in a county juvenile court school. (6) “Stability rate data file” means the initial publication of the annual file published by the department for the prior school year that will be used to determine a schoolsite’s prior year adjusted cumulative enrollment, nonstability rate, and socioeconomically disadvantaged rate for the purposes of calculating funding pursuant to this section for an eligible local educational agency. (d) Notwithstanding Section 10231.5 of the Government Code, by February 1, 2025, and each February 1 thereafter, the department, using existing resources, shall submit an annual report to the relevant policy and fiscal committees of the Legislature, the state board, and the Department of Finance that includes the following information on pupil outcomes at schoolsites that receive funding pursuant to this section and statewide pupil outcomes: (1) Pupil subgroup data captured in the stability rate data file, based on enrollment at the eligible schoolsite. (2) Number of truant pupils captured in the stability rate data file and enrolled at the eligible schoolsite. (3) Number of expelled pupils captured in the stability rate data file and enrolled at the eligible schoolsite. (4) Number of pupils whose reasons for exit from the schoolsite are unknown, as captured in the stability rate data file, and enrolled at the eligible schoolsite. (5) Performance of the eligible schoolsites on California School Dashboard state indicators, disaggregated by pupil subgroup. (e) For purposes of making the computations required by Section 8 of Article XVI of the California Constitution, the appropriations made by subdivision (a) shall be deemed to be “General Fund revenues appropriated for school districts,” as defined in subdivision (c) of Section 41202, for the fiscal year for which the appropriation is made, 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 year for which the appropriation is made. (Amended by Stats. 2024, Ch. 38, Sec. 20. (SB 153) Effective June 29, 2024.)
  133. 42238.025.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent must calculate school funding rates and payments for school districts and charter schools under 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.025. (a) In the 2013–14 fiscal year, the Superintendent shall compute an economic recovery target rate for each school district and charter school equal to the sum of the following: (1) (A) For each school district, the school district’s revenue limit in the 2012–13 fiscal year as computed pursuant to this article, as this article read on January 1, 2013, divided by the 2012–13 fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. For purposes of this section, average daily attendance shall include any applicable revenue limit average daily attendance and shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) For each charter school, the charter school’s general purpose funding as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, and the in-lieu property tax amount provided to the charter school pursuant to Section 47635, as that section read on January 1, 2013, divided by the 2012–13 fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. For purposes of this section, average daily attendance shall include any applicable charter school general purpose funding average daily attendance and shall be considered final for purposes of this section as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (C) The amounts determined pursuant to subparagraphs (A) and (B) shall not reflect the deficit factor adjustments set forth in Section 42238.146, as that section read on January 1, 2013. (D) The amounts determined pursuant to subparagraphs (A) and (B) shall be adjusted for the cost-of-living adjustment for the 2013–14 fiscal year pursuant to paragraph (2) of subdivision (d) of Section 42238.02 and an annual average cost-of-living adjustment of 1.94 percent for the 2014–15 fiscal year to the 2020–21 fiscal year, inclusive. (2) (A) For each school district and charter school, the sum of the entitlements from items contained in Section 2.00 of the Budget Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4, as it read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915, divided by the 2012–13 fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. For purposes of this subparagraph, 2012–13 fiscal year entitlements shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) The amounts determined pursuant to this subdivision shall not be adjusted for the reduction set forth in Section 12.42 of the Budget Act of 2012. (b) Of the amounts computed for school districts pursuant to subdivision (a), the Superintendent shall determine the funding rate per unit of average daily attendance above which fall not more than 10 percent of the total number of school districts statewide. (c) The Superintendent shall compute a 2020–21 fiscal year local control funding formula rate for each school district and charter school equal to the amount computed pursuant to Section 42238.02 for the 2013–14 fiscal year, adjusted for an annual average cost-of-living adjustment of 1.94 percent for the 2014–15 fiscal year to the 2020–21 fiscal year, inclusive, divided by the 2013–14 fiscal year average daily attendance of the school district or charter school computed pursuant to Section 42238.05. For purposes of this subdivision, the amount computed pursuant to Section 42238.02 for the 2013–14 fiscal year shall be considered final as of the second principal apportionment for the 2013–14 fiscal year, as calculated for purposes of the certification required on or before July 2, 2014, pursuant to Sections 41335 and 41339. (d) (1) For each school district and charter school that has a funding rate per unit of average daily attendance computed pursuant to subdivision (a) that is equal to, or below, the funding rate per unit of average daily attendance determined pursuant to subdivision (b), the Superintendent shall subtract the amount computed pursuant to subdivision (c) from the amount computed pursuant to subdivision (a). Each school district or charter school for which this calculation yields an amount greater than zero shall be eligible for an economic recovery target payment equal to the amount of the difference. A school district or charter school that has a funding rate per unit of average daily attendance calculated pursuant to subdivision (a) that exceeds the rate calculated pursuant to subdivision (b) shall not be eligible for an economic recovery target payment. (2) Each school district or charter school eligible for an economic recovery target payment pursuant to paragraph (1) shall receive the following apportionments: (A) For the 2013–14 fiscal year, one-eighth of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (B) For the 2014–15 fiscal year, one-quarter of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (C) For the 2015–16 fiscal year, three-eighths of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (D) For the 2016–17 fiscal year, one-half of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (E) For the 2017–18 fiscal year, five-eighths of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (F) For the 2018–19 fiscal year, three-quarters of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (G) For the 2019–20 fiscal year, seven-eighths of the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (H) For the 2020–21 fiscal year and each fiscal year thereafter, the amount calculated pursuant to paragraph (1) multiplied by the 2012–13 fiscal year average daily attendance computed pursuant to Section 42238.05. (3) In each fiscal year until a determination has been made that all school districts and charter schools equal or exceed the local control funding formula target computed pursuant to Section 42238.02, as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) of Section 42238.03, the economic recovery target payment apportioned to each eligible school district or charter school pursuant to paragraph (2) shall be added to the school district’s or charter school’s funding amounts that are continuously appropriated pursuant to subdivision (a) of Section 42238.03 and included in the amount of funding that is subject to offset pursuant to subdivision (c) of Section 42238.03. The amount apportioned pursuant to paragraph (2) shall not receive a cost-of-living adjustment. (4) Commencing with the first fiscal year in which all school districts and charter schools are apportioned funding pursuant to Section 42238.02, the economic recovery target calculated pursuant to subparagraph (H) of paragraph (2) shall be included as an add-on to the amounts computed pursuant to subdivisions (c) to (i), inclusive, of Section 42238.02 and included in the amount of funding that is subject to offset pursuant to subdivision (j) of Section 42238.02. The amount included as an add-on pursuant to this paragraph shall not receive a cost-of-living adjustment. (e) (1) The economic recovery target payment calculated pursuant to subparagraph (H) of paragraph (2) of subdivision (d) for a restructured charter school shall be the following: (A) For a transferred charter school, the economic recovery target payment shall be equal to the amount calculated for the original charter school. (B) For an acquiring charter school, the economic recovery target payment shall be equal to the sum of the amounts calculated for the original charter schools. This subparagraph shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (C) For a divided charter school, the economic recovery target payment shall be divided between the restructured portions of a divided charter school and the remaining portion of a divided charter school based on each charter school’s share of the combined average daily attendance of the charter schools computed pursuant to Section 42238.05 as of the second principal apportionment in the fiscal year immediately before the first fiscal year of instruction as a restructured charter school. Data regarding average daily attendance shall be provided by the charter school in a format prescribed by the Superintendent. The total average daily attendance attributable to the restructured and remaining portions of a divided charter school shall not exceed the total average daily attendance of the original charter school for the applicable fiscal year. The amounts shall be final as of the second principal apportionment for the first fiscal year of instruction as a restructured charter school and each fiscal year thereafter. (2) The definitions in Section 47654 apply for purposes of this subdivision. (Amended by Stats. 2023, Ch. 48, Sec. 26. (SB 114) Effective July 10, 2023.)
  134. 42238.026.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Legislative Analyst’s Office must submit a report to the Legislature by January 1, 2026 about changing school funding from average daily attendance to pupil enrollment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.026. (a) On or before January 1, 2026, the Legislative Analyst’s Office shall submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on the effects of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment. The report, at a minimum, shall analyze all of the following, to the extent data is available: (1) The legislative history of the change from funding excused absences to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997), including legislative intent and any indications of inaccurate or inappropriate attendance reporting of excused absences. (2) The impact on attendance of the change from funding excused absences to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997), including statewide attendance, and the equity impact of this change, including attendance by pupil subgroup, and attendance at local educational agencies with high percentages of pupils who are English learners, low-income pupils, and foster youth. (3) The programmatic changes made by local educational agencies to increase attendance after the switch to funding based on average daily attendance pursuant to Senate Bill 727 (Chapter 855 of the Statutes of 1997). (4) The methods used by other states to count pupils for education funding purposes and the ways in which other states create incentives for local educational agencies to encourage pupil attendance. (5) A review of research regarding both of the following: (A) Evidence-based approaches to improving pupil attendance. (B) The extent to which a state’s method of funding affects pupil attendance rates. (6) The fiscal, programmatic, and administrative impacts of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment, including the effects on the state and local educational agencies. (7) The potential impacts on pupil attendance of changing the pupil count methodology of the local control funding formula from average daily attendance to pupil enrollment, including the effects on the state and local educational agencies, including by pupil grade and pupil subgroups as described in Section 52052. (8) How a change to enrollment-based funding would affect local educational agencies of varying sizes, locations, and pupil demographics. (9) Alternative methods of changing the local control funding formula that would have a similar effect on local educational agencies serving a higher percentage of English learners, low-income pupils, and foster youth. (10) Phase-in approaches to implement the cost of an enrollment-based funding model over several years that do not reduce the funding received by any local educational agency. (11) If the pupil count methodology for the local control funding formula is changed, whether the state should continue using average daily attendance for the Proposition 98 funding calculation and other education programs, such as lottery funding. (12) The impacts on Proposition 98 and the minimum funding guarantee set forth in Sections 8 and 8.5 of Article XVI of the California Constitution and its implementing statutes, and the ability of the local control funding formula with a pupil count methodology based on pupil enrollment to fund existing and ongoing public education obligations. (b) The report required by subdivision (a) shall include input from relevant stakeholders, as determined by the Legislative Analyst’s Office. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Amended by Stats. 2025, Ch. 67, Sec. 48. (AB 1170) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.)
  135. 42238.03.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent must calculate annual transition funding for each school district and charter school, and subtract specified revenue sources from the amounts used in the formula.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.03. (a) Commencing with the 2013–14 fiscal year and each fiscal year thereafter, the Superintendent shall calculate a base entitlement for the transition to the local control funding formula for each school district and charter school equal to the sum of the amounts computed pursuant to paragraphs (1) to (4), inclusive. The amounts computed pursuant to paragraphs (1) to (4), inclusive, shall be continuously appropriated pursuant to Section 14002. (1) The current fiscal year base entitlement funding level shall be the sum of all of the following: (A) For school districts, revenue limits in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 42238), as that article read on January 1, 2013, divided by the 2012–13 average daily attendance of the school district computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. A school district’s 2012–13 fiscal year revenue limit funding shall exclude amounts computed pursuant to Article 4 (commencing with Section 42280). For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year revenue limits shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) (i) For charter schools, general purpose funding in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, and the amount of in-lieu property tax provided to the charter school pursuant to Section 47635, as that section read on June 30, 2013, divided by the 2012–13 average daily attendance of the charter school computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year general purpose funding, as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) The amount computed pursuant to clause (i) shall exclude funds received by a charter school pursuant to Section 47634.1, as that section read on January 1, 2013. (C) The amount computed pursuant to subparagraph (A) shall exclude funds received pursuant to Section 47633, as that section read on January 1, 2013. (D) For school districts, funding for qualifying necessary small high schools and necessary small elementary schools shall be adjusted to reflect the funding levels that correspond to the 2012–13 necessary small high school and necessary small elementary school allowances pursuant to Article 4 (commencing with Section 42280) and former Section 42238.146, as those provisions read on January 1, 2013. (2) (A) Entitlements from items contained in Section 2.00, as adjusted pursuant to Section 12.42, of the Budget Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to former Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4, as it read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. The entitlement for basic aid school districts shall include the reduction of 8.92 percent as applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the Statutes of 2012. For purposes of this subparagraph, 2012–13 fiscal year entitlements shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) Commencing with the 2014–15 fiscal year, the entitlements identified in subparagraph (A) shall be adjusted to reflect the exclusion of one-time redevelopment agency liquid asset recovery revenue, pursuant to Section 34179.5 and following, of the Health and Safety Code, before the application of the 8.92-percent reduction applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012. (3) The allocations pursuant to Sections 42606 and 47634.1, as those sections read on January 1, 2013, divided by the 2012–13 average daily attendance of the