PART 24. SCHOOL FINANCE [41000. - 43052.]
Part 24 enacted by Stats. 1976, Ch. 1010.
§§ 41000–43052 · 443 sections
CHAPTER 1. State Financial Management and Control §§ 41000–41060 · 41 sections
ARTICLE 1. Moneys Received by School Districts §§ 41000–41003 · 5 sections
- § 41000 No assessor, tax collector, city, city and county, or county treasurer shall charge or receive any fees or compensation for assessing, collecting, receiving,…
- § 41001 The governing board of every school district shall pay all moneys received or collected by it from any source and all moneys apportioned to it from taxes…
- § 41002 All moneys received by any school district or paid into the county or city and county treasury to the credit of the district from state apportionments, county,…
- § 41002.5 Notwithstanding Sections 41001 and 41002, money received from the sources, or for the purposes listed in subdivisions (a) to (h), inclusive, may be deposited…
- § 41003 The governing board of a school district may, by resolution, specify the particular fund or funds maintained for the district into which shall be deposited…
ARTICLE 2. Accounting Regulations, Budget Controls and Audits §§ 41010–41024 · 23 sections
- § 41010 The accounting system used to record the financial affairs of any school district shall be in accordance with the definitions, instructions, and procedures…
- § 41011 The accounting system used to record the financial affairs of any school district shall be designed to provide separate recording and clear distinction between…
- § 41011.1 (a) The accounting system used to record the financial affairs of any local educational agency shall be designed to provide a separate accounting of…
- § 41012 For purposes of determining allowances pursuant to Chapter 8 (commencing with Section 52200) of Part 28, and Chapter 3 (commencing with Section 56500) and…
- § 41013 For the purpose of achieving clarity and uniformity in the budgeting and reporting of school district expenditures by funds, whenever certain expenditures for…
- § 41014 Excepting only as provided in Article 1 (commencing with Section 41000) and this article, all constitutional and statutory limitations on the purposes for…
- § 41015 The governing board of any school district or any county office of education which has funds in a special reserve fund of the district or county office of…
- § 41016 The governing board of a school district which has made an investment pursuant to the authority of Section 41015 may deposit such security for safekeeping with…
- § 41017 The governing board of any school district or any county office of education may authorize any school district governed by it, or any school under its…
- § 41018 The governing board of any school district or any county office of education having an average daily attendance of 100,000 or more may deposit in one or more…
- § 41019 The governing board of any school district which maintains clearing accounts, cafeteria accounts, and other accounts in a bank or banks, pursuant to Section…
- § 41020 (a) It is the intent of the Legislature to encourage sound fiscal management practices among local educational agencies for the most efficient and effective…
- § 41020.1 Reports of audits previously filed with the county clerk pursuant to Section 41020 shall be disposed of by the county clerk or returned to the respective…
- § 41020.2 (a) (1) If the governing board of a school district or educational joint powers authority has entered into a contract for an independent audit of its financial…
- § 41020.3 (a) Within 45 days after the issuance of an audit report, the governing board or body of each local educational agency shall review, at a public meeting, the…
- § 41020.5 (a) (1) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if the Superintendent, a chartering authority,…
- § 41020.6 (a) Commencing with the 2027–28 fiscal year Guide for Annual Audits of K–12 Local Education Agencies and State Compliance Reporting, the Controller shall…
- § 41020.8 (a) Notwithstanding any other law, the auditor conducting an annual audit pursuant to Section 41020 shall, upon request, provide pertinent financial and…
- § 41020.9 (a) Notwithstanding Section 41020, for the 2019–20 fiscal year, a local educational agency shall provide for an audit by July 15, 2020, and if a local…
- § 41021 The governing board of every school district shall require each employee of the district, whose duty it is to handle funds of the district, and may, in its…
- § 41022 Except as provided in this section, any election held for the purpose permitting a school district to exceed the expenditure of school district funds fixed by…
- § 41023 (a) Any agency organized pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the parties of…
- § 41024 (a) (1) Commencing April 1, 2017, a local educational agency that receives any funds pursuant to the Leroy F. Greene School Facilities Act of 1998 (Chapter…
ARTICLE 3. Foundation Fund §§ 41030–41038 · 9 sections
- § 41030 Any school district which receives bequests or gifts of money which is surplus money not required for the immediate necessities of the district may invest it…
- § 41031 Any gift or bequest of money which is to be invested pursuant to this article shall be placed in a district special fund in the county treasury, to be…
- § 41032 (a) The governing board of any school district may accept on behalf of, and in the name of, the district, gifts, donations, bequests, and devises that are made…
- § 41033 The governing board of a school district which has placed funds in the Foundation Fund is hereby authorized to invest all or any part of those funds as it…
- § 41034 The governing board of a school district may deposit such securities, warrants, or instruments purchased under Section 41033 for safekeeping pursuant to…
- § 41035 The governing board of a school district that invests money of the Foundation Fund pursuant to this article shall appoint an advisory committee equal in number…
- § 41036 The advisory committee shall advise the governing board as to the investments to be made pursuant to this article.
- § 41037 The governing board shall adopt rules and regulations to effectuate the purposes of this article, not inconsistent with law.
- § 41038 Except as may be otherwise provided in this article, other provisions of this chapter shall be applicable to the money placed in the Foundation Fund pursuant…
ARTICLE 4. Miscellaneous Provisions §§ 41050–41060 · 4 sections
- § 41050 “County” or “counties” includes a city and county as specified in Section 92.
