State Codes and Statutes

State Codes and Statutes

Statutes > California > Edc > 14040-14044

EDUCATION CODE
SECTION 14040-14044



14040.  The Controller shall keep a separate account of the State
School Fund, and of the interest and income thereof, together with
such money as is raised by special tax or otherwise for school
purposes.


14041.  (a) The Controller shall draw warrants on the State Treasury
in favor of the county treasurer of each county in each month of
each year in the amounts and manner prescribed in this section so as
to provide in each warrant a portion of the total amount certified by
the Superintendent as apportioned under the provisions of Sections
41330 to 41343, inclusive, and Chapter 4 (commencing with Section
41600) and Chapter 5 (commencing with Section 41700) and Article 2
(commencing with Section 42237) of Chapter 7 of Part 24 of Division 3
of Title 2, inclusive, during the fiscal year from the State School
Fund to the school districts under the jurisdiction of the county
superintendent of schools of the county, to the county school service
fund, and to the county school tuition fund of the county.
   (1) Warrants for amounts allowed to the county school service
funds under subdivisions (a) and (b) of Section 14054 shall be for
amounts equal to 5 percent in July, 5 percent in August, and 9
percent in each remaining month of the fiscal year of the amounts
certified by the Superintendent as a part of the advance
apportionment.
   (2) Warrants for amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county school tuition funds
shall be for amounts equal to 5 percent in July, 5 percent in August,
and 9 percent in September, October, November, December, and
January, of the amounts certified by the Superintendent as a part of
the advance apportionment.
   (3) Warrants in the months of February to May, inclusive, shall be
for amounts equal to one-fifth of the difference between the amounts
certified by the Superintendent for school districts and county
school service funds for classes maintained by county superintendents
of schools and county school tuition funds as the first principal
apportionment and the amounts required by paragraph (2).
   (4) Warrants for the month of June shall be for amounts equal to
the difference between the amounts certified by the Superintendent
for school districts and county school service funds for classes
maintained by county superintendents of schools and county school
tuition funds as the second principal apportionment and the amounts
required by paragraphs (2) and (3).
   (5) Warrants in the months of July and August shall include 5
percent of the estimated total amounts of the special purpose
apportionment, as determined by the Superintendent. Warrants in the
months of September to November, inclusive, shall include 9 percent
of the estimated total amounts of the special purpose apportionment,
as determined by the Superintendent. Warrants in December shall
include 9 percent of the amounts certified by the Superintendent as
the special purpose apportionment, as adjusted, if necessary, to
correct excesses or deficiencies in the estimates made for purposes
of the warrants in the months of September to November, inclusive. An
additional 9 percent of the amounts of the special purpose
apportionment shall be included in the warrants for the months from
January to June, inclusive.
   (6) Warrants in June shall include the total amounts certified by
the Superintendent as the final apportionment.
   (7) Notwithstanding paragraph (2) to the contrary, for school
districts that reported less than 5,000 units of average daily
attendance in the 1979-80 fiscal year and that received 39 percent or
more, but less than 75 percent, of their total revenue limits from
local property taxes in that fiscal year, warrants for amounts
apportioned to the districts shall be for amounts equal to 15 percent
in July, August, September, and October; zero percent in November
and December; and 6 percent in January of the amounts certified by
the Superintendent as a part of the advance apportionment. Warrants
for amounts apportioned to the districts for the months of February
to May, inclusive, shall be in accordance with paragraph (3), and for
the month of June, shall be in accordance with paragraph (4).
   (8) Notwithstanding paragraph (2) or (7) to the contrary, for
school districts which reported less than 5,000 units of average
daily attendance in the 1979-80 fiscal year and which received 75
percent or more of their total revenue limits from local property
taxes in that fiscal year, warrants for amounts apportioned to the
districts shall be for amounts equal to 15 percent in July; 30
percent in August and September; 15 percent in October; zero percent
in November and December; 6 percent in January; and zero percent in
February, March, April, and May, of the amounts certified by the
Superintendent as a part of the advance apportionment. Warrants for
the month of June shall be in accordance with paragraph (4).
   (b) The drawing of the warrants required to be drawn during any
one of the months mentioned may be postponed by the Controller for
not to exceed 30 days, but the total amounts due the several counties
during any fiscal year shall be paid within the fiscal year. The
warrants shall be paid by the State Treasurer from the State School
Fund and are not subject to the provisions of Government Code Section
925.6.


14041.1.  (a) Except as provided pursuant to subdivision (b),
notwithstanding paragraphs (1) and (2) of subdivision (a) and
subdivision (b) of Section 14041, for the 2008-09 fiscal year only:
   (1) Warrants for amounts allowed to the county school service
funds under subdivisions (a) and (b) of Section 14054 shall be for
amounts equal to 0.9 percent in July, 12 percent in August, 15.1
percent in September, and 8 percent in each remaining month of the
fiscal year of the amounts certified by the Superintendent as a part
of the advance apportionment.
   (2) Warrants for amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county school tuition funds
shall be for amounts equal to 0.9 percent in July, 12 percent in
August, 13.1 percent in September, and 8 percent in October,
November, December, and January, of the amounts certified by the
Superintendent as a part of the advance apportionment.
   (b) Notwithstanding subdivision (a) and subject to the approval of
the Director of Finance, the Controller shall issue warrants
pursuant to Section 14041 that include the full amount of the
apportionment payments for the month of July for a local educational
agency for which the county superintendent of schools certifies to
the Superintendent of Public Instruction and to the Director of
Finance on or before May 15, 2008, that the deferral of warrants
pursuant to subdivision (a) will result in qualifying the local
educational agency for an emergency apportionment pursuant to Article
2 (commencing with Section 41320) of Chapter 3 of Part 24 of
Division 3 of Title 2.