charter school computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. (4) The amount allocated to a school district or charter school pursuant to paragraph (3) of subdivision (b) for the fiscal years before the current fiscal year divided by the average daily attendance of the school district or charter school for the fiscal years before the current fiscal year computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the school district or charter school computed pursuant to Section 42238.05. For purposes of this paragraph, the amount allocated pursuant to paragraph (3) of subdivision (b) for the fiscal years before the current fiscal year, and the average daily attendance of the school district or charter school for the fiscal years before the current fiscal year, as computed pursuant to Section 42238.05, shall be considered final as of the third recertification of the annual apportionment. (5) (A) For the 2013–14 and 2014–15 fiscal years only, a school district that, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2), received funds on behalf of, or provided funds to, a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to secondary pupils shall not redirect that funding for another purpose unless otherwise authorized in law or pursuant to an agreement between the regional occupational center or program joint powers agency and the contracting school district. (B) For the 2013–14 and 2014–15 fiscal years only, if a regional occupational center or program joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing instruction to pupils enrolled in grades 9 to 12, inclusive, received, in the 2012–13 fiscal year, an apportionment of funds directly from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the regional occupational center or program joint powers agency. (6) (A) (i) For the 2013–14 and 2014–15 fiscal years only, a school district that, in the 2012–13 fiscal year, from any of the funding sources identified in paragraph (1) or (2), received funds on behalf of, or provided funds to, a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation shall not redirect that funding for another purpose unless otherwise authorized in law or pursuant to an agreement between the home-to-school transportation joint powers agency and the contracting school district. (ii) For the 2013–14 and 2014–15 fiscal years only, if a home-to-school transportation joint powers agency established in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation received, in the 2012–13 fiscal year, an apportionment of funds directly from the Superintendent from any of the funding sources identified in subparagraph (A) of paragraph (2) of subdivision (a), the Superintendent shall apportion that same amount to the home-to-school transportation joint powers agency. (iii) If a home-to-school transportation joint powers agency, established pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code for purposes of providing pupil transportation, received an apportionment directly from the Superintendent from any of the funding sources specified in subparagraph (A) of paragraph (2) of subdivision (a) for the 2012–13 fiscal year, the joint powers agency may identify the member local educational agencies and transfer entitlement to that funding to any of those member local educational agencies by reporting to the Superintendent, on or before September 30, 2015, the reassignment of a specified amount of the joint powers agency’s 2012–13 fiscal year entitlement to the member local educational agency. Commencing with the 2015–16 fiscal year, the Superintendent shall add the reassigned amounts to the amounts calculated pursuant to subparagraph (A) of paragraph (2) of subdivision (a). (B) In addition to subparagraph (A), of the funds a school district receives for home-to-school transportation programs the school district shall expend, pursuant to former Article 2 (commencing with Section 39820) of Chapter 1 of Part 23.5, former Article 10 (commencing with Section 41850) of Chapter 5, and the Small School District Transportation program, as set forth in former Article 4.5 (commencing with Section 42290), as those articles read on January 1, 2013, no less for those programs than the amount of funds the school district expended for home-to-school transportation in the 2012–13 fiscal year. (7) For the 2013–14 and 2014–15 fiscal years only, of the funds a school district receives for purposes of regional occupational centers or programs, or adult education, the school district shall expend no less than the amount of funds the school district expended for purposes of regional occupational centers or programs, or adult education, respectively, in the 2012–13 fiscal year. For purposes of this paragraph, a school district may include expenditures made by its county office of education within the school district for purposes of regional occupational centers or programs so long as the total amount of expenditures by the school district and the county office of education equal or exceed the total amount required to be expended for purposes of regional occupational centers or programs pursuant to this paragraph and paragraph (3) of subdivision (k) of Section 2575. (8) For the 2013–14 and 2014–15 fiscal years only, and for purposes of ensuring the continuity of essential induction and training services for beginning teachers, the Alameda County Superintendent of Schools shall withhold five hundred eighty-one thousand five hundred forty dollars ($581,540) from the local control funding formula apportionments of the Newark Unified School District, and from those withheld funds shall allocate the following amounts to the following entities: (A) One hundred forty-seven thousand nine hundred twenty dollars ($147,920) to the Alameda Unified School District. (B) One hundred four thousand dollars ($104,000) to the San Leandro Unified School District. (C) One hundred sixty-four thousand six hundred twenty dollars ($164,620) to the Berkeley Unified School District. (D) One hundred sixty-five thousand dollars ($165,000) to the San Lorenzo Unified School District. (b) Compute an annual local control funding formula transition adjustment for each school district and charter school as follows: (1) Subtract the amount computed pursuant to paragraphs (1) to (4), inclusive, of subdivision (a) from the amount computed for each school district or charter school under the local control funding formula entitlements computed pursuant to Section 42238.02. School districts and charter schools with a negative difference shall be deemed to have a zero difference. (2) Each school district’s and charter school’s total need, as calculated pursuant to paragraph (1), shall be divided by the sum of all school districts’ and charter schools’ total need to determine the school district’s or charter school’s respective proportions of total need. (3) (A) Each school district’s and charter school’s proportion of total need shall be multiplied by any available appropriations specifically made for purposes of this subdivision, and added to the school district’s or charter school’s funding amounts as calculated pursuant to subdivision (a). (B) For purposes of subparagraph (A), the proportion of total need that is funded from any available appropriations specifically made for purposes of this subdivision for a fiscal year shall be considered fixed as of the second principal apportionment for that fiscal year. Adjustments to a school district’s or charter school’s total need, as computed pursuant to paragraph (1), subsequent to the second principal apportionment for a fiscal year, shall be funded based on the fixed proportion of total need that is funded for that fiscal year pursuant to this subdivision and shall be continuously appropriated pursuant to Section 14002. (4) If the total amount of funds appropriated for purposes of paragraph (3) pursuant to this subdivision are sufficient to fully fund any positive amounts computed pursuant to paragraph (1), the local control funding formula grant computed pursuant to subdivision (c) of Section 42238.02 shall be adjusted to ensure that any available appropriation authority is expended for purposes of the local control funding formula. (c) The Superintendent shall subtract from the amounts computed pursuant to subdivisions (a) and (b) the sum of the following: (1) (A) For school districts, the property tax revenue received pursuant to Chapter 3.5 (commencing with Section 75) and Chapter 6 (commencing with Section 95) of Part 0.5 of Division 1 of the Revenue and Taxation Code. (B) For charter schools, the in-lieu property tax amount provided to a charter school pursuant to Section 47635. (2) The amount, if any, received pursuant to Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code. (3) The amount, if any, received pursuant to Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. (4) Prior years’ taxes and taxes on the unsecured roll. (5) Fifty percent of the amount received pursuant to Section 41603. (6) The amount, if any, received pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code), less any amount received pursuant to Section 33401 or 33676 of the Health and Safety Code that is used for land acquisition, facility construction, reconstruction, or remodeling, or deferred maintenance and that is not an amount received pursuant to Section 33492.15, or paragraph (4) of subdivision (a) of Section 33607.5, or Section 33607.7 of the Health and Safety Code that is allocated exclusively for educational facilities. (7) The amount, if any, received pursuant to Sections 34177, 34179.5, 34179.6, 34183, and 34188 of the Health and Safety Code. (8) Revenue received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (d) A school district or charter school that has a zero difference pursuant to paragraph (1) of subdivision (b) in the prior fiscal year shall receive an entitlement equal to the amount calculated pursuant to Section 42238.02 in the current fiscal year and future fiscal years. (e) Notwithstanding paragraph (2) of subdivision (g), or the computations pursuant to subdivisions (b) to (d), inclusive, and Section 42238.02, commencing with the 2013–14 fiscal year, a school district or charter school shall receive state-aid funding of no less than the sum of the amounts computed pursuant to paragraphs (1) to (3), inclusive. (1) (A) For school districts, revenue limits in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 42238), as that article read on January 1, 2013, divided by the 2012–13 average daily attendance of the school district computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the school district computed pursuant to Section 42238.05. A school district’s 2012–13 revenue limit funding shall exclude amounts computed pursuant to Article 4 (commencing with Section 42280). For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year revenue limits shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) (i) For charter schools, general purpose funding in the 2012–13 fiscal year as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, and the amount of in-lieu property tax provided to the charter school in the 2012–13 fiscal year pursuant to Section 47635, as that section read on January 1, 2013, divided by the 2012–13 average daily attendance of the charter school computed pursuant to Section 42238.05. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school computed pursuant to Section 42238.05. For purposes of this subparagraph, 2012–13 fiscal year average daily attendance and 2012–13 fiscal year general purpose funding, as computed pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as that article read on January 1, 2013, shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (ii) The amount computed pursuant to clause (i) shall exclude funds received by a charter school pursuant to Section 47634.1, as that section read on January 1, 2013. (C) The amount computed pursuant to subparagraph (A) shall exclude funds received pursuant to Section 47633, as that section read on January 1, 2013. (D) For school districts, the 2012–13 funding allowance provided for qualifying necessary small high schools and necessary small elementary schools pursuant to Article 4 (commencing with Section 42280) and Section 42238.146, as those provisions read on January 1, 2013. (E) The amount computed pursuant to subparagraphs (A) to (D), inclusive, shall be reduced by the sum of the amount computed pursuant to paragraphs (1) to (8), inclusive, of subdivision (c). (2) (A) Entitlements from items contained in Section 2.00, as adjusted pursuant to Section 12.42, of the Budget Act of 2012 for Items 6110-104-0001, 6110-105-0001, 6110-108-0001, 6110-111-0001, 6110-124-0001, 6110-128-0001, 6110-137-0001, 6110-144-0001, 6110-156-0001, 6110-181-0001, 6110-188-0001, 6110-189-0001, 6110-190-0001, 6110-193-0001, 6110-195-0001, 6110-198-0001, 6110-204-0001, 6110-208-0001, 6110-209-0001, 6110-211-0001, 6110-212-0001, 6110-227-0001, 6110-228-0001, 6110-232-0001, 6110-240-0001, 6110-242-0001, 6110-243-0001, 6110-244-0001, 6110-245-0001, 6110-246-0001, 6110-247-0001, 6110-248-0001, 6110-260-0001, 6110-265-0001, 6110-267-0001, 6110-268-0001, and 6360-101-0001, 2012–13 fiscal year funding for the Class Size Reduction Program pursuant to former Chapter 6.10 (commencing with Section 52120) of Part 28 of Division 4, as it read on January 1, 2013, and 2012–13 fiscal year funding for pupils enrolled in community day schools who are mandatorily expelled pursuant to subdivision (d) of Section 48915. The entitlement for basic aid school districts shall include the reduction of 8.92 percent as applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 89 of Chapter 38 of the Statutes of 2012. For purposes of this subparagraph, 2012–13 fiscal year entitlements shall be considered final as of the annual apportionment for the 2012–13 fiscal year, as calculated for purposes of the certification required on or before February 20, 2014, pursuant to Sections 41332 and 41339. (B) Commencing with the 2014–15 fiscal year, the entitlements identified in subparagraph (A) shall be adjusted to reflect the exclusion of one-time redevelopment agency liquid asset recovery revenue, pursuant to Section 34179.5 and following, of the Health and Safety Code, before the application of the 8.92-percent reduction applied pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 3 of Chapter 2 of the Statutes of 2012. (C) The Superintendent shall annually apportion any entitlement provided to the state special schools from the items specified in subparagraph (A) to the state special schools in the same amount as the state special schools received from those items in the 2012–13 fiscal year. (D) Commencing with the 2015–16 fiscal year, any portion of funding transferred to a school district or charter school by a joint powers agency pursuant to clause (iii) of subparagraph (A) of paragraph (6) of subdivision (a) shall be deemed to be included in the entitlements specified in subparagraph (A) for the school district or charter school. (3) The allocations pursuant to Sections 42606 and 47634.1, as those sections read on January 1, 2013, divided by the 2012–13 average daily attendance of the charter school. That quotient shall be multiplied by the current fiscal year average daily attendance of the charter school. (4) (A) For purposes of this subdivision, funding for a restructured charter school shall be calculated as follows: (i) Funding for a transferred charter school that meets the requirements of Section 47653 shall be calculated by doing both of the following: (I) For purposes of paragraphs (1) and (3), using the quotient calculated for the original charter school. (II) For purposes of paragraph (2), using the same amount of entitlement funding calculated for the charter school before the restructuring. (ii) (I) Funding for an acquiring charter school that meets the requirements of Section 47653 shall be calculated by doing both of the following: (ia) For purposes of paragraphs (1) and (3), using the median quotient calculated for the original charter schools. (ib) For purposes of paragraph (2), using the same amount of entitlement funding calculated for each original charter school before the restructuring. (II) This clause shall become inoperative on July 1, 2026, unless its operation is extended by the Legislature. (iii) Funding for a divided charter school that meets the requirements of Section 47653 shall be calculated by doing the following: (I) For purposes of paragraphs (1) and (3), using the quotients calculated for the original charter school for both the restructured portions of a divided charter school and the remaining portion of a divided charter school. (II) For purposes of paragraph (2), dividing the amount between the restructured portions of a divided charter school and the remaining portion of a divided charter school based on each charter school’s share of the combined average daily attendance of the original charter school computed pursuant to Section 42238.05 as of the second principal apportionment in the fiscal year immediately before the first fiscal year of instruction as a restructured charter school. Data regarding average daily attendance shall be provided by the charter school in a format prescribed by the Superintendent. The total average daily attendance attributable to the restructured and remaining portions of a divided charter school shall not exceed the total average daily attendance of the original charter school for the applicable fiscal year. The amounts shall be final as of the second principal apportionment for the first fiscal year of instruction as a restructured charter school and each fiscal year thereafter. (B) The definitions in Section 47654 apply for purposes of this paragraph. (f) (1) For purposes of this section, commencing with the 2013–14 fiscal year and until all school districts and charter schools equal or exceed their local control funding formula target computed pursuant to Section 42238.02, as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b), a newly operational charter school shall be determined