- § 41052 Whenever the assessed valuation of a school district is reduced as a result of the operation of Section 992 of the Revenue and Taxation Code, the school…
- § 41053 Where a reference is made to “adults” in this division in the context of apportionments to school districts or county superintendents of schools, the reference…
- § 41060 (a) The enactment of Article XIIIA of the California Constitution by the voters of California at the June 6, 1978, primary election severely reduced the…
CHAPTER 2. Determination of Minimum Level of Education Funding §§ 41203–41207 · 3 sections
- § 41203 Any calculation of the monies to be applied by the state for the support of school districts and community college districts, pursuant to subdivision (b) of… see note
- § 41204 (a) It is the intent of the Legislature, pursuant to “The Classroom Instructional Improvement and Accountability Act,” that school districts, as defined in… see note
- § 41207 This chapter shall remain in effect only until July 1, 1990, and as of that date is repealed, unless Senate Constitutional Amendment No. 1 is ratified by the… see note
CHAPTER 2. Determination of Minimum Level of Education Funding §§ 41200–41211 · 40 sections
- § 41200 (a) This chapter shall be known, and may be cited, as the John B. Mockler School Finance Act. (b) The Legislature finds and declares that the California…
- § 41202 The words and phrases set forth in subdivision (b) of Section 8 of Article XVI of the Constitution of the State of California shall have the following…
- § 41202.5 (a) The Legislature finds and declares both of the following: (1) The Legislature acted to implement Proposition 98 soon after its passage by defining “total…
- § 41203.1 (a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with…
- § 41203.3 On or after the effective date of the act adding this section to the Education Code, in order for an appropriation that is not made for allocation to and…
- § 41203.5 (a) In any fiscal year in which the amount of the moneys that are required to be applied by the state for the support of school districts and community college…
- § 41203.6 For purposes of subdivision (c) of Section 8 of Article XVI of the California Constitution, “the amount computed pursuant to paragraph (2) of subdivision (b)”…
- § 41203.7 (a) Notwithstanding any other law, a supplemental appropriation shall be made from the General Fund for the support of school districts, as defined in Section…
- § 41203.8 (a) Notwithstanding any other provision of law, a supplemental appropriation shall be made from the General Fund in the annual Budget Act for the support of…
- § 41204.1 (a) (1) Pursuant to paragraph (2) of subdivision (b) of Section 41204, the Director of Finance shall annually adjust “the percentage of General Fund revenues…
- § 41204.5 (a) The Legislature finds and declares this section to be in furtherance of the purposes set forth in Section 41204. (b) Notwithstanding any other provision of…
- § 41204.6 Notwithstanding any other provisions of law, for the purposes of determining the minimum state school funding obligation pursuant to subdivision (b) of Section…
- § 41204.7 (a) Notwithstanding any other law, commencing with the 2022–23 fiscal year, the Director of Finance shall annually adjust the percentage of General Fund…
- § 41205 The Legislature hereby finds and declares that the only state agencies that provide direct elementary and secondary level instructional services within the…
- § 41206 The Legislature finds and declares all of the following: (a) Proposition 98 was enacted by the voters in 1988 to provide a minimum funding level for schools.…
- § 41206.01 (a) For purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, all determinations of percentages, amounts, revenues,…
- § 41206.02 Notwithstanding Section 41206.01, the process for certifying the state’s minimum funding obligation to school districts and community college districts…
- § 41206.03 (a) Pursuant to the implementing legislation of Proposition 98, for purposes of Section 8 of Article XVI of the California Constitution, appropriations for…
- § 41206.04 (a) (1) The Legislature finds and declares all of the following: (A) The calculation of the state’s minimum funding obligation pursuant to subdivision (b) of…
- § 41206.1 Pursuant to Section 41206, the Superintendent of Public Instruction, the Chancellor of the California Community Colleges, and the Controller shall ensure that…
- § 41206.5 For purposes of paragraph (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution, “total allocations to school districts and…
- § 41207.1 (a) Notwithstanding Section 41206, the minimum state educational funding guarantee for school districts and community college districts for the 2004–05 fiscal…
- § 41207.2 (a) Notwithstanding Sections 41203.5 and 41206 and any other provision of law, the minimum funding obligation for school districts and community college…
- § 41207.25 (a) If the Superintendent and the Director of Finance jointly determine that, for the 2008–09 fiscal year, the state has applied moneys for the support of…
- § 41207.3 (a) Notwithstanding Section 41206, the minimum state educational funding obligation for school districts and community college districts pursuant to…
- § 41207.31 The Director of Finance shall, based on the data provided by the Superintendent and the Chancellor of the California Community Colleges, certify the minimum…
- § 41207.4 (a) The sum of two hundred ten million one hundred thousand dollars ($210,100,000) is hereby appropriated in the 2010–11 fiscal year from the General Fund to…
- § 41207.41 (a) The sum of two hundred fifty-six million dollars ($256,000,000) is hereby appropriated from the General Fund to the Controller for allocation to school…
- § 41207.42 (a) (1) The sum of two hundred eighteen million dollars ($218,000,000) is hereby appropriated in the 2016–17 fiscal year from the General Fund for allocation…
- § 41207.43 (a) (1) The sum of eighty-nine million six hundred thirty-seven thousand dollars ($89,637,000) is hereby appropriated in the 2017–18 fiscal year from the…
- § 41207.44 If the Superintendent and the Director of Finance jointly determine that, for the 2016–17 fiscal year, the state has applied moneys for the support of school…
- § 41207.45 (a) (1) The sum of one hundred million dollars ($100,000,000) is hereby appropriated in the 2018–19 fiscal year from the General Fund to the Controller for…
- § 41207.46 If the Director of Finance determines that, for the 2018–19 fiscal year, the state has applied moneys for the support of school districts and community college…
- § 41207.47 (a) (1) The sum of two hundred sixty-six million three hundred six thousand dollars ($266,306,000) is hereby appropriated in the 2019–20 fiscal year from the…
- § 41207.48 (a) The sum of four hundred six million six hundred sixty-four thousand dollars ($406,664,000) is hereby appropriated in the 2019–20 fiscal year from the…
- § 41207.5 There is hereby established in the General Fund the Proposition 98 Reversion Account. The Legislature shall, from time to time, transfer into the Proposition…
- § 41207.6 If the Superintendent and the Director of Finance jointly determine that, for the 2011–12 fiscal year, the state has applied moneys for the support of school…
