CHAPTER 3. State School Fund [41300. - 41455.]

Heading of Chapter 3 amended by Stats. 1979, Ch. 373.

§§ 41300–41455 · 89 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…
9. 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…
10. 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…