to have a prior year funding amount per unit of average daily attendance equal to the lesser of: (A) The prior year funding amount per unit of average daily attendance for the school district in which the charter school is physically located. The Superintendent shall calculate the funding amount per unit of average daily attendance for this purpose by dividing the total local control funding formula entitlement, calculated pursuant to subdivisions (a) and (b), received by that school district in the prior year by prior year funded average daily attendance of that school district. For purposes of this subparagraph, a charter school that is physically located in more than one school district shall use the calculated local control funding entitlement per unit of average daily attendance of the school district with the highest prior year funding amount per unit of average daily attendance. For purposes of this subparagraph, the prior year funding amount per unit of average daily attendance for the school district in which the charter school is physically located shall be considered final as of the second principal apportionment of the prior fiscal year. (B) The charter school’s local control funding formula rate computed pursuant to subdivisions (c) to (i), inclusive, of Section 42238.02. (2) For charter schools funded pursuant to paragraph (1), the charter school shall be eligible to receive growth funding pursuant to subdivision (b) toward meeting the newly operational charter school’s local control funding formula target. (3) Upon a determination that all school districts and charter schools equal or exceed the local control funding formula target computed pursuant to Section 42238.02, as determined by the calculation of a zero difference pursuant to paragraph (1) of subdivision (b) for all school districts and charter schools, this subdivision shall not apply and the charter school shall receive an allocation equal to the amount calculated under Section 42238.02 in that fiscal year and future fiscal years. (4) For purposes of this subdivision, the determination of a charter school’s physical location shall be considered final as of the second principal apportionment for the applicable fiscal year. (g) (1) In each fiscal year the Superintendent shall determine the percentage of school districts that are apportioned funding pursuant to this section that is less than the amount computed pursuant to Section 42238.02 as of the second principal apportionments of the fiscal year. If the percentage is less than 10 percent, the Superintendent shall apportion funding to school districts and charter schools equal to the amount computed pursuant to Section 42238.02 in that fiscal year. (2) For each fiscal year thereafter, the Superintendent shall apportion funding to a school district and charter school equal to the amount computed pursuant to Section 42238.02. (Amended by Stats. 2023, Ch. 48, Sec. 27. (SB 114) Effective July 10, 2023.)
  136. 42238.04.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    Revenue limit funding for school districts and charter school block grant funding for charter schools for 2012–13 and earlier fiscal years must continue to be adjusted under the specified articles as they read on January 1, 2013.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.04. Notwithstanding any other law, revenue limit funding for school districts and charter school block grant funding for charter schools for the 2012–13 fiscal year and prior fiscal years shall continue to be adjusted pursuant to Article 2 (commencing with Section 42238), and Article 2 (commencing with Section 47633) of Chapter 6 of Part 26.8 of Division 4, as those articles read on January 1, 2013. (Added by Stats. 2013, Ch. 47, Sec. 31. (AB 97) Effective July 1, 2013.)
  137. 42238.05.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section sets rules for calculating school district and charter school average daily attendance and directs the Superintendent to make certain allocations and adjustments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.05. (a) For purposes of Sections 42238.02, 42238.025, and 42238.03, the fiscal year average daily attendance for a school district shall be computed pursuant to paragraphs (1) to (3), inclusive, as applicable. (1) The second principal apportionment regular average daily attendance for the current fiscal year, or the prior fiscal year if the prior fiscal year total is greater, or the average of the three most recent prior fiscal years, if the three-year average total is greater than both the current fiscal year and prior fiscal year, excluding units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280). (2) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280). (3) Average daily attendance for any applicable prior fiscal year shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory. (b) For purposes of this article, regular average daily attendance shall be the base grant average daily attendance. (c) For purposes of this section, the Superintendent shall distribute total ungraded enrollment and average daily attendance among kindergarten and each of grades 1 to 12, inclusive, in proportion to the amounts of graded enrollment and average daily attendance, respectively, in each of these grades. (d) Subdivisions (a) to (c), inclusive, shall only apply to average daily attendance generated by school districts and shall not apply to average daily attendance generated by charter schools. (e) A pupil shall not be counted more than once for purposes of calculating average daily attendance pursuant to this section. (f) For purposes of Sections 42238.02, 42238.025, and 42238.03, average daily attendance for a charter school shall be the total current year average daily attendance in the corresponding grade level ranges for the charter school. (g) For purposes of computing the average of the three most recent prior fiscal years for a school district pursuant to this section, the Superintendent shall adjust a school district’s average daily attendance applicable to the 2021–22 fiscal year by the amount computed pursuant to paragraph (3) of subdivision (a) of Section 42238.023. (Amended by Stats. 2024, Ch. 38, Sec. 21. (SB 153) Effective June 29, 2024.)
  138. 42238.051.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    School districts must report yearly attendance adjustments to the Superintendent, and certain charter-school attendance is included or excluded when calculating sponsoring district attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.051. (a) For purposes of paragraph (1) of subdivision (a) of Section 42238.05, a sponsoring school district’s average daily attendance shall be computed as follows: (1) Compute the sponsoring school district’s regular average daily attendance in the current fiscal year, excluding the attendance of pupils in charter schools. (2) (A) Compute the regular average daily attendance used to calculate the second principal apportionment of the school district for the three most recent prior fiscal years, excluding the attendance of pupils in charter schools. (B) For the purpose of computing attendance for the three most recent prior fiscal years pursuant to subparagraph (A), the following adjustments shall be made: (i) For a pupil attending a noncharter school of the school district between July 1, and the last day of the second attendance period, inclusive, in the current, prior, or second prior fiscal year, who attended a charter school sponsored by the school district in the respective prior fiscal year, the amount of second period attendance generated by that pupil at the charter school shall increase the sponsoring school district’s attendance for the respective prior fiscal year. (ii) For a pupil attending a charter school between July 1, and the last day of the second attendance period, inclusive, in the current, prior, or second prior fiscal year, who attended a noncharter school of the sponsoring school district in the respective prior fiscal year, the amount of second period attendance generated by that pupil at the noncharter school of the school district shall decrease the sponsoring school district’s attendance for the respective prior fiscal year. (iii) For purposes of clauses (i) and (ii), a pupil enrolled in a grade at a charter school sponsored by the school district shall not be counted if the school district does not offer classes for pupils enrolled in that grade for the respective prior fiscal year. (iv) In each fiscal year, school districts shall report to the Superintendent the total prior year increase or decrease in second period attendance pursuant to clauses (i) and (ii) at the first and second principal apportionments. (v) For the 2022–23 fiscal year, an adjustment shall not be made to attendance in the second and third prior fiscal years. (vi) For the 2023–24 fiscal year, an adjustment shall not be made to attendance in the third prior fiscal year. (vii) Notwithstanding clauses (v) and (vi), if in any fiscal year the adjustments described in clauses (i) and (ii) result in a 50 percent or greater reduction of the school district’s second period attendance for the prior or second prior fiscal year, the school district’s average second period attendance for the three most recent prior fiscal years shall be zero. (b) For purposes of this section, a “sponsoring school district” shall mean a “sponsoring local educational agency,” as defined in Section 47632, as that section read on January 1, 2013. (Amended by Stats. 2022, Ch. 52, Sec. 42. (AB 181) Effective June 30, 2022.)
  139. 42238.055.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    Sections 42238.051 and 42238.052 do not apply to certain resident pupils in charter 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.055. (a) Sections 42238.051 and 42238.052 do not apply to resident pupils in charter schools operating under the districtwide charter of a school district that has converted all of its schools to charter status pursuant to Section 47606. (b) For purposes of this section, “resident pupils” means pupils who reside in, and are otherwise eligible to attend, a school in the specified school district. (Added by Stats. 2014, Ch. 33, Sec. 24. (SB 859) Effective June 20, 2014.)
  140. 42238.06.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    From July 1, 2013, this section replaces certain old references with new ones tied to the local control funding formula.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.06. Commencing on July 1, 2013, except for Sections 42238, 42238.1, 42238.2, and 42238.5, or where the context requires otherwise, all of the following shall apply: (a) References to “revenue limit” shall instead refer to the “local control funding formula.” (b) References to “the revenue limit calculated pursuant to Section 42238” shall instead refer to “the local control funding formula calculated pursuant to Section 42238.02, as implemented by Section 42238.03.” (c) References to “Section 42238” shall instead refer to “Section 42238.02, as implemented pursuant to Section 42238.03.” (d) References to “Section 42238.1” shall instead refer to “Section 42238.02.” (e) References to “Section 42238.5” shall instead refer to “Section 42238.05.” (f) References to “general-purpose entitlement” shall instead refer to “local control funding formula grant funding pursuant to Section 42238.02, as implemented by Section 42238.03.” (Added by Stats. 2013, Ch. 47, Sec. 36. (AB 97) Effective July 1, 2013.)
  141. 42238.07.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The state board must adopt regulations for spending certain pupil-based funds, and local education agencies must increase services for unduplicated pupils and file required calculations and reporting.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.07. (a) On or before January 31, 2014, the state board shall adopt regulations that govern the expenditure of funds apportioned on the basis of the number and concentration of unduplicated pupils pursuant to Sections 2574, 2575, 42238.02, and 42238.03. The regulations shall include, but are not limited to, provisions that do all of the following: (1) Require a school district, county office of education, or charter school to increase or improve services for unduplicated pupils in proportion to the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils in the school district, county office of education, or charter school. (2) Authorize a school district, county office of education, or charter school to use funds apportioned on the basis of the number of unduplicated pupils for schoolwide purposes, or, for school districts, districtwide purposes, for county offices of education, countywide purposes, or for charter schools, charterwide purposes, in a manner that is no more restrictive than the restrictions provided for in Title I of the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et seq.). (b) The state board may adopt emergency regulations for purposes of this section. (c) Commencing with the local control and accountability plan and the annual update to the local control and accountability adopted on or before July 1, 2022, each school district, county office of education, and charter school shall do both of the following: (1) Annually calculate the total difference between the total budgeted expenditures on planned actions reported in the local control and accountability plan pursuant to paragraph (4) of subdivision (b) of Section 52064 and the total estimated actual expenditures for those actions reported in the local control and accountability plan pursuant to paragraph (7) of subdivision (b) of Section 52064. (2) If the total budgeted expenditures on planned actions reported in the local control and accountability plan pursuant to paragraph (4) of subdivision (b) of Section 52064 is less than the estimate described in paragraph (5) of subdivision (b) of Section 52064, annually determine the total percentage point difference, if any, between the total planned quality improvements based on the planned specific actions reported in the local control and accountability plan pursuant to subparagraph (B) of paragraph (4) of subdivision (b) of Section 52064 and the total actual quality improvements for those actions reported in the local control and accountability plan pursuant to paragraph (7) of subdivision (b) of Section 52064. (d) If the total estimated actual expenditures and the total actual quality improvements described in paragraphs (1) and (2) of subdivision (c) are less than the total budgeted expenditures and the total planned quality improvements described in paragraphs (1) and (2) of subdivision (c), and together these efforts are less than the total increase or improvement in services required by paragraph (1) of subdivision (a), all of the following requirements shall apply: (1) The difference shall be expressed as an unused portion of the increase in funds apportioned on the basis of the number and concentration of unduplicated pupils in the school district, county office of education, or charter school set forth in paragraph (1) of subdivision (a). (2) The funds herein shall be expended only to implement specific actions that satisfy the requirements for specific actions to be considered as contributing toward meeting the increased or improved services requirement pursuant to the regulations adopted by the state board pursuant to subdivision (a). (3) The local educational agency shall report the planned uses of the funds in its local control and accountability plan pursuant to Section 52064. (e) The requirements in subdivision (d) are independent and additional to the requirement to increase or improve services for the ensuing fiscal year established in regulations adopted by the state board pursuant to subdivision (a). (Amended by Stats. 2021, Ch. 44, Sec. 29. (AB 130) Effective July 9, 2021.)
  142. 42238.1.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent must compute an inflation adjustment for specified fiscal years 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.1. (a) For the 1986–87 fiscal year and each fiscal year up to and including the 1998–99 fiscal year, the Superintendent shall compute an inflation adjustment equal to the product of paragraphs (1) and (2): (1) Compute the sum of the following: (A) The statewide average base revenue limit per unit of average daily attendance for the prior fiscal year for school districts of similar type. (B) The amount, if any, per unit of average daily attendance received by the school district pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 for the prior fiscal year. (2) The percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 1 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 1 of the second preceding fiscal year, as reported by the Department of Finance. (b) For the 1999–2000 fiscal year and each fiscal year thereafter, the Superintendent shall compute an inflation adjustment equal to the product of paragraphs (1) and (2): (1) Compute the sum of the following: (A) The statewide average base revenue limit per unit of average daily attendance for the prior fiscal year for school districts of similar type. (B) The amount, if any, per unit of average daily attendance received by the school district pursuant to Article 8 (commencing with Section 46200) of Chapter 2 of Part 26 for the prior fiscal year. (2) The percentage change in the annual average value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the United States Department of Commerce for the 12-month period ending in the third quarter of the prior fiscal year. This percentage change shall be determined using the latest data available as of May 10 of the preceding fiscal year compared with the annual average value of the same deflator for the 12-month period ending in the third quarter of the second preceding fiscal year, using the latest data available as of May 10 of the preceding fiscal year, as report by the Department of Finance. (c) This section shall become operative July 1, 1986. (d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 35. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.)