- § 41208 To ensure that the changes to average daily attendance resulting from the revision of the calculation of apportionments for high school pupils concurrently…
- § 41210 (a) The revenues transferred pursuant to Sections 6051.15 and 6201.15 of the Revenue and Taxation Code are not “General Fund revenues” as that term is used in…
- § 41211 The following shall apply if Section 41210 is rendered inoperative because the ballot measure or measures described in subdivision (b) of that section are not…
CHAPTER 3. State School Fund §§ 41300–41455 · 89 sections
ARTICLE 1. Appropriations, Sources, Conditions, Amounts of Support per Average Daily Attendance §§ 41300–41311 · 11 sections
- § 41300 Commencing with July 1, 1980, the amount transferred to Section A of the State School Fund pursuant to subdivision (a) of Section 14002 shall be expended for…
- § 41300.1 Instructional Improvement and Accountability. The amount transferred to Section A of the State School Fund pursuant to Section 8.5 of Article XVI of the State…
- § 41301 The amount transferred to Section A of the State School Fund pursuant to Section 14002 and Section 14004 shall be expended in accordance with the following…
- § 41302.5 For the purposes of Section 8 and Section 8.5 of Article XVI of the California Constitution, “school districts” shall include county boards of education,…
- § 41303 The Superintendent shall report to the Controller, on or before the 20th day of October of each year, the total average daily attendance during the preceding…
- § 41304 (a) There is appropriated annually from the Driver Training Penalty Assessment Fund to the General Fund in the State Treasury and from the General Fund to the…
- § 41305 The amounts provided under Section 41304 for any fiscal year shall be limited to the amounts appropriated in the annual Budget Act for the purposes of that…
- § 41306 The Superintendent of Public Instruction shall also allow as otherwise provided in Section 41304 for the driver training instruction necessary to be safely…
- § 41307 In addition there shall be provided such amount as the Superintendent of Public Instruction shall certify as necessary to provide the allowances to school…
- § 41308 Each pregnant pupil enrolled in any program for physically handicapped pupils maintained by a county superintendent of schools, whose only condition for being…
- § 41311 It is the intent of the Legislature that the Child Nutrition Program shall provide permanent financial assistance to eligible school districts, county…
ARTICLE 2. Emergency Apportionments §§ 41320–41322 · 5 sections
- § 41320 As a condition to any emergency apportionment to be made pursuant to Section 41320.2, the following requirements shall be met: (a) The school district…
- § 41320.1 Acceptance by the school district of the apportionments made pursuant to Section 41320 constitutes the agreement by the school district to all of the following…
- § 41320.2 (a) The governing board of a school district that determines during a fiscal year that its revenues are less than the amount necessary to meet its current year…
- § 41321 (a) On or before October 31 of the year following receipt of an emergency apportionment, and each year thereafter, until the emergency apportionment, including…
- § 41322 (a) If a trustee has been appointed over a school district pursuant to Section 41320.1, the trustee may stay or rescind the actions of the personnel commission…
ARTICLE 2.5. Conditions on Emergency Apportionments §§ 41325–41329 · 8 sections
- § 41325 (a) The Legislature finds and declares that when a school district becomes insolvent and requires an emergency apportionment from the state in the amount…
- § 41326 (a) Notwithstanding any other provision of this code, the acceptance by a school district of an apportionment made pursuant to Section 41320 that exceeds an…
- § 41326.1 Within 30 days of assuming authority, an administrator who has control over a school district pursuant to Section 41326 shall discuss options for resolving the…
- § 41327 (a) In accordance with timelines, instructions, and a format established by the county superintendent of schools, with concurrence from the Superintendent, the…
- § 41327.1 (a) The state board shall adopt and may periodically update by regulation a comprehensive list of professional and legal standards that all school districts…
- § 41327.2 (a) The appointment of an administrator pursuant to Section 41326 does not remove any statutory rights, duties, or obligations from the county superintendent…
- § 41328 The qualifying district shall bear 100 percent of all costs associated with implementing this article, including the activities of the County Office Fiscal…
- § 41329 (a) A school district under financial distress, as defined in subdivision (b), shall do all of the following before approving the closure or consolidation of a…
ARTICLE 2.7. Emergency Apportionment Financing §§ 41329.50–41329.60 · 12 sections
- § 41329.50 The following definitions apply to this article, and, except as provided in subdivision (d), apply to Article 2 (commencing with Section 41320) and Article 2.5…
- § 41329.51 Notwithstanding any other law, an emergency apportionment is a financing provided to a community college district as authorized by the Legislature or to a…
- § 41329.52 (a) A school district may receive a two-part financing designed to provide an advance of apportionments owed to the district from the State School Fund and the…
- § 41329.53 (a) As an alternative to the lease financing pursuant to Section 41329.52, a school district may receive an emergency apportionment from the General Fund…
- § 41329.54 In furtherance of the lease financing authorized pursuant to Section 41329.52, and notwithstanding any other law, the school district may lease any property of…
- § 41329.55 (a) Simultaneous with the execution of the lease financing authorized pursuant to Section 41329.52, the bank shall provide to the Controller and the school…
- § 41329.56 (a) Chapter 57 of the Statutes of 1993 consolidated several previous emergency apportionments and a loan to the West Contra Costa Unified School District and…
- § 41329.57 (a) (1) Pursuant to a schedule provided to the Controller by the bank, the Controller shall transfer from Section A of the State School Fund and the Education…
- § 41329.575 (a) (1) Pursuant to a schedule provided to the Controller by the bank, commencing with the 2013–14 fiscal year, the Controller shall transfer from Section A of…
- § 41329.58 The sum of thirty million dollars ($30,000,000) is hereby appropriated, without regard to fiscal year, from the General Fund to the Board of Governors of the…
- § 41329.59 (a) On or before October 30, 2006, the Fiscal Crisis and Management Assistance Team (FCMAT) shall conduct an extraordinary audit of the Compton Community…
- § 41329.60 Notwithstanding any other law, beginning July 1, 2016, the interest rate on any outstanding General Fund emergency apportionments made to the Compton Community…
ARTICLE 3. Disbursements by Superintendent of Public Instruction §§ 41330–41344.6 · 19 sections
- § 41330 Commencing with the 2003–04 fiscal year, for the purposes of allocating the advance apportionment for the current fiscal year, the Superintendent of Public…
- § 41332 The Superintendent of Public Instruction shall, on or before February 20th of each year, apportion to each elementary school district, high school district,…
- § 41333 For purposes of determining the eligibility of a school for the “necessary small school” foundation program, if by November 10th of any current fiscal year, an…
- § 41335 (a) The Superintendent of Public Instruction shall on or before July 2 of each year apportion to each elementary school district, high school district, county…
- § 41336 The Superintendent of Public Instruction shall on or before June 25th of each year apportion to each school district or fund the total of the amounts allowed…
- § 41337 The Superintendent of Public Instruction shall apportion at such times as needed the amounts allowed pursuant to Section 14055.
- § 41339 The Superintendent shall certify each apportionment made by him or her under Sections 41332 to 41340, inclusive, whichever are in effect, to the Controller.
- § 41339.1 Notwithstanding subdivision (b) of Section 41339, 10 working days prior to the dates prescribed in Section 41330 and Section 41335, as Section 41335 reads on…
- § 41339.2 Commencing with the first fiscal year after subdivision (g) of Section 42238.03 applies, the Superintendent, within three business days of the first principal,…
- § 41340 The Superintendent of Public Instruction shall furnish an abstract of each apportionment of the State School Fund to the State Controller, the Department of…
- § 41341 (a) (1) If, during any fiscal year, the amount apportioned to a school district, educational joint powers authority, county office of education, charter…
- § 41342 When any judgment has been rendered which requires the apportionment from the State School Fund to any school district, to any other agency, or to any fund for…
- § 41343 Wherever the attendance of pupils is not included in the computation of the average daily attendance of a school district for any fiscal year because the…
- § 41344 (a) If, as the result of an audit or review, a local educational agency is required to repay an apportionment significant audit exception or to pay a penalty…
- § 41344.1 (a) The Education Audit Appeals Panel is hereby established as a separate state agency. Its membership shall consist of the Superintendent, the Director of…
- § 41344.2 Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may consider and act upon requests to…
- § 41344.3 Notwithstanding subdivision (c) of Section 41344 or any other provision of law, the State Board of Education may, upon a finding that violations were minor or…
- § 41344.4 Notwithstanding any other law, a local educational agency shall not be required to repay an apportionment based on a significant audit exception related to the…
- § 41344.6 (a) Notwithstanding Sections 17456, 17457, 17462, and 17463, or any other law, from June 1, 2004, to June 30, 2015, inclusive, the Vallejo City Unified School…
ARTICLE 3.5. Child Nutrition Allowances §§ 41352–41353 · 2 sections
- § 41352 (a) With the exception of those who receive reimbursement for meals only from the state, the State Department of Education shall make allowances to school food…
- § 41353 From funds appropriated for child nutrition the Superintendent of Public Instruction shall make the following expenditures: (a) Not to exceed 20 percent, for…
ARTICLE 4. Loans and Advances §§ 41360–41367 · 6 sections
- § 41360 (a) Loans may be made from moneys in the Public School District Organization Revolving Fund to newly organized elementary, high school, or unified school…
- § 41365 (a) The Charter School Revolving Loan Fund is hereby created in the State Treasury. The Charter School Revolving Loan Fund shall be composed of federal funds…
- § 41366.5 (a) Moneys in the Charter School Revolving Loan Fund shall be loaned at (1) the rate paid on moneys in the Pooled Money Investment Account as of the date of…
- § 41366.6 (a) The California School Finance Authority shall monitor the adequacy of the amount of funds in the Charter School Revolving Loan Fund and report annually to…
- § 41366.7 The Director of Finance shall monitor the adequacy of the amount of funds in the Charter School Security Fund and report annually to the Legislature on the…
- § 41367 (a) The Charter School Security Fund is hereby created in the State Treasury. (b) Moneys in the fund shall be available for deposit into the Charter School…
ARTICLE 5. Conditions for Use of Apportionments §§ 41370–41382 · 10 sections
- § 41370 (a) The governing board of a school district, the governing body of a charter school, and a county board of education shall, except as may otherwise be…
- § 41371 If at the end of any fiscal year during which the schools of a school district have been maintained for the period required or permitted by law, there is…
- § 41372 For purposes of this section: (a) “Salaries of classroom teachers” and “teacher” shall have the same meanings as prescribed by Section 41011 provided, however,…
- § 41374 Notwithstanding any other provision of law to the contrary, Section 41372 shall not apply to any elementary school district, high school district, or unified…
- § 41375 It is the intent and purpose of the Legislature to encourage, by every means possible, the reduction of class sizes and the ratio of pupils to teachers in all…
- § 41376 (a) The Superintendent, in computing apportionments and allowances from the State School Fund for the second principal apportionment, shall determine the…
- § 41376.1 (a) Commencing with the 2013–14 fiscal year, until the Superintendent determines that a school district is funded pursuant to Section 42238.02, and…
- § 41378 The Superintendent of Public Instruction, in computing apportionments and allowances from the State School Fund for the second principal apportionment, shall…
- § 41381 The State Board of Education may waive the minimum schoolday requirements of Section 46112 to enable school districts to establish experimental educational…
- § 41382 The principal of any elementary school maintaining kindergarten classes or regular day classes in grades 1 to 3, inclusive, may recommend to the governing…
ARTICLE 6. Teaching and Nonteaching Certificated Employee Ratios §§ 41400–41409.3 · 10 sections
- § 41400 It is the intent and purpose of the Legislature to improve public education in California by maximizing the allocation of existing resources, to discourage the…
- § 41401 For the purposes of this article, the following definitions apply: (a) “Administrative employee” means an employee of a school district, employed in a position…
- § 41402 The maximum ratios of administrative employees to each 100 teachers in the various types of school districts shall be as follows: (a) In elementary school…
- § 41403 (a) The Superintendent shall determine, for each current fiscal year, for each school district in the state, to two decimal points, the following: (1) The…
- § 41404 (a) The Superintendent shall determine the reduction in state support resulting from excess administrative employees identified in paragraph (4) of subdivision…
- § 41404.5 (a) A school district with an average daily attendance of more than 400,000 as of the 2016–17 second principal apportionment shall be exempt from any reduction…