  143. 42238.15.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    State funding for the listed programs must be increased each year, and childcare and development programs are barred from cost-of-living adjustments in specified fiscal years, with a narrow exception for certain agencies and councils in 2023–24 and 2024–25.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.15. (a) Notwithstanding any other law, and in lieu of any inflation or cost-of-living adjustment otherwise authorized for the programs enumerated in subdivision (b), state funding for the programs enumerated in subdivision (b) shall be increased annually by the product of the following: (1) The sum of 1.0 plus the percentage change determined under paragraph (2) of subdivision (d) of Section 42238.02. (2) The sum of 1.0 plus the percentage of increase, from the prior fiscal year to the current fiscal year, in each of the workload factors described in subdivision (b) or, for paragraph (2) of subdivision (b), zero, whichever is greater. (b) The programs for which annual state funding increases are determined under this section, and the factors used to measure workload for each of those programs, are as follows: (1) Special education programs and services, with workload measured by the regular second principal apportionment average daily attendance for kindergarten and grades 1 to 12, inclusive. (2) Childcare and development programs, and preschool programs, with workload measured by the state population of children up to and including four years of age. (c) Notwithstanding any other law, childcare and development programs shall not receive a cost-of-living adjustment in the 2012–13, 2013–14, 2014–15, 2020–21, and 2025–26 fiscal years. (d) Notwithstanding any other law, childcare and development programs shall not receive a cost-of-living adjustment in the 2023–24 and 2024–25 fiscal years, except for resource and referral agencies pursuant to Chapter 2 (commencing with Section 10217) of, and local childcare and development planning councils pursuant to Chapter 31 (commencing with Section 10480) of, Part 1.8 of Division 9 of the Welfare and Institutions Code. (Amended by Stats. 2025, Ch. 13, Sec. 3. (SB 120) Effective June 27, 2025.)
  144. 42238.18.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section sets rules for which pupils count for juvenile court school apportionments, when referred pupils may enroll in county community schools, and what funds a county office of education may spend.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.18. (a) Notwithstanding any other law, only those pupils enrolled in county office of education programs while detained in a juvenile hall, juvenile home, day center, juvenile ranch, juvenile camp, or regional youth educational facility established pursuant to Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), and Article 24.5 (commencing with Section 894) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code shall be counted as juvenile court school pupils. For purposes of apportionments, those pupils in a group home housing 25 or more children placed pursuant to Sections 362, 727, and 730 of the Welfare and Institutions Code or in any group home housing 25 or more children and operating one or more additional sites under a central administration for children placed pursuant to Section 362, 727, or 730 of the Welfare and Institutions Code shall be reported as county group home and institutions pupils to the Superintendent and shall be counted as juvenile court school pupils for purposes of apportionments. (b) Notwithstanding any other law, pupils who are referred by the county probation department under Section 601 or 654 of the Welfare and Institutions Code, shall be enrolled and eligible for apportionments in county community schools only after an individualized review and certification of the appropriateness of enrollment in the county group home and institution’s school or county community school. The individualized review shall include representatives of the court, the county office of education, the county probation department, and either the school district of residence or, in cases in which the pupil resides in a group home or institution, the school district in which the group home or institution is located, and, in each case, the school district representative shall agree to the appropriateness of the proposed placement and pupils so placed shall have a probation officer assigned to their case. (c) Regardless of the operative date of the amendments to this section made during the 1997 portion of the 1997–98 Regular Session, this section, as so amended, shall be implemented as though it had been operative on July 1, 1996. For the purpose of implementing this section for the entire 1996–97 fiscal year, the Superintendent and other public officers shall take all necessary steps to effect the required adjustments and shall have authority to adjust allowance computations, apportionments, and disbursements ordered from Section A of the State School Fund and other public funds. (d) Notwithstanding any other law, on or after July 1, 2013, a county office of education may expend funds previously deposited in the capital outlay reserve established pursuant to former paragraph (4) of subdivision (b) of this section, as this section read on June 30, 2013, for any of the purposes specified in the local control and accountability plan adopted pursuant to Section 52066. (Amended by Stats. 2014, Ch. 33, Sec. 25. (SB 859) Effective June 20, 2014.)
  145. 42238.19.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent of Public Instruction may deduct certain federal audit repayment amounts, including interest, from school district or agency 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.19. For federal audit actions that became final by entry of judgment or final administrative decision on or after July 1, 1987, and that require repayment of funds to the federal government by the State Department of Education for federal audit exceptions based on findings in any school district or any other agency receiving federal funds through the department, the amount of the repayments, with interest due the federal government, may be deducted from the apportionment made to those districts or agencies by the Superintendent of Public Instruction. The amount that is repaid to the state under the provisions of Section 459 of the General Education Provisions Act (20 U.S.C. Sec. 1234h) shall be apportioned to the district in accordance with any grant back plan submitted by the district and the department and approved by the United States Department of Education. (Added by Stats. 1993, Ch. 66, Sec. 18. Effective June 30, 1993.)
  146. 42238.2.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    A school district that meets specified attendance-loss conditions may be entitled to an average daily attendance adjustment, with related loan and repayment rules.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.2. (a) (1) Notwithstanding Section 42238.5 or any other law, a school district that meets any of the following conditions shall be entitled to an adjustment to its units of average daily attendance pursuant to this section: (A) The school district experiences a decline in the number of units of average daily attendance in excess of 8 percent of its total average daily attendance as a result of the closure of a facility operated by a branch of the United States Armed Forces in the school district’s boundaries. (B) The school district experiences a decline in the number of units of average daily attendance that is less than 8 percent but at least 5 percent of its total average daily attendance as a result of the closure of a facility operated by a branch of the United States Armed Forces in that school district’s boundaries, upon a finding by both the Superintendent and the Director of Finance that both of the following conditions exist: (i) The school district demonstrates that at the end of a three-year period the school district will experience a 10-percent reduction in the amount of funding that the school district would otherwise have received from state apportionments, funding received pursuant to the California State Lottery Act of 1984 (Chapter 12.5 (commencing with Section 8880) of Division 1 of Title 2 of the Government Code), and funding received pursuant to federal Title VIII of Public Law 103-382, as a result of the loss of pupils related to the closure of a facility operated by a branch of the United States Armed Forces. (ii) The fiscal crisis and management assistance team established pursuant to Section 42127.8 has reviewed the school district’s finances and has found that the school district has taken significant steps to reduce expenditure. (C) The school district experiences a decline in the number of units of average daily attendance in excess of 5 percent of its total average daily attendance and the Director of Finance determines that the school district is likely, within eight years of that decline, to maintain a number of units of average daily attendance that is equivalent to the number of units of average daily attendance maintained by the school district before the decline. Notwithstanding subdivision (b), loan repayments shall commence no later than the fourth year after the base year or at a later time, as determined by the Director of Finance. (2) For purposes of this section, the year preceding a decline shall be the base year. (b) In the second year after the base year, the district average daily attendance pursuant to Section 42238.5 may, if the school district chooses, be increased by 75 percent of the difference between the base year units of average daily attendance and the units of average daily attendance in the first year of decline. In the third year after the base year, the school district average daily attendance pursuant to Section 42238.5 may, if the school district chooses, be increased by 50 percent of the difference between the base year units of average daily attendance and the units of average daily attendance in the first year of decline. The amount of money represented by these increases shall be considered a loan to the school district. Loan repayments shall commence no later than the fourth year after the base year. (c) (1) The Superintendent, in consultation with a school district subject to this section, shall determine a schedule for repayment of the total amount loaned pursuant to this section that may not exceed 10 years. Payments shall include interest charged at a rate based on the most current investment rate of the Pooled Money Investment Account in the General Fund as of the date of the disbursement of funds to the school district. (2) Upon written notification by the Superintendent that the school district has not made one or more of the payments required by the schedule established pursuant to paragraph (1), the Controller shall withhold from Section A of the State School Fund the defaulted payment that shall not exceed the amount of any apportionment entitlement of the school district to moneys in Section A of the State School Fund. In that regard, the Controller shall withhold the amount of any payment made under this subdivision, including reimbursement of the Controller’s administrative costs as determined under a schedule approved by the California Debt Advisory Commission, from subsequent apportionments to the school district from Section A of the State School Fund. (3) Any apportionments made by the Controller pursuant to paragraph (2) shall be deemed to be an allocation to the school district for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, and for purposes of Chapter 2 (commencing with Section 41200) of Part 24. (d) In no event shall the adjustment provided by this section cause the apportionment to a school district to exceed the amount that would otherwise be calculated for apportionment to the school district pursuant to Sections 42238 and 42238.1. (e) This section does not apply to a school district that experiences a decline in enrollment as a result of a school district reorganization pursuant to Chapter 3 (commencing with Section 35500) of Part 21 or any other law. (f) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (g) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2034, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2018, Ch. 32, Sec. 36. (AB 1808) Effective June 27, 2018. Inoperative July 1, 2033. Repealed as of January 1, 2034, by its own provisions.)
  147. 42238.24.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    School districts and county offices of education must account for certain teacher salary and benefit costs by offsetting them with specified state funding, and the required classroom-teacher salary spending must be allocated first to those teacher 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.24. Costs related to the salaries and benefits of teachers incurred by a school district or county office of education to provide the courses specified in paragraph (1) of subdivision (a) of Section 51225.3 shall be offset by the amount of state funding apportioned to the district pursuant to this article, or in the case of a county office of education pursuant to Article 2 (commencing with Section 2550) of Chapter 12 of Part 2 of Division 1 of Title 1, and the amount of state funding received from any of the items listed in Section 42605 that are contained in the annual Budget Act. The proportion of the school district’s current expense of education that is required to be expended for payment of the salaries of classroom teachers pursuant to Section 41372 shall first be allocated to fund the teacher salary costs incurred to provide the courses required by the state. (Added by Stats. 2010, Ch. 724, Sec. 16. (AB 1610) Effective October 19, 2010.)
  148. 42238.3.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    Certain school districts may adjust their revenue limit during the loan repayment period if they are using the Section 42238.2 adjustment, but the section does not apply to districts with enrollment decline caused by reorganization.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.3. (a) For each year during the loan repayment period provided for in Section 42238.2, any district utilizing the adjustment pursuant to Section 42238.2 may adjust its revenue limit computed pursuant to Section 42238 to the statewide average revenue limit per unit of average daily attendance for its size and type of district in proportion to the percentage of the loan that the school district has repaid up to and including the year in which the revenue limit adjustment is made. (b) This section does not apply to a school district that experiences a decline in enrollment as a result of a school district reorganization pursuant to Chapter 3 (commencing with Section 35500) of Part 21 or any other law. (Amended by Stats. 1994, Ch. 404, Sec. 2. Effective January 1, 1995.)
  149. 42238.5.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section sets how average daily attendance is calculated for funding purposes and gives special rules for certain fiscal years, then becomes inoperative and later repealed.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.5. (a) For purposes of Section 42238, the fiscal year average daily attendance shall be computed pursuant to paragraph (1) or (2). (1) The second principal apportionment regular average daily attendance for either the current or prior fiscal year, whichever is greater. However, prior fiscal year average daily attendance shall be adjusted for any loss or gain of average daily attendance due to a reorganization or transfer of territory. (2) Any school district that elects to receive funding pursuant to Article 4 (commencing with Section 42280) shall compute its units of average daily attendance for purposes of Section 42238 by subtracting the amount determined in subparagraph (B) from the amount determined in subparagraph (A). (A) The units of average daily attendance computed pursuant to paragraph (1). (B) The units of average daily attendance resulting from pupils attending schools funded pursuant to Article 4 (commencing with Section 42280). (b) For purposes of this article, regular average daily attendance shall be the base revenue limit average daily attendance, excluding summer school average daily attendance. (c) For purposes of this section, for the 1998–99 fiscal year only, the prior year average daily attendance shall be the 1997–98 regular average daily attendance, excluding absences excused pursuant to subdivision (b) of Section 46010, as that subdivision read on July 1, 1996. (d) Commencing with the 2013–14 fiscal year, this section shall be used only for purposes of allocating revenues received pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36 of Article XIII of the California Constitution. (e) This section shall become inoperative on July 1, 2033, and, as of January 1, 2034, is repealed. (Amended by Stats. 2023, Ch. 131, Sec. 32. (AB 1754) Effective January 1, 2024. Inoperative July 1, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)