- § 41406 Amounts allowable from the State School Fund but not transferred thereto because of the operation of Section 41404 and the provisions of subdivision (b) of…
- § 41407 Notwithstanding any other provision of law, a school district is subject, with regard to Section 41402, to audits conducted pursuant to Section 41020.
- § 41409 (a) Commencing with the 1988–89 fiscal year, and annually thereafter, the Superintendent of Public Instruction shall determine the statewide average percentage…
- § 41409.3 Each school district, except for school districts maintaining a single school to serve kindergarten or any of grades 1 to 12, inclusive, shall include in the…
ARTICLE 7. Conditions Disqualifying School Districts from Apportionments §§ 41420–41455 · 6 sections
- § 41420 (a) No school district, other than one newly formed, shall, except as otherwise provided in this article, receive any apportionment based upon average daily…
- § 41421 A school district is a newly formed district up to the close of the fiscal year in which its formation became effective for all purposes.
- § 41422 (a) A school district, county office of education, or charter school that is prevented from maintaining its schools during a fiscal year for at least 180 days…
- § 41423 No money shall be apportioned to a district for the excess cost of educating pupils in a 24-hour elementary school of the district unless such school has met…
- § 41450 The Legislature finds that each year one or more school districts or county offices of education experience severe financial difficulty. In some cases these…
- § 41455 After receiving the advice of the Controller, the Superintendent of Public Instruction is authorized pursuant to Section 41450 to contract with consultants…
CHAPTER 3.1. Emergency Apportionment Repayment for West Contra Costa Unified School District §§ 41470–41474 · 5 sections
ARTICLE 1. Repayment of Loan Obligations §§ 41470–41474 · 5 sections
- § 41470 Notwithstanding any other provision of law, the West Contra Costa Unified School District is authorized to lease, rent, sell, or otherwise utilize, excess…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 3.2. Categorical Education Block Grant Funding §§ 41480–41590 · 11 sections
ARTICLE 1. Educator Effectiveness Block Grant § 41480 · 1 section
- § 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…
ARTICLE 2. Multitiered Systems of Support § 41490 · 1 section
- § 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…
ARTICLE 6. Targeted Instructional Improvement Block Grant §§ 41540–41544 · 5 sections
- § 41540 (a) There is hereby established the targeted instructional improvement block grant. Commencing with the 2005–06 fiscal year, the Superintendent shall apportion…
- § 41541 The targeted instructional improvement block grant shall include funding apportioned to school districts prior to January 1, 2005, for purposes of the…
- § 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…
- § 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…
- § 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…
ARTICLE 7. Low-Performing Students Block Grant § 41570 · 1 section
- § 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…
ARTICLE 8. College Readiness Block Grant § 41580 · 1 section
- § 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…
ARTICLE 8.5. Dual Enrollment Opportunities § 41585 · 1 section
- § 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…
ARTICLE 9. A–G Completion Improvement Grant Program § 41590 · 1 section
- § 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…
CHAPTER 4. State School Fund—Computation of Allowance §§ 41600–41608 · 14 sections
ARTICLE 1. General Provisions §§ 41600–41608 · 14 sections
- § 41600 For the purposes of computing allowances and apportionments from the State School Fund for the advance apportionment, first principal apportionment, and second…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 41604 “Miscellaneous funds” as used in Section 41603 means the amount the county superintendent of schools has determined and reported to the Superintendent of…
- § 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…
- § 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…
- § 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…
- § 41607 For the purposes of computation of allowances and apportionments from the State School Fund, under effective sections of this code, each elementary school…
- § 41608 For purposes of computation of allowances and apportionments from the State School Fund, whenever computations of apportionments based on average daily…
CHAPTER 5. Foundation Program §§ 41760.2–41972 · 51 sections
ARTICLE 4. Computation of District Aid and Areawide Aid § 41760.2 · 1 section
- § 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…
ARTICLE 5. Basic State Aid for Elementary School Districts § 41790 · 1 section
- § 41790 The Superintendent of Public Instruction shall allow one hundred twenty dollars ($120) to each elementary school district for each unit of average daily…
ARTICLE 6. Basic State Aid for High School Districts § 41800 · 1 section
- § 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…
ARTICLE 8. Adjustment of Allowances § 41830 · 1 section
- § 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…
ARTICLE 8.5. Continuous School Program § 41835 · 1 section
- § 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…
ARTICLE 9. Computation of Allowances for Schools and Classes for Prisoners §§ 41840–41841.8 · 4 sections
- § 41840 A school district or county superintendent of schools may only claim average daily attendance for apportionment purposes for schools or classes maintained for…
- § 41841.5 (a) The Superintendent of Public Instruction shall allocate to each school district maintaining a secondary school or county superintendent of schools that…
- § 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…
- § 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…
ARTICLE 10. Allowances for Transportation §§ 41850–41851.1 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 11. Allowances for Handicapped Pupils §§ 41880–41886.5 · 3 sections
- § 41880 The provisions of this article shall supersede any other provisions of this code in conflict therewith. Allowances under this article shall be provided…
- § 41881 The Superintendent of Public Instruction shall allow to each district participating in a regional occupational center or to each county superintendent of…
- § 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…
ARTICLE 12. Allowances for Excess Cost of Driver Training §§ 41900–41919 · 21 sections
- § 41900 The Superintendent of Public Instruction shall allow to each school district maintaining a high school or high schools, county superintendent of schools, the…
- § 41901 The governing board of each school district maintaining a high school or high schools, each county superintendent of schools, the California Youth Authority,…
- § 41902 Allowances by the Superintendent of Public Instruction shall be made only for driver training classes maintained in accordance with the rules and regulations…
- § 41903 The Superintendent of Public Instruction shall determine the amount of total direct and direct support cost incurred by each school district, each county…