  150. 42238.51.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    A sponsoring school district must calculate average daily attendance using specified current-year and prior-year figures, with special rules for charter-school and noncharter-school attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.51. (a) For purposes of paragraph (1) of subdivision (a) of Section 42238.5, a sponsoring school district’s average daily attendance shall be computed as follows: (1) Compute the sponsoring school district’s regular average daily attendance in the current year, excluding the attendance of pupils in charter schools. (2) (A) Compute the regular average daily attendance used to calculate the second principal apportionment of the school district for the prior year, excluding the attendance of pupils in charter schools. (B) Compute the attendance of pupils who attended one or more noncharter schools of the school district between July 1, and the last day of the second period, inclusive, in the prior year, and who attended a charter school sponsored by the school district between July 1, and the last day of the second period, inclusive, in the current year. For the purposes of this paragraph, a pupil enrolled in a grade at a charter school sponsored by the school district shall not be counted if the school district does not offer classes for pupils enrolled in that grade. The amount of the attendance counted for any pupil for the purpose of this subparagraph may not be greater than the attendance claimed for that pupil by the charter school in the current year. (C) Compute the attendance of pupils who attended a charter school sponsored by the school district in the prior year and who attended one or more noncharter schools of the school district in the current year. The amount of the attendance counted for any pupil for the purpose of this subparagraph may not be greater than the attendance claimed for that pupil by the school district in the current year. (D) From the amount determined pursuant to subparagraph (B), subtract the amount determined pursuant to subparagraph (C). If the result is less than zero, the amount shall be deemed to be zero. (E) The prior year average daily attendance determined pursuant to subparagraph (A) shall be reduced by the amount determined pursuant to subparagraph (D). (3) To the greater of the amounts computed pursuant to paragraphs (1) and (2), add the regular average daily attendance in the current year of all pupils attending charter schools sponsored by the district that are not funded pursuant to Article 2 (commencing with Section 47633) of Chapter 6 of Part 26. (b) For the purposes of this section, a “sponsoring school district” shall mean a “sponsoring local educational agency,” as defined in Section 47632. (c) This section shall become operative on July 1, 2007. (Amended (as added by Stats. 2006, Ch. 653, Sec. 2) by Stats. 2007, Ch. 130, Sec. 68. Effective January 1, 2008.)
  151. 42238.52.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    A school district must increase prior-year average daily attendance for certain schools, and it may not count pupils who were not district residents in the prior 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.52. (a) Notwithstanding any other provision of law, the prior year average daily attendance for a school district determined pursuant to subdivision (b) of Section 42238.51 shall be increased by the prior year second principal apportionment average daily attendance of district residents only of any school that meets the following description: (1) The school was a district noncharter school in any year prior to the prior year. (2) The school was operated as a district-approved charter school in the prior year. (3) The school is again operated as a district noncharter school in the current year. (b) An adjustment to prior year average daily attendance pursuant to this section may not be made for the attendance of pupils who were not residents of the school district in the prior year. (c) This section applies to the 2000–01 fiscal year and subsequent fiscal years. (Added by renumbering Section 47661.5 by Stats. 2002, Ch. 930, Sec. 3. Effective January 1, 2003.)
  152. 42238.6.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    School districts must increase certain attendance calculations for eligible schools, and the Superintendent of Public Instruction must issue rules to implement 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.6. (a) The fiscal year average daily attendance computed under Section 42238.5 shall be increased, for each school district that operates any school that meets the eligibility requirements set forth in subdivision (b), by the number of child days of attendance of pupils enrolled in eligible schools in the district who are currently migratory children, as defined by Section 54441, and who are residing in state-operated migrant housing projects between the second principal apportionment and the end of the regular school year, divided by the number of days school was actually taught in the regular day schools of the district, excluding Saturdays and Sundays. (b) For a school to be eligible for the purposes of this section, the following conditions shall apply: (1) One or more state-operated migrant housing projects are located within the attendance area of the school. (2) The maximum number of pupils enrolled in the school in the relevant fiscal year who are currently migratory children, as calculated under subdivision (a), constitutes not less than one-third of the total pupil enrollment of the school. (c) The Superintendent of Public Instruction shall establish rules and regulations for the implementation of this section. (Added by Stats. 1985, Ch. 845, Sec. 1.)
  153. 42238.75.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Controller must notify specified education agencies that they no longer need to keep certain attendance and excused-absence records for 1996–97 ADA 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42238.75. Notwithstanding any other provision of law: (a) All completed audits, including those on appeal, of school districts, charter schools, and county offices of education funded by Item 8860-025-0001 of Section 2.00 of Chapter 50 of the Statutes of 1999, Item 8860-025-0001 of Section 2.00 of Chapter 52 of the Statutes of 2000, and Item 8860-025-0001 of Section 2.00 of Chapter 106 of the Statutes of 2001, and any findings of those audits, are withdrawn, and no loss of apportionment arising from the findings of those audits shall be realized. (b) All audits funded by Item 8860-025-0001 of Section 2.00 of Chapter 50 of the Statutes of 1999, Item 8860-025-0001 of Section 2.00 of Chapter 52 of the Statutes of 2000, and Item 8860-025-0001 of Section 2.00 of Chapter 106 of the Statutes of 2001, shall be discontinued. (c) The Controller shall notify all school districts, charter schools, and county offices of education that it is no longer necessary to retain records supporting pupil attendance and excused absences used for purposes of calculating average daily attendance during the 1996–97 fiscal year. (Added by Stats. 2002, Ch. 1128, Sec. 13. Effective January 1, 2003.)
  154. 42242.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent of Public Instruction must determine the proposed receipts and expenditures for IDEA funds at each 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42242. The Superintendent of Public Instruction shall determine at the time of each apportionment the proposed receipts and expenditures of funds under the provisions of the Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.). In the event that the proposed distribution of funds results in funds not being expended, those funds are hereby reappropriated for reallocation for local entitlements for special education. This section shall become operative July 1, 1984. (Amended by Stats. 1993, Ch. 1296, Sec. 8.7. Effective October 11, 1993.)
  155. 42250.1.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The State Allocation Board allocates school-funding for air-conditioning and insulation costs, with priority and limits based on school type and conditions; districts may group schools in one application, and misused funds must be repaid with interest.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42250.1. (a) From funds appropriated by the Legislature for this purpose for any fiscal year, the State Allocation Board shall allocate to school districts selected by the board pursuant to this section, funding for the expenses of air-conditioning equipment and insulation materials, and for the costs of installing the equipment and materials, for schools operating in the current fiscal year or planning to operate in the second subsequent fiscal year on a year-round or continuous basis pursuant to Chapter 3 (commencing with Section 37400), Chapter 4 (commencing with Section 37500), or Chapter 5 (commencing with Section 37600) of Part 22. (b) The board shall allocate the funds appropriated under subdivision (a) only to those school districts in which a high percentage of the pupils, or a significant number of the pupils, are enrolled in the current fiscal year or will be enrolled in the second subsequent fiscal year in year round or continuous schools as described in subdivision (a). The board shall grant preference in the allocation of those funds to those year round or continuous schools that are both situated in climates that require air-conditioning and insulation during June, July, and August, and have a high percentage of overcrowding of pupils. In addition, all schools participating in the demonstration program provided pursuant to Chapter 2.5 (commencing with Section 37300) of Part 22 and satisfying the criteria set forth in this subdivision shall be eligible to receive, and given priority for, the maximum allocation of funds under this section. (c) Whenever a school district has received an allocation pursuant to this section for a school that was scheduled to begin operating year round in the second subsequent fiscal year but that did not begin operating year round in that fiscal year, the school district shall repay the amount allocated with interest to the State School Building Fund. (d) A school district may elect to apply for funding under this section on a basis that groups two or more qualifying schools in the district. A school district that elects to apply for funding pursuant to this subdivision shall identify the cost for each school in that application. The total of those costs shall be the maximum amount apportioned by the state for those schools contained in that single application and that amount shall be no more than the amount that would have been apportioned to each school if each school had submitted an application individually. (e) Funds allocated to any school district under this section may be expended only to pay the actual allowable expenses of air-conditioning equipment and insulation materials, and of the installation of air-conditioning equipment and insulation materials, at the project sites that generated the funding eligibility. (Amended by Stats. 1995, Ch. 553, Sec. 1. Effective October 4, 1995.)
  156. 42251.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    The Superintendent must do specified funding calculations for 2011–12, county auditor-controllers must distribute the resulting amounts to the county Supplemental Revenue Augmentation Fund, and county offices of education must later transfer those moneys to the Controller for stated reimbursement 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42251. (a) The Superintendent shall make the following calculations for the 2011–12 fiscal year: (1) Determine the amount of funds that will be restricted after the Superintendent makes the deduction pursuant to Section 52335.3 for each county office of education pursuant to subdivision (e) of Section 2558 as of June 30, 2012. (2) Divide fifty million dollars ($50,000,000) by the statewide sum of the amounts determined pursuant to paragraph (1). If the fraction is greater than one it shall be deemed to be one. (3) Multiply the fraction determined pursuant to paragraph (2) by the amount determined pursuant to paragraph (1) for each county office of education. (b) The auditor-controller of each county shall distribute the amounts determined in paragraph (3) of subdivision (a) to the Supplemental Revenue Augmentation Fund created within the county pursuant to Section 100.06 of the Revenue and Taxation Code. The aggregate amount of transfers required by this subdivision shall be made in two equal shares, with the first share being transferred no later than January 15, 2012, and the second share being transferred after that date but no later than May 1, 2012. (c) The moneys transferred to the Supplemental Revenue Augmentation Fund in the 2011–12 fiscal year shall be transferred by the county office of education to the Controller, in amounts and for those purposes as directed by the Director of Finance, exclusively to reimburse the state for the costs of providing trial court services and costs until those moneys are exhausted. (Amended by Stats. 2012, Ch. 162, Sec. 31. (SB 1171) Effective January 1, 2013.)
  157. 42252.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    This section appropriates multiple specific dollar amounts for school-related programs and directs the Controller to transfer certain appropriated amounts 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42252. (a) Pursuant to Sections 21 and Section 22 of Article XVI of the California Constitution, the following amounts are hereby appropriated from the Public School System Stabilization Account for the support of school districts: (1) For the 2023-24 fiscal year, five billion two hundred eighty-four million two hundred forty-eight thousand dollars ($5,284,248,000) to the Superintendent for allocation for the local control funding formula pursuant to Sections 42238.02 and 42238.03. (2) Thirty-three million eight hundred twenty-one thousand dollars ($33,821,000) for California Student Assessment System contract costs to be expended consistent with the requirements specified in Item 6100-113-0001 of Section 2.00 of the Budget Act of 2022 (Chs. 43, 45, and 249, Stats. 2022). (3) Twenty-one million two hundred thirty-four thousand dollars ($21,234,000) for the After School Education and Safety Program (Article 22.5 (commencing with Section 8482) of Chapter 2 of Part 6 of Division 1 of Title 1) to be expended consistent with the requirements specified in Item 6100-149-0001 of Section 2.00 of the Budget Act of 2022. (4) Forty-seven million nine hundred forty-one thousand dollars ($47,941,000) for Special Education Programs for Individuals with Exceptional Needs to be expended consistent with the requirements specified in Item 6100-161-0001 of Section 2.00 of the Budget Act of 2022. (5) Nine million seven hundred thousand dollars ($9,700,000) for the California Partnership Academies Program (Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4) to be expended consistent with the requirements specified in Item 6100-166-0001 of Section 2.00 of the Budget Act of 2022. (6) One million nine hundred three thousand dollars ($1,903,000) for the Agricultural Career Technical Education Incentive Grant Program (Article 7.5 (commencing with Section 52460) of Chapter 9 of Part 28 of Division 4) to be expended consistent with the requirements specified in Item 6100-167-0001 of Section 2.00 of the Budget Act of 2022. (7) Eleven million two hundred nineteen thousand dollars ($11,219,000) for the California Career Technical Education Incentive Grant Program (Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4) to be expended consistent with the requirements specified in Item 6100-168-0001 of Section 2.00 of the Budget Act of 2022. (8) Six million forty-six thousand dollars ($6,046,000) for the Career Technical Education Initiative to be expended consistent with the requirements specified in Item 6100-170-0001 of Section 2.00 of the Budget Act of 2022. (9) Six hundred thirty-four million one hundred nine thousand dollars ($634,109,000) for the California State Preschool Program to be expended consistent with the requirements specified in Item 6100-196-0001 of Section 2.00 of the Budget Act of 2022. (10) Two hundred three million six hundred twenty thousand dollars ($203,620,000) for Child Nutrition Programs to be expended consistent with the requirements specified in Item 6100-203-0001 of Section 2.00 of the Budget Act of 2022. (11) Ninety million dollars ($90,000,000) for the Classified School Employee Summer Assistance Program pursuant to Section 45500 to be expended consistent with the requirements specified in Item 6100-220-0001 of Section 2.00 of the Budget Act of 2022. (12) One hundred forty-nine million forty thousand dollars ($149,040,000) for the Arts, Music, and Instructional Materials Discretionary Block Grant to be expended consistent with the requirements specified in Section 134 of Chapter 52 of the Statutes of 2022. (13) One billion one hundred thirty-two million five hundred fifty-four thousand dollars ($1,132,554,000) for the California Community Schools Partnership Program to be expended consistent with the requirements specified in Section 8902, as amended by Section 9 of Chapter 52 of the Statutes of 2022. (b) (1) Notwithstanding any other law, the following amounts from the following Controller reference items, which would otherwise be in satisfaction of subdivision (b) of Section 8 of Article XVI of the California Constitution for the 2022–23 fiscal year, that were unallocated, unexpended, or not liquidated as of June 30, 2023, shall be deferred to the 2023–24 fiscal year: (1) 6100-113-0001 ........................ $33,821,000(2) 6100-149-0001 ........................ $21,234,000(3) 6100-161-0001 ........................ $47,941,000(4) 6100-166-0001 ........................ $9,700,000(5) 6100-167-0001 ........................ $1,903,000(6) 6100-168-0001 ........................ $11,219,000(7) 6100-170-0001 ........................ $6,046,000(8) 6100-196-0001 ........................ $634,109,000(9) 6100-203-0001 ........................ $203,620,000(10) 6100-220-0001 ........................ $90,000,000(11) Section 134 of Chapter 52 of the Statutes of 2022 ........................ $149,040,000(12) Section 9 of Chapter 52 of the Statutes of 2022 ........................ $1,132,554,000 (2) It is the intent of the Legislature that the amounts deferred pursuant to this subdivision be supported by appropriations reflected in paragraphs (2) to (13), inclusive, of subdivision (a). (c) The Controller shall transfer the amounts appropriated pursuant to paragraphs (1) and (4) of subdivision (a) to Section A of the State School Fund for those purposes. (Amended by Stats. 2024, Ch. 998, Sec. 11. (AB 176) Effective September 30, 2024.)
  158. 42252.1.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. )