- § 41904 The Superintendent of Public Instruction may promote and direct the establishment and maintenance of courses of instruction in automobile driver education and…
- § 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…
- § 41906 In applying for state reimbursement for driver training expenses incurred in the school year 1968–69 and thereafter, school districts, county superintendents…
- § 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…
- § 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…
- § 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…
- § 41909 The Superintendent of Public Instruction shall make an additional allowance to each school district maintaining a high school or high schools, each county…
- § 41910 The Department of Education may grant waivers of automobile driver training education provisions of the Education Code for the purpose of establishing…
- § 41911 The allowances made to the several school districts and county superintendents of schools, and to the California Youth Authority and Department of Education…
- § 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…
- § 41913 Notwithstanding any other provision of law, the governing board of any school district maintaining secondary schools, may, subject to Sections 41913 to 41919,…
- § 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…
- § 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…
- § 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…
- § 41917 The governing board of any school district shall be entitled to reimbursement for driver training provided by approved private driver training schools pursuant…
- § 41918 Notwithstanding the provisions of Section 41907, a regular employee of a contracting approved private driver training school shall be a qualified instructor…
- § 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…
ARTICLE 14. Allowances for Project Connected Pupils §§ 41930–41936 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 15. Allowances to County School Tuition Funds § 41950 · 1 section
- § 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…
ARTICLE 16. Allowances for Severance Aid §§ 41960–41964 · 4 sections
- § 41960 Whenever real property within a school district is acquired for state highway purposes, the Superintendent of Public Instruction shall allow to the school…
- § 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…
- § 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…
- § 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…
ARTICLE 17. Recomputation of Allowances §§ 41970–41972 · 3 sections
- § 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…
- § 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…
- § 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…
CHAPTER 5.3. Conditions on Apportionments and Allowances §§ 41975–41976.1 · 3 sections
- § 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…
- § 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…
- § 41976.1 Notwithstanding Section 41976, any school district may offer adult education courses and classes in the adult education programs described in Section 41976…
CHAPTER 5.4. Designation of Joint Powers Entities as Single School Districts §§ 41980–41983 · 4 sections
- § 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…
- § 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…
- § 41982 The joint powers entity shall be subject to the same budget, expenditure, appropriation, accounting, auditing, and program requirements as school districts and…
- § 41983 The Superintendent of Public Instruction may adopt regulations for the implementation of this chapter, including, but not limited to, standards and…
CHAPTER 6. Financial Statements of School Districts §§ 42100–42142 · 30 sections
ARTICLE 1. Statements §§ 42100–42105 · 4 sections
- § 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,…
- § 42103 (a) The governing board of each school district shall hold a public hearing on the proposed budget in a school district facility, or some other place…
- § 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…
- § 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…
ARTICLE 2. Budget Requirements §§ 42122–42129 · 17 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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.…
- § 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…
- § 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…
- § 42129 (a) School districts, county offices of education, and charter schools shall transmit to the Superintendent, on a timely basis, local control and…
ARTICLE 3. Financial Reports and Certifications §§ 42130–42134 · 6 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 42134 The Superintendent of Public Instruction shall publish annually a multiyear projection of the revenues that will be available to school districts and county…
ARTICLE 4. Public Disclosure of Fiscal Obligations §§ 42140–42142 · 3 sections
- § 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…
- § 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…
- § 42142 Within 45 days of adopting a collective bargaining agreement, the superintendent of the school district shall forward to the county superintendent of schools…
CHAPTER 6.5. School Districts in Financial Distress §§ 42160–42163 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 7. Local Taxation by School Districts §§ 42238–42289.6 · 49 sections
ARTICLE 2. Apportionments and Revenue Control §§ 42238–42252 · 35 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 42238.022 (a) Notwithstanding any other law, for the 2021–22 fiscal year, the adjustments required pursuant to paragraph (4) of subdivision (a) of Section 2574,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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:…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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:…
- § 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…
- § 42238.6 (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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 42242 The Superintendent of Public Instruction shall determine at the time of each apportionment the proposed receipts and expenditures of funds under the provisions…
- § 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…
- § 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…
- § 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…
ARTICLE 4. Funding for Small School Districts §§ 42280–42289.6 · 14 sections
- § 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…
- § 42282 Commencing with the 2026–27 fiscal year, for each school district, on account of each necessary small school, as defined in Section 42283, the Superintendent…
- § 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…
- § 42284 (a) Commencing with the 2026–27 fiscal year, for each school district with fewer than 2,501 units of average daily attendance, on account of each necessary…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 8. Supplemental School Revenues §§ 42400–42403 · 4 sections
- § 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…
- § 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…
- § 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…
- § 42403 For purposes of this chapter, a “school district” includes a community college district.