    Verify source ↗

    For fiscal year 2025–26, $405,291,000 is appropriated for local control funding formula allocation, and the Controller must transfer the appropriated amounts to Section A of 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Apportionments and Revenue Control [42238 - 42252.1] ( Article 2 repealed and added by Stats. 1979, Ch. 282. ) ## 42252.1. (a) Pursuant to Sections 21 and 22 of Article XVI of the California Constitution, for the 2025–26 fiscal year, four hundred five million two hundred ninety-one thousand dollars ($405,291,000) is hereby appropriated from the Public School System Stabilization Account to the Superintendent for allocation for the local control funding formula pursuant to Sections 42238.02 and 42238.03. (b) The Controller shall transfer the amounts appropriated pursuant to subdivision (a) to Section A of the State School Fund for those purposes. (Added by Stats. 2025, Ch. 8, Sec. 31. (AB 121) Effective June 27, 2025.)
  159. 42280.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent must compute a funding amount for each qualifying school when the school district meets the listed 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42280. (a) For each school district that meets, in the current or prior fiscal year, the conditions specified in Section 42282 or 42284 the Superintendent shall compute, for each qualifying school in the school district, an amount pursuant to this article. (b) (1) The amount of funding for each qualified school district shall equal the sum of all necessary small school allowances calculated for eligible schools within the school district. Subject to paragraph (2), each necessary small school’s allowance shall be the greater of the following: (A) The necessary small elementary school allowance determined pursuant to Section 42282 for the prior fiscal year average daily attendance and the number of full-time teachers, or the necessary small high school allowance determined pursuant to Section 42284 for the prior fiscal year average daily attendance and the number of certificated employees. (B) The necessary small elementary school allowance determined pursuant to Section 42282 for the current fiscal year average daily attendance and the number of full-time teachers, or the necessary small high school allowance determined pursuant to Section 42284 for the current fiscal year average daily attendance and the number of certificated employees. (C) The necessary small elementary school allowance determined pursuant to Section 42282 for the average of the three most recent prior fiscal years’ average daily attendance and the number of full-time teachers, or the necessary small high school allowance determined pursuant to Section 42284 for the average of the three most recent prior fiscal years’ average daily attendance and the number of certificated employees. (2) (A) If the greatest necessary small school allowance calculated pursuant to paragraph (1) is equal to the amounts computed pursuant to subparagraph (B) of paragraph (1) and either subparagraph (A) or (C) of paragraph (1), the necessary small school allowance shall be calculated based on the amount computed pursuant to subparagraph (B) of paragraph (1). (B) If the greatest necessary small school allowance calculated pursuant to paragraph (1) is equal to the amounts computed pursuant to subparagraphs (A) and (C) of paragraph (1), the necessary small school allowance shall be calculated based on the amount computed pursuant to subparagraph (A) of paragraph (1). (c) For purposes of this section, if the average number of full-time teachers or certificated employees is not a whole number, the resulting figure shall be rounded up to the next whole number. (Amended by Stats. 2024, Ch. 38, Sec. 23. (SB 153) Effective June 29, 2024.)
  160. 42282.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent must calculate specified funding amounts for each necessary small school that meets the attendance and teacher-count 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42282. Commencing with the 2022–23 fiscal year, for each school district, on account of each necessary small school, as defined in Section 42283, the Superintendent shall make the following computations: (a) For each necessary small school that has an average daily attendance during the fiscal year of less than 25, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least one teacher was hired full time, the Superintendent shall compute for the school district two hundred thirty-two thousand seven hundred dollars ($232,700). (b) For each necessary small school that has an average daily attendance during the fiscal year of 25 or more and less than 49, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school at least two teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district four hundred sixty thousand five hundred dollars ($460,500). (c) For each necessary small school that has an average daily attendance during the fiscal year of 49 or more, but less than 73, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school three teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district six hundred eighty-eight thousand five hundred dollars ($688,500). (d) For each necessary small school that has an average daily attendance during the fiscal year of 73 or more and less than 97, excluding pupils attending the 7th and 8th grades of a junior high school, and for which school four teachers were hired full time for more than one-half of the days schools were maintained, the Superintendent shall compute for the school district nine hundred sixteen thousand three hundred dollars ($916,300). (Amended by Stats. 2022, Ch. 571, Sec. 21. (AB 185) Effective September 27, 2022.)
  161. 42283.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    This section defines when an elementary school counts as a “necessary small school” and lets a school district’s governing board ask the Superintendent for an exemption or mileage reduction if travel conditions create hardship.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42283. (a) For purposes of Section 42282, a “necessary small school” is an elementary school with an average daily attendance of less than 97 pupils, excluding pupils attending the 7th and 8th grades of a junior high school, maintained by a school district to which any of the following conditions apply: (1) If as many as five pupils residing in a school district with fewer than 2,501 units of second principal apportionment average daily attendance and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than 10 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (2) If as many as 15 pupils residing in a school district with fewer than 2,501 units of second principal apportionment average daily attendance and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than five miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (3) If as many as 15 pupils residing in a school district with more than 2,500 and fewer than 5,001 units of second principal apportionment average daily attendance and attending kindergarten and grades 1 to 8, inclusive, excluding pupils attending the 7th and 8th grades of a junior high school, in the elementary school with an average daily attendance of less than 97 pupils would be required to travel more than 30 miles one way from a point on a well-traveled road nearest their home to the nearest other public elementary school. (b) If topographical or other conditions exist in a school district that would impose unusual hardships if the number of miles specified in paragraph (1) or (2) of subdivision (a) were required to be traveled, or if during the fiscal year the roads that would be traveled have been impassable for more than an average of two weeks per year for the preceding five years, the governing board of the school district may, on or before April 1, request the Superintendent, in writing, for an exemption from these requirements or for a reduction in the miles required. The request shall be accompanied by a statement of the conditions upon which the request is based, giving the information in a form required by the Superintendent. The Superintendent shall cause an investigation to be made, and shall either grant the request to the extent he or she deems necessary, or deny the request. (c) For purposes of this section, “other public elementary school” is a public school, including a charter school, that serves kindergarten or any of grades 1 to 8, inclusive, excluding grades 7 and 8 of a junior high school. (Amended by Stats. 2018, Ch. 664, Sec. 2. (SB 1321) Effective January 1, 2019.)
  162. 42284.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    For school districts under 2,501 average daily attendance, the Superintendent must calculate funding for each necessary small high school using the lower of the certificated-employee count or average daily attendance method.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42284. (a) Commencing with the 2022–23 fiscal year, for each school district with fewer than 2,501 units of average daily attendance, on account of each necessary small high school, the Superintendent shall make one of the following computations selected with regard only to the number of certificated employees employed or average daily attendance, whichever provides the lesser amount: Average daily attendance Minimum number of certificated employees Amount to be computed per teacher 1–19 ........................ 1 $196,100 1–19 ........................ 2 $279,590 1–19 ........................ 3 $621,060 20–38 ........................ 4 $760,855 39–57 ........................ 5 $900,650 58–71 ........................ 6 $1,040,445 72–86 ........................ 7 $1,180,240 87–100 ........................ 8 $1,320,035101–114 ........................ 9 $1,459,830115–129 ........................ 10 $1,599,625130–143 ........................ 11 $1,739,420144–171 ........................ 12 $1,879,215172–210 ........................ 13 $2,250,095211–248 ........................ 14 $2,656,345249–286 ........................ 15 $3,062,600(b) For purposes of this section, a “certificated employee” means an equivalent full-time position of an individual holding a credential authorizing service and providing service in any of grades 9 to 12, inclusive, in any secondary school. Any fraction of an equivalent full-time position remaining after all equivalent full-time positions for certificated employees within the school district have been calculated shall be deemed to be a full-time position. (Amended by Stats. 2022, Ch. 571, Sec. 22. (AB 185) Effective September 27, 2022.)
  163. 42285.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    A high school can qualify as a “necessary small high school” only if it has fewer than 287 students and meets one of the listed attendance-and-distance conditions, or if the Superintendent grants a distance exception in unusual hardship 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42285. (a) For purposes of Section 42284, a necessary small high school is a high school with an average daily attendance of less than 287 pupils that meets any of the following conditions: (1) The high school had an average daily attendance of less than 96 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 15 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 20 miles or 25 percent of the pupils would be required to travel 30 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (2) The high school had an average daily attendance of 96 pupils or more and less than 144 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 10 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 18 miles or 25 percent of the pupils would be required to travel 25 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (3) The high school had an average daily attendance of 144 pupils or more and less than 192 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 71/2 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 15 miles or 25 percent of the pupils would be required to travel 20 miles one way from a point on a well-traveled road nearest their homes to the nearest other public high school. (4) The high school had an average daily attendance of 192 pupils or more and less than 287 pupils in grades 9 to 12, inclusive, during the preceding fiscal year and is more than 5 miles by well-traveled road from the nearest other public high school and either 90 percent of the pupils would be required to travel 10 miles or 25 percent of the pupils would be required to travel 15 miles to the nearest other public high school. (5) Topographical or other conditions exist in the school district that would impose unusual hardships on the pupils if the number of miles specified in paragraph (1), (2), (3), or (4) were required to be traveled. In these cases, the Superintendent may, when requested, and after investigation, grant exceptions from the distance requirements. (b) For purposes of Section 42284, a necessary small high school also includes either of the following: (1) A high school maintained by a school district for the exclusive purpose of educating juvenile hall pupils or pupils with exceptional needs. (2) A high school maintained by a unified school district as the only comprehensive high school if the high school has an average daily attendance of less than 287 pupils and the school district has 50 or fewer pupils per square mile of school district territory, as measured by the number of pupils residing in the school district. (c) For purposes of Section 42284, a necessary small high school does not include a continuation school. (d) For purposes of this section, “other public high school” is a public school, including a charter school, that serves any of grades 9 to 12, inclusive. (Amended by Stats. 2018, Ch. 32, Sec. 38. (AB 1808) Effective June 27, 2018.)
  164. 42285.3.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    Certain unified school districts may qualify for specific small-school apportionments if they meet funding and enrollment conditions, unless the district receives too much Forest Reserve funding in a school 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42285.3. Notwithstanding subdivision (b) of Section 42280 or any other provision of law, a unified school district that is the only school district in a county, that has received more than two million seven hundred thousand dollars ($2,700,000) in federal Forest Reserve funds in the 1992–93 school year and less than one million three hundred thousand dollars ($1,300,000) in federal Forest Reserve funds in the 1996–97 school year, and that has fewer than 4,501 units of average daily attendance in the 1997–98 school year or in subsequent school years shall be eligible to receive apportionments pursuant to the schedules for a “necessary small school” and a “necessary small high school,” as set forth in this article, for up to the total number of schools in the district that would have met the criteria for classification as a necessary small school or a necessary small high school in the 1996–97 fiscal year, if the district had fewer than 2,501 units of average daily attendance in the 1996–97 fiscal year, except that this section does not apply in a school year in which an otherwise eligible school district receives more than two million dollars ($2,000,000) in federal Forest Reserve funds. (Amended by Stats. 2004, Ch. 105, Sec. 1. Effective July 6, 2004.)
  165. 42287.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent must increase specified school funding amounts for set fiscal years, using different formula-based adjustments depending on the 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42287. (a) For the 1984–85 fiscal year to the 2012–13 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284 by an amount proportionate to the increase applied to the statewide average revenue limit for unified school districts for the then current fiscal year. (b) For the 2013–14 fiscal year to the 2021–22 fiscal year, inclusive, the Superintendent shall increase the funding amounts specified in Sections 42282 and 42284, as previously increased pursuant to subdivision (a) and Sections 42289 to 42289.5, inclusive, by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the then current fiscal year. (c) Commencing with the 2022–23 fiscal year, the Superintendent shall increase the funding amounts specified in Sections 42282, 42284, and 42289 by the percentage calculated pursuant to paragraph (2) of subdivision (d) of Section 42238.02 for the then current fiscal year. (Amended by Stats. 2022, Ch. 52, Sec. 48. (AB 181) Effective June 30, 2022.)
  166. 42289.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent must increase certain school funding amounts before calculating the Section 42287 increase, for each fiscal year through 2012–13.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289. Notwithstanding any other law, for each fiscal year through the 2012–13 fiscal year, before calculating the increase in funding amount specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the product of subdivisions (a) and (b): (a) The amount per unit of average daily attendance received by the school district pursuant to Section 46201 in the prior fiscal year. (b) The average daily attendance for each necessary small school and necessary small high school for which the school district received funding in the prior fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (Amended by Stats. 2013, Ch. 47, Sec. 56. (AB 97) Effective July 1, 2013.)
  167. 42289.1.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent must increase specified school funding amounts for the listed fiscal years, using the formula set out here.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289.1. (a) Notwithstanding any other law, for the 1988–89 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (g) of Section 42240. (B) The average daily attendance for each necessary small school and necessary small high school for which the district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 57. (AB 97) Effective July 1, 2013.)
  168. 42289.2.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent must increase certain school funding amounts for specified fiscal years, using a formula based on average daily attendance and cost-of-living adjustments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289.2. (a) Notwithstanding any other law, for the 1989–90 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.5. (B) The average daily attendance for each necessary small school and necessary small high school for which the school district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 58. (AB 97) Effective July 1, 2013.)
  169. 42289.3.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    For specified fiscal years, the Superintendent must increase certain school funding amounts by a formula tied to attendance and a cost-of-living adjustment.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289.3. (a) Notwithstanding any other law, for the 1989–90 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (e) of Section 54060.6. (B) The average daily attendance for each necessary small school and necessary small high school for which the school district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 59. (AB 97) Effective July 1, 2013.)
  170. 42289.4.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Superintendent of Public Instruction must increase specified school funding amounts for certain fiscal years using a formula based on attendance and cost-of-living adjustments.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289.4. (a) Notwithstanding any other law, for the 1989–90 fiscal year to the 2012–13 fiscal year, inclusive, after calculating the increase in funding amounts specified in Section 42287, the Superintendent of Public Instruction shall increase the funding amounts specified in Sections 42281, 42282, and 42284, by the sum of paragraphs (1) and (2): (1) Compute the product of subparagraphs (A) and (B): (A) The amount per unit of average daily attendance computed pursuant to subdivision (b) of Section 54060.7. (B) The average daily attendance for each necessary small school and necessary small high school for which the school district receives funding in the current fiscal year pursuant to Section 42281, 42282, or 42284, as appropriate. (2) From the 1990–91 fiscal year to the 2012–13 fiscal year, inclusive, the amount computed pursuant to paragraph (1) shall be increased by the percentage cost-of-living increase given to school district revenue limits for the then current fiscal year. (Amended by Stats. 2013, Ch. 47, Sec. 60. (AB 97) Effective July 1, 2013.)
  171. 42289.5.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    For the 1998–99 fiscal year, the increases for eligible school districts are permanently increased by a specified quotient formula.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289.5. Notwithstanding any other law, the increases determined pursuant to Sections 42289, 42289.1, 42289.3, and 42289.4 shall be permanently increased for the 1998–99 fiscal year by the quotient, for each school district eligible for an increase, of the amount determined pursuant to subparagraph (B) of paragraph (3) of subdivision (a) of Section 42238.8, as that section read on January 1, 2013, divided by the amount determined pursuant to subparagraph (C) of paragraph (3) of subdivision (a) of Section 42238.8, as that section read on January 1, 2013. (Amended by Stats. 2013, Ch. 47, Sec. 61. (AB 97) Effective July 1, 2013.)
  172. 42289.6.

    ## 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. )

    Verify source ↗

    The Legislature states its intent that the Quality Education Commission review eligibility rules for necessary small schools and recommend changes to the Legislature.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 7. Local Taxation by School Districts [42238 - 42289.6] ( Chapter 7 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. Funding for Small School Districts [42280 - 42289.6] ( Article 4 repealed and added by Stats. 1983, Ch. 498, Sec. 21.5. ) ## 42289.6. (a) It is the intent of the Legislature that the Quality Education Commission review the eligibility provisions for the establishment of necessary small schools as specified in Sections 42280, 42282, 42283, 42284, and 42285, including the following: (1) The appropriate size for a necessary small elementary school, a necessary small middle school, and a necessary small high school. (2) Whether mileage and other eligibility requirements are appropriate or need to be modified. (b) It is further the intent of the Legislature that by January 1, 2006, the Quality Education Commission recommend to the Legislature modifications regarding the size, eligibility requirements, and funding of necessary small schools. (Added by Stats. 2004, Ch. 871, Sec. 13. Effective January 1, 2005.)
  173. 42400.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. )

    Verify source ↗

    Revenues from the specified transactions and use tax must be allocated directly to each school district in the county and to the county office of education, using an equal amount for each unit of average daily attendance.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. ) ## 42400. (a) Revenues derived from a transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code shall be allocated directly to each school district within the county and to the county office of education on the basis of an equal amount for each unit of average daily attendance within the county. (b) The average daily attendance used for purposes of the allocations pursuant to subdivision (a) shall be the same average daily attendance used for purposes of allocations pursuant to Section 8880.5 of the Government Code. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.)
  174. 42401.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. )

    Verify source ↗

    Certain transactions-and-use-tax revenues are not treated as allocated local tax proceeds, and they must supplement—rather than offset—specified education funding allocations.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. ) ## 42401. (a) Revenues from any transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code shall not be considered “allocated local proceeds of taxes” pursuant to Section 41202 of the Education Code or paragraph (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution. (b) Revenues derived from any transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code shall supplement, and shall not be offset against, the allocations made pursuant to Section 2558 or 42238 of the Education Code. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.)
  175. 42402.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. )

    Verify source ↗

    When a county ordinance is proposed to voters under the cited Revenue and Taxation Code section, each school district and the county office of education must concurrently, as needed, propose an increase in its appropriations 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. ) ## 42402. In the event an ordinance is proposed to the voters in a county pursuant to Section 7288.3 of the Revenue and Taxation Code, each school district and the county office of education shall concurrently, as necessary, propose an increase in its appropriations limit pursuant to Section 4 of Article XIII B of the California Constitution in an amount equal to or greater than the revenues derived from any transactions and use tax imposed pursuant to Chapter 3.5 (commencing with Section 7288.1) of Part 1.7 of Division 2 of the Revenue and Taxation Code. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.)
  176. 42403.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. )

    Verify source ↗

    For this chapter, “school district” includes a 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 8. Supplemental School Revenues [42400 - 42403] ( Chapter 8 added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. ) ## 42403. For purposes of this chapter, a “school district” includes a community college district. (Added by Stats. 1991, 1st Ex. Sess., Ch. 14, Sec. 1. Effective March 7, 1993. Note: Condition in Sec. 4 of Ch. 14 was satisfied by enactment of AB 1930 as Ch. 1024, Stats. 1991, but operative date is not earlier than effective date.)
  177. 42600.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district budget amounts set the maximum that may be spent for each expenditure classification, and certain fund transfers may be made by board resolution with required filing or 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42600. The total amount budgeted as the proposed expenditure of the school district for each major classification of school district expenditures listed in the school district budget forms prescribed by the Superintendent of Public Instruction shall be the maximum amount which may be expended for that classification of expenditures for the school year. Transfers may be made from the designated fund balance or the unappropriated fund balance to any expenditure classification or between expenditure classifications at any time by written resolution of the board of education of any school district governed by a board of education, when filed with the county superintendent of schools and the county auditor, or by written resolution of the board of trustees of any school district not governed by a board of education, when approved by the county superintendent of schools and filed with the county auditor. A resolution providing for the transfers specified in this section shall be approved by a majority vote of the members of the governing board. Nothing in this section shall be construed as affecting Sections 42204 and 85112. (Amended by Stats. 1987, Ch. 917, Sec. 21.)
  178. 42601.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district may ask for fund transfers at the end of a school year with governing board approval, and the county superintendent may make certain transfers for specified districts and must notify the 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42601. At the close of any school year a school district may, with the approval of the governing board, identify and request the county superintendent of schools to make the transfers between the designated fund balance or the unappropriated fund balance and any expenditure classification or classifications, or balance any expenditure classifications of the budget of the district for that school year as necessary to permit the payment of obligations of the district incurred during that school year. For each elementary, high school, and unified school district that, during the preceding school year, had an average daily attendance less than the level, as appropriate, specified in subdivision (a) of Section 41301, the county superintendent of schools, with the consent of the governing board of the school district, may identify and make the transfers, and shall so notify the districts. (Amended by Stats. 1988, Ch. 1462, Sec. 2.)
  179. 42602.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may budget and use unbudgeted income from any source during the fiscal year if it votes by majority and gets 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42602. Notwithstanding the provisions of Sections 42600 and 42610 or any provision of this code to the contrary, the governing board of any school district may, by a majority vote of its membership, and with the approval of the county superintendent of schools, budget and use any unbudgeted income provided during the fiscal year from any source. (Amended by Stats. 1987, Ch. 917, Sec. 23.)
  180. 42603.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district governing board may temporarily transfer money between district funds or accounts to pay obligations, but the transfer must be tracked as temporary borrowing and is subject to repayment and size 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 1. Control of Expenditures [42600 - 42603] ( Article 1 enacted by Stats. 1976, Ch. 1010. ) ## 42603. The governing board of any school district may direct that moneys held in any fund or account may be temporarily transferred to another fund or account of the district for payment of obligations. The transfer shall be accounted for as temporary borrowing between funds or accounts and shall not be available for appropriation or be considered income to the borrowing fund or account. Amounts transferred shall be repaid either in the same fiscal year, or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year. Borrowing shall occur only when the fund or account receiving the money will earn sufficient income, during the current fiscal year, to repay the amount transferred. No more than 75 percent of the maximum of moneys held in any fund or account during a current fiscal year may be transferred. (Amended by Stats. 1987, Ch. 586, Sec. 5.)
  181. 42610.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appropriation of Income Budget Excess [42610- 42610.] ( Article 2 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district reserve funds above budgeted amounts cannot be appropriated for the current fiscal year unless the stated procedure is 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 2. Appropriation of Income Budget Excess [42610- 42610.] ( Article 2 enacted by Stats. 1976, Ch. 1010. ) ## 42610. Any amounts added to the general reserve of the school district in excess of the amount already budgeted shall not be available for appropriation by the school district for the current fiscal year except by the following procedure. The governing board of the school district shall, by formal action of the board, pass a resolution setting forth the need according to major classification of school district expenditures to be met from any portion of the general reserve derived from assured income in excess of the total amount anticipated in the budget. The resolution shall be submitted to the county superintendent of schools. The county superintendent of schools shall approve any resolution for the appropriation of income to the extent that the income was not anticipated in the budget of the school district. On the first day of July of each year, the general reserve together with unexpended balances of appropriations and income in excess of anticipated income for the preceding fiscal year shall be placed to the credit of the school district, and the school district shall include all money so credited in the balance shown in the budget for the ensuing fiscal year. (Amended by Stats. 1987, Ch. 917, Sec. 24.)
  182. 42620.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    County officials must make and later reverse a temporary transfer of funds to a school district or county school service fund when it lacks enough money for current maintenance expenses, subject to an 85% cap.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42620. Whenever prior to the receipt by any school district or county school service fund of its state, county, city and county, or district funds, any school district or county school service fund of a county or city and county does not have sufficient money to its credit to meet current expenses of maintenance, the board of supervisors of the county or city and county shall order, and the auditor and treasurer of the county or city and county shall make a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the school fund of the district or county school service fund of the amount needed, not exceeding 85 percent of the amount of money which will accrue to the school district or county school service fund during the fiscal year. Upon the making of the transfer the auditor shall immediately notify the superintendent of schools of the county or city and county of the amount transferred. Each transfer of funds requested under this section shall be granted in order of receipt by the board of supervisors, regardless of whether sufficient county funds are available for transfer to meet pending or anticipated requests of school districts. The funds transferred under this section to the credit of a school district or county school service fund shall be retransferred by the auditor and treasurer to the fund from which they were taken from the first moneys accruing to the school district or county school service fund and before any other obligation of the school district or county school service fund is paid from the money accruing. (Enacted by Stats. 1976, Ch. 1010.)
  183. 42620.1.