CHAPTER 9. School District Funds—Expenditures and Appropriations §§ 42600–42694 · 51 sections
ARTICLE 1. Control of Expenditures §§ 42600–42603 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 2. Appropriation of Income Budget Excess § 42610 · 1 section
- § 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…
ARTICLE 3. Temporary Transfer—County to Districts, to Finance Excess Expenditure §§ 42620–42623 · 5 sections
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
ARTICLE 4. General Provisions—Orders, Requisitions and Warrants §§ 42630–42652 · 25 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 42643 The superintendent of schools of each county shall keep, open to the inspection of the public, a register of warrants, showing the fund upon which the…
- § 42644 Orders for the payment of wages and payroll orders for the payment of wages of employees employed full time in positions not requiring certification…
- § 42645 In any unified school district with 100,000 or more average daily attendance as an alternative to the payment procedures prescribed by Section 42644, orders…
- § 42646 In any county, the county superintendent of schools, with the approval of the Superintendent of Public Instruction, the county board of education, and the…
- § 42646.3 A payroll clearance fund, for the purpose of consolidating and balancing payroll deductions and other payroll accounting purposes for one or more school…
- § 42647 With the approval of the Superintendent of Public Instruction, the governing board of a unified school district, or district with over 10,000 average daily…
- § 42648 The provisions of Article 3 (commencing with Section 29850) of Chapter 5 of Division 3 of Title 3 of the Government Code shall be applicable to any unified…
- § 42649.5 In a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single…
- § 42650 With the approval of the county superintendent of schools, the governing board of a school district may cause warrants to be drawn on the county treasury…
- § 42651 (a) The governing board of a school district may authorize a bank, savings and loan association, or credit union in which school district deferred compensation…
- § 42652 (a) The approval of a school district to draw all warrants on the county treasury pursuant to Section 42647 may be revoked or suspended by the Superintendent…
ARTICLE 5. Void Warrants §§ 42661–42662 · 2 sections
ARTICLE 6. Orders and Warrants When Moneys Are Not Available §§ 42670–42678 · 9 sections
- § 42670 When any order against the funds of a school district is presented to the county superintendent of schools, and the order constitutes a valid claim against the…
- § 42671 The county superintendent of schools shall number and date the registered order and shall transmit the registered order to the governing board of the school…
- § 42672 Whenever moneys are available for the payment of the registered order the county superintendent of schools shall give notice, in a newspaper published in the…
- § 42673 At the time of giving the notice the county superintendent of schools shall set aside in the funds of each district for a period of 60 days the amount…
- § 42674 The county superintendent of schools shall approve the registered orders of each district, and sign them as requisitions on the county auditor, in the order of…
- § 42675 As an alternative to the method provided in Section 42674, when any corporation, firm, or person presents two or more registered orders for payment at the same…
- § 42676 The special interest requisition shall bear upon its face substantially the following notation: “In full payment of interest due on warrants numbered __ to __,…
- § 42677 The special interest requisition shall be numbered by the county superintendent of schools and county auditor, being given the number immediately succeeding…
- § 42678 The county superintendent of schools shall report to the county treasurer and the county auditor within 10 days after the end of each month the amount of the…
ARTICLE 7. Optional Method—Registering Warrants §§ 42690–42694 · 5 sections
- § 42690 In lieu of the method provided in Article 6 (commencing with Section 42670) of this chapter for the registration of school district orders, the provisions of…
- § 42691 When any order on school district funds is received by the county superintendent of schools and there is insufficient money in the fund or funds against which…
- § 42692 When the warrant is presented to the county treasurer for payment, he shall endorse, register, advertise, and pay it, with interest at the rate of 5 percent…
- § 42693 If the warrants are not again presented for payment within 60 days from the time the notice provided for in Section 29823 of the Government Code is given, the…
- § 42694 Within 10 days after the end of each month, the county auditor shall report to the superintendent of schools the amount of interest added to registered…
CHAPTER 10. Revolving Funds, School Districts §§ 42800–42850 · 20 sections
ARTICLE 1. Revolving Cash Fund §§ 42800–42806 · 8 sections
- § 42800 (a) The governing board of a school district may, with the consent of the county superintendent of schools, establish a revolving cash fund for the use of the…
- § 42801 (a) Except as otherwise provided in subdivision (b) of this section, the officer for whose use the revolving cash fund is created shall file with the governing…
- § 42801.5 Notwithstanding the requirement to provide for indemnity bonds pursuant to Sections 42650 and 42801, the governing board of a school district may, in lieu…
- § 42802 No bond shall be required when the revolving cash fund does not at any time exceed twenty-five dollars ($25).
- § 42803 The governing board of the district shall draw an order, on the form and in the manner required by law for order, requisition, and warrant for the payment of…
- § 42804 The person entrusted with the revolving fund shall not be authorized to expend any portion of the fund except for services or material, the securing or…
- § 42805 The governing board of the district may at any time reduce or discontinue any revolving cash fund established by its order. Whenever the fund is ordered…
- § 42806 The county superintendent of schools may, with the consent of the county board of education, establish a revolving cash fund for the use of the chief…
ARTICLE 2. Alternative Revolving Cash Fund § 42810 · 1 section
- § 42810 In addition to establishing or maintaining a revolving cash fund under Article 1 (commencing with Section 42800), the governing board of any school district or…
ARTICLE 3. Prepayment Funds §§ 42820–42821 · 2 sections
- § 42820 The governing board of any school district may establish a revolving cash fund in any bank or other institution whose deposits are federally insured, for the…
- § 42821 The governing board of any school district that has established a revolving cash fund pursuant to Section 42820 shall designate a person or persons who shall…
ARTICLE 4. Revolving Warehouse Stock Funds §§ 42830–42833 · 4 sections
- § 42830 The governing board of any elementary school district or high school district, may, if the school district maintains a stock of merchandise for school use,…
- § 42831 Amounts expended from the revolving fund are restored thereto through payments into the revolving fund by warrants drawn on the various funds of the districts,…
- § 42832 The revolving fund, when established, shall be used for the purchase of stores to be placed in stock and may be used for the payment of costs of receiving,…
- § 42833 The revolving fund shall be kept by the county treasurer as a separate fund and shall be subject to such uses only as are provided by law.
ARTICLE 5. Special Reserve Fund §§ 42840–42843 · 4 sections
- § 42840 The governing board of a school district may provide for the accumulation over a period of school years of funds for capital outlay purposes and salaries of…
- § 42841 Upon the filing of identical copies of a resolution of the governing board with the superintendent of schools, auditor, and treasurer of the county specifying…
- § 42842 (a) The governing board may expend the money in the special reserve fund for capital outlay for the purpose or purposes specified in any resolution filed…
- § 42843 Any moneys remaining in the special reserve fund of the district shall be transferred to the general fund of the district by the auditor and treasurer upon…
ARTICLE 6. Retiree Benefit Funds § 42850 · 1 section
- § 42850 The governing board of any school district may establish a fund for pension and other employee benefits to accumulate restricted moneys from salary reduction…
CHAPTER 11.3. Educational Services §§ 42920–42926 · 7 sections
- § 42920 The Legislature finds and declares all of the following: (a) The Foster Youth Services (FYS) program has been a successful program that supports the…
- § 42920.5 (a) Commencing with the 2015–16 fiscal year, and each fiscal year thereafter, the Foster Youth Services Coordinating Program, administered by the…
- § 42921 (a) A county office of education, or a consortium of county offices of education, may apply to the Superintendent for grant funding, to the extent funds are…
- § 42923 (a) As a condition of receiving funds, each county office of education and consortium of county offices of education providing a foster youth services…
- § 42924 (a) The Foster Youth Services Coordinating Program shall not be operative unless funding is provided for this purpose in the annual Budget Act or another…
- § 42925 (a) As a condition of receiving funds, each county office of education and consortium of county offices of education with a foster youth services coordinating…
- § 42926 (a) The Superintendent shall administer the Foster Youth Services Coordinating Program and shall be responsible for all of the following: (1) Monitoring…
CHAPTER 11.5. Financial Support for Educating Foreign Children §§ 42950–42950.4 · 4 sections
- § 42950 Any school district that provided education in kindergarten or grades 1 to 12, inclusive, pursuant to Chapter 12 (commencing with Section 42950) of Part 24,…
- § 42950.2 Notwithstanding Section 42238 or any other provision of law, the revenue limit increases authorized by this chapter shall not be used in the computation of any…
- § 42950.3 The provisions of this chapter shall apply only to a school district which, during the 1977–78 school year: (a) Had an enrollment not less than 10 percent of…
- § 42950.4 It is the intent of the Legislature that school districts shall not identify pupils according to their immigration status in carrying out the provisions of…
CHAPTER 15. Voter-Approved Special Taxes for New School Facilities §§ 43040–43052 · 13 sections
- § 43040 The provisions of this chapter shall apply only to the Chino Unified School District.
- § 43041 (a) The provisions of this chapter shall govern the collection of special taxes which satisfy all the following requirements: (1) The special tax has been…
- § 43042 The governing body of a city or county which includes a school district in which special taxes for new school facilities have been approved shall not issue…
- § 43043 If a final building permit is issued and the special tax for new school facilities construction has not been paid, the governing board of the district may,…
- § 43044 (a) The notice that the special tax for new school facilities is due and owing shall be published in accordance with Section 6063 of the Government Code, and…
- § 43045 (a) At least 10 days prior to the date of hearing, the governing board of the school district shall send written notice of the hearing, by mail, to the owner…
- § 43046 (a) At the time, date, and place stated in the notice prescribed by Section 43045, the governing board of the school district shall hear and consider all…
- § 43047 (a) Within 30 days after the determination prescribed by paragraph (b) of Section 43046, the governing board of the school district shall record a certified…
- § 43048 (a) If a lien has been created pursuant to this chapter, the governing board of the school district may, not later than four years after the due date of the…
- § 43049 The following is exempt from the special taxes imposed by this chapter: (a) Final permits to construct buildings on property that belongs to a federal agency.…
- § 43050 When the proceeds of special taxes are used for construction of new school facilities, the State Allocation Board shall approve such construction, in…
- § 43051 As to elections held after the effective date of this section, the governing board of the school district shall, prior to ordering an election, adopt a…
- § 43052 Each governing board of a school district that receives the proceeds of special taxes pursuant to this chapter shall maintain a separate account for any such…