    ## 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A county or city and county may temporarily transfer funds to a charter school when the school lacks enough money for current maintenance expenses, but only up to 85% of expected yearly accruals and only after other school transfer requests are satisfied.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42620.1. (a) Whenever a charter school of a county or city and county does not have sufficient money to its credit, before the charter school receives its state, county, city and county, or district funds, to meet current expenses of maintenance, the board of supervisors of the county or city and county may order, and the auditor and treasurer of the county or city and county shall make, a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the charter school of the amount needed, not exceeding 85 percent of the amount of money that will accrue to the charter school during the fiscal year. Upon the making of a transfer, the auditor shall immediately notify the superintendent of schools of the county or city and county of the amount transferred. The board of supervisors may order temporary transfers of funds to charter schools only after ensuring that all transfer requests for school districts and county offices of education have been satisfied pursuant to Section 42620. (b) The funds transferred under this section to the credit of a charter school shall be retransferred by the auditor and treasurer to the fund from which they were taken from the first moneys accruing to the charter school and before any other obligation of the charter school is paid from the money accruing. (Added by Stats. 2012, Ch. 38, Sec. 50. (SB 1016) Effective June 27, 2012.)
  184. 42621.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may make temporary transfers to a school district or charter school with approval from the county board of education, subject to a cap and repayment deadline.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42621. The county superintendent of schools of each county, with the approval of the county board of education, may make temporary transfers to a school district or charter school that does not have sufficient money to its credit to meet current operating expenses from the county school service fund, in amounts and at times that the county superintendent of schools deems necessary. These transfers shall not exceed 85 percent of the amount of money accruing to the school district or charter school at the time of transfer. The amounts so transferred shall be repaid to the county school service fund before June 30 of the current year from any funds subsequently received by the school district or charter school. (Amended by Stats. 2012, Ch. 38, Sec. 51. (SB 1016) Effective June 27, 2012.)
  185. 42622.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may make a conditional apportionment to a school district or charter school with county board approval, and the amount must be transferred back in 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42622. The county superintendent of schools, with the approval of the county board of education, may make an apportionment to a school district or charter school from the county school service fund conditional upon the repayment to the fund during the next succeeding fiscal year of the amount apportioned to the school district or charter school and, during the next succeeding fiscal year, shall transfer the amount of the apportionment from the general fund of the school district or charter school to the county school service fund. (Amended by Stats. 2012, Ch. 38, Sec. 52. (SB 1016) Effective June 27, 2012.)
  186. 42623.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    County officials must temporarily transfer county funds to a newly organized school district on request and order, then notify the county superintendent and later retransfer the money.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure [42620 - 42623] ( Article 3 enacted by Stats. 1976, Ch. 1010. ) ## 42623. (a) Upon the request of the county board of education on behalf of a newly organized school district, and upon the order of the county board of supervisors of the county or city and county, the auditor and treasurer of the county or city and county shall make a temporary transfer from any funds of the county or city and county not immediately needed to pay claims against them to the general fund of the newly organized school district for the purpose of meeting the current expense of the school district until the school district receives its first state apportionments or school district tax funds. Upon the making of the transfer, the auditor shall immediately notify the superintendent of schools of the county or the city and county of the amount transferred. (b) The funds transferred under this section to the general fund of a newly organized school district shall be retransferred by the auditor and the treasurer to the fund from which they were taken from the first moneys accruing to the school district after it becomes effective for all purposes pursuant to Section 35534 and before any other obligation of the school district is paid from the money accruing. (Amended by Stats. 2015, Ch. 386, Sec. 17. (SB 436) Effective January 1, 2016.)
  187. 42630.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district money may be paid for district expenses only as allowed in this article, unless another part of the code says otherwise.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42630. Except as otherwise provided in this code, money shall be paid from the funds of any school district for the payment of the expenses of the district, only as provided in this article. (Enacted by Stats. 1976, Ch. 1010.)
  188. 42631.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district payments must be made by written order of the governing board, and orders must use county-superintendent-prescribed forms unless the warrants are processed by an on-line data processing system.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42631. All payments from the funds of a school district shall be made by written order of the governing board of the district. Orders shall be on forms prescribed by the county superintendent of schools unless the warrants are processed by an on-line data processing system. Forms may be printed and furnished by the board of supervisors or the county superintendent of schools. (Amended by Stats. 1987, Ch. 1452, Sec. 352.)
  189. 42632.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School-district orders must be signed by a board majority or by board-authorized signers, and only district officers or employees may be authorized to sign.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42632. Each order drawn on the funds of a school district shall be signed by at least a majority of the members of the governing board of the district, or by a person or persons authorized by the governing board to sign orders in its name. No person other than an officer or employee of the district shall be authorized to sign orders. (Enacted by Stats. 1976, Ch. 1010.)
  190. 42633.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district’s governing board must file verified signatures of authorized signers with the county superintendent, and the superintendent may not approve district fund orders unless those signatures are on file and verified.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42633. The governing board of each school district shall be responsible for filing or causing to be filed with the county superintendent of schools the verified signature of each person, including members of the governing board, authorized to sign orders in its name. Except for districts determined to be fiscally accountable pursuant to Section 42650, no order on the funds of any school district shall be approved by the county superintendent of schools unless the signatures are on file in his office and he is satisfied that the signatures on the order are those of persons authorized to sign the order. (Amended by Stats. 1977, Ch. 36.)
  191. 42634.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district orders must be numbered and state required payment details; non-salary orders need an itemized bill unless the superintendent finds that impractical.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42634. Each order drawn against the funds of a school district shall be numbered and shall state: (a) the particular fund or funds of the district against which it is drawn, (b) the amount of the payment to be made from each fund, and (c) the rate of salary and the period of service of any employee of the district for whom an order is issued for payment of salary or wages. If drawn for any purpose other than the payment of salaries or wages of school district employees, the order shall be accompanied by an itemized bill showing the separate items and the price of each. Notwithstanding that requirement, if the county superintendent of schools determines that including an itemized bill with the order is impractical under the system of payment utilized, the itemized bill showing the separate items and the price of each shall instead be retained by the school district and shall be available for audit as directed by the county auditor. (Amended by Stats. 1988, Ch. 1461, Sec. 18.)
  192. 42635.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    School district orders must be sent to the county superintendent of schools, and if approved and signed, they become requisitions on the county auditor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42635. Each order drawn against the funds of a school district shall be transmitted to the county superintendent of schools, and, if approved and signed by him shall become a requisition on the county auditor. The county superintendent may prescribe alternative procedures for districts determined to be fiscally accountable pursuant to Section 42650. (Amended by Stats. 1977, Ch. 36.)
  193. 42636.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may review school district orders and, if they are properly drawn and funded, must approve and forward them to the county auditor.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42636. (a) The county superintendent of schools may examine each order on school district funds transmitted to him or her, in the order in which it is received in his or her office. If it appears that the order is properly drawn for the payment of legally authorized expenses against the proper funds of the district, and that there are sufficient moneys in the fund or funds against which the order is drawn to pay it, the county superintendent shall endorse upon it “examined and approved,” and shall, in attestation thereof, affix his or her signature and number and date the requisition and transmit it directly to the county auditor, in the order in which the order is received in his or her office. The county superintendent may prescribe alternative methods for districts determined to be fiscally accountable pursuant to Section 42650. (b) Notwithstanding subdivision (a), the county superintendent may allow electronic transfers, upon approval of the county auditor. (Amended by Stats. 1987, Ch. 1452, Sec. 353.)
  194. 42637.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a county superintendent finds a school district budget does not meet fiscal stability standards, the superintendent must notify the Superintendent of Public Instruction and the district, may review the district’s finances, and must report findings and recommendations. The district’s governing board must respond in writing within 15 days after receiving the report.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42637. If at any time during a fiscal year the county superintendent of schools concludes that the budget of any school district within his or her jurisdiction does not comply with the standards and criteria for fiscal stability developed pursuant to Section 33127 for that fiscal year, he or she shall notify the Superintendent of Public Instruction and the district in writing of that conclusion and may conduct a comprehensive review of the financial and budgetary conditions of the district. The superintendent shall report his or her findings and recommendations to the governing board of the district and the Superintendent of Public Instruction and may include recommendations of methods by which the budgeted expenditures for the balance of the fiscal year may be brought into balance with the revenue of the district. That report shall be made to the governing board at a public meeting of the governing board. The governing board shall, no later than 15 days after receipt of the report, notify the county superintendent of schools and the Superintendent of Public Instruction of its proposed actions on their recommendations. (Amended by Stats. 1988, Ch. 1462, Sec. 3.)
  195. 42638.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    If a county superintendent disapproves an order, the order must be returned to the school district board with the reasons for disapproval, unless another code rule for warrant registration applies. If there is evidence of fraud or misappropriation of funds, the superintendent must notify specified 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42638. (a) If the order is disapproved by the county superintendent of schools, it shall be returned to the governing board of the school district, except as otherwise provided in this code for the registration of warrants, with a statement of his or her reasons for disapproving the order. (b) If the county superintendent determines that there is evidence that fraud or misappropriation of funds has occurred, the county superintendent shall notify the governing board of the school district, the State Controller, the Superintendent of Public Instruction, and the local district attorney. (Amended by Stats. 2001, Ch. 620, Sec. 4. Effective January 1, 2002.)
  196. 42639.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county auditor may examine school-district fund orders and requisitions, and if allowed must endorse, date, number, sign, file, and return them through 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42639. (a) The county auditor may examine each order and requisition on school district funds transmitted to the auditor by the county superintendent of schools. If the auditor allows the order and requisition, the auditor shall endorse thereon “examined and allowed,” and shall date, number, and sign it, whereupon it shall become a warrant on the county treasurer. The auditor shall detach any bill attached to the requisition, and shall number the bill, giving it the same number that the auditor gives the warrant, and file it in the auditor’s office. The auditor shall thereupon return the order, requisition, and warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to the payee’s order. (b) A requisition of the county superintendent of schools, whether based upon written order of the governing board of a school district or authorized by law, shall constitute full authority for the signature for allowance of the requisition by the county auditor as a warrant on the county treasurer, and no other authority shall be necessary or required for such action by the county auditor. (c) “Requisition,” as used in this section, includes any order or demand signed by the county superintendent of schools directing the county auditor to draw the auditor’s warrant on the county treasurer. (Amended by Stats. 2021, Ch. 666, Sec. 34. (AB 486) Effective January 1, 2022.)
  197. 42639.1.

    ## 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county auditor may authorize destruction of certain school district bills or supporting documents if specified reproduction and preservation 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 24. SCHOOL FINANCE [41000 - 43052] ( Part 24 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42639.1. The county auditor may authorize the destruction of any bill or supporting document received from a school district for purposes of Section 42639 if all of the following conditions are met: (a) The record, paper, or document is photographed, microphotographed, or reproduced on film of a type approved for permanent photographic records by the National Institute of Standards and Technology. (b) The device used to reproduce such record, paper, or document on film is one which accurately reproduces the original thereof in all details. (c) The photographs, microphotographs, or other reproductions on film are placed in conveniently accessible files and provision is made for preserving, examining, and using the same. (Amended by Stats. 2017, Ch. 573, Sec. 73. (SB 800) Effective January 1, 2018.)
  198. 42640.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county auditor may, with school board approval, prepare and send a separate warrant instead of drawing the warrant under Section 42639.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42640. In lieu of drawing his warrant as provided in Section 42639, the county auditor may, with the approval of the governing board of the school district, endorse, date, and number the order and requisition and may prepare a separate warrant on the county treasurer for the same amount as the order and requisition. The warrant shall show that it had been drawn on the order of a school district naming the school district and shall show, the payee, date of issue, as well as other information deemed appropriate by the auditor. The auditor shall draw such separate warrant by signing it and no other signature shall be required. Thereupon the auditor shall transmit the separate warrant to the county superintendent of schools who shall transmit it to the governing board of the school district for issuance to the payee or to his order, or with the approval of the governing board of the school district, shall transmit it to the payee. The order and requisition may direct the transfer of the amount of the separate warrant from the funds of the district to a clearing fund in the county treasury (to be known as the schools commercial revolving fund), to the end that separate warrants for all districts may be drawn against a single revolving fund. (Enacted by Stats. 1976, Ch. 1010.)
  199. 42641.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A school district board may issue payroll orders for employee salaries or wages if the county auditor and county treasurer approve, instead of issuing separate orders for each employee.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42641. The governing board of any school district may, with the approval of the county auditor and county treasurer, in lieu of issuing single orders for the payment of the salary or wages of each employee, issue payroll orders, on forms prescribed by the county superintendent of schools and approved by the Superintendent of Public Instruction, for the payment of the salaries or wages of two or more employees. Payroll orders may be drawn only for the payment of salaries and wages of employees, and shall constitute requisitions on the county auditor and warrants on the county treasurer when approved and signed by the county superintendent of schools and allowed and signed by the county auditor, respectively. (Enacted by Stats. 1976, Ch. 1010.)
  200. 42642.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Payroll orders under this article must be handled like single orders and must list all employees covered and the amount due to each.

    ## Education Code - EDC ## TITLE 2. ELEMENTARY AND SECONDARY EDUCATION [33000 - 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 9. School District Funds—Expenditures and Appropriations [42600 - 42694] ( Chapter 9 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 4. General Provisions—Orders, Requisitions and Warrants [42630 - 42652] ( Article 4 enacted by Stats. 1976, Ch. 1010. ) ## 42642. Each payroll order drawn pursuant to this article shall be drawn, approved, and issued in the same manner and shall contain the same minimum content as prescribed for single orders. Each payroll order shall list the names of all employees in whose favor the order is drawn and shall state the amount of money due each. (Enacted by Stats. 1976, Ch. 1010.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.