14041.5.  (a) Notwithstanding subdivision (a) of Section 14041,
commencing with the 2002-03 fiscal year, warrants for the principal
apportionments for the month of June instead shall be drawn in July
of the same calendar year pursuant to the certification made pursuant
to Section 41335.
   (b) Except as provided in subdivisions (c) and (d), for purposes
of making the computations required by Section 8 of Article XVI of
the California Constitution, the warrants drawn pursuant to
subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 for the fiscal year in which the warrants are drawn and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
   (c) For the 2003-04 school year, the amount of apportionments for
revenue limits computed pursuant to Section 42238 from any of the
apportionments made pursuant to Section 14041 that are deemed
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 for the following fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the 2004-05 fiscal year shall be seven
hundred twenty-six million two hundred seventy thousand dollars
($726,270,000). Any amount in excess of seven hundred twenty-six
million two hundred seventy thousand dollars ($726,270,000) that is
apportioned in July of 2004 is deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the 2003-04 fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the 2003-04 fiscal year.
   (d) For the 2004-05 school year to the 2007-08 school year,
inclusive, the amount of apportionments for revenue limits computed
pursuant to Section 42238 from any of the apportionments made
pursuant to Section 14041 that are deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the following fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the following fiscal year shall be seven hundred fifteen million
one hundred eighteen thousand dollars ($715,118,000). Any amount in
excess of seven hundred fifteen million one hundred eighteen thousand
dollars ($715,118,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.
   (e) For the 2008-09 school year, and each school year thereafter,
the amount of apportionments for revenue limits computed pursuant to
Section 42238 from any of the apportionments made pursuant to Section
14041 that are deemed "General Fund revenues appropriated for school
districts," as defined in subdivision (c) of Section 41202 for the
following fiscal year and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B" as defined
in subdivision (e) of Section 41202, for the following fiscal year
shall be one billion six hundred one million six hundred fifty-five
thousand dollars ($1,601,655,000). Any amount in excess of one
billion six hundred one million six hundred fifty-five thousand
dollars ($1,601,655,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.



14041.6.  (a) Notwithstanding subdivision (a) of Section 14041, or
any other law, commencing with the 2008-09 fiscal year, warrants for
the principal apportionments for the month of February in the amount
of two billion dollars ($2,000,000,000) instead shall be drawn in
July of the same calendar year pursuant to the certification made
pursuant to Section 41339.
   (b) Notwithstanding subdivision (a) of Section 14041 or any other
law, commencing with the 2009-10 fiscal year, warrants for the
principal apportionments for the month of April in the amount of six
hundred seventy-eight million six hundred eleven thousand dollars
($678,611,000) and for the month of May in the amount of one billion
dollars ($1,000,000,000) instead shall be drawn in August of the same
calendar year pursuant to the certification made pursuant to Section
41339.
   (c) Notwithstanding subdivision (a) of Section 14041 or any other
law, commencing with the 2010-11 fiscal year, warrants for the
principal apportionments for the month of April in the amount of four
hundred twenty million dollars ($420,000,000) and for the month of
May in the amount of eight hundred million dollars ($800,000,000)
instead shall be drawn in July of the same calendar year pursuant to
the certification made pursuant to Section 41339.
   (d) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivisions (a), (b), and (c) shall be deemed to be
"General Fund revenues appropriated to school districts," as defined
in subdivision (c) of Section 41202, for the fiscal year in which the
warrants are drawn and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202, for the fiscal year in
which the warrants are drawn.


14041.7.  (a) Commencing with the 2010-11 fiscal year, up to one
hundred million dollars ($100,000,000) of the amount of the warrants
for the principal apportionments for the month of June, that are
instead to be drawn in July pursuant to Section 14041.5, may be drawn
in June, subject to the approval of the Director of Finance, for a
charter school or school district as follows:
   (1) In order for a charter school to receive a payment in June
pursuant to this section, the chartering authority, in consultation
with the county superintendent of schools, shall certify to the
Superintendent and the Director of Finance on or before April 1 that
the deferral of warrants pursuant to Sections 14041.5 and 14041.6
will result in the charter school being unable to meet its financial
obligations for June and shall provide the Superintendent an estimate
of the amount of additional funds necessary for the charter school
to meet its financial obligations for the month of June.
   (2) In order for a school district to receive a payment in June
pursuant to this section, the county superintendent of schools shall
certify to the Superintendent and to the Director of Finance on or
before April 1 that the deferral of warrants pursuant to Sections
14041.5 and 14041.6 will result in the school district being unable
to meet its financial obligations for June and shall provide the
Superintendent an estimate of the amount of additional funds
necessary for the school district to meet its financial obligations
for the month of June.
   (3) The criteria, as applicable, set forth in statute and
regulations to qualify a school district for an emergency
apportionment shall be used to make the certification specified in
paragraph (2).
   (4) A charter school or school district may receive, pursuant to
this section, no more than the lesser of the following:
   (A) The total amount of additional funds necessary for the charter
school or school district to meet its financial obligations for the
month of June, as reported to the Superintendent pursuant to
paragraph (1) or (2).
   (B) The total payments the charter school or school district is
entitled to receive in July for the prior fiscal year.
   (b)  If the total amount requested by charter schools and school
districts pursuant to paragraph (4) of subdivision (a) exceeds one
hundred million dollars ($100,000,000), the Controller, Treasurer,
and Director of Finance may authorize additional payments to meet
these requests, but total payments to charter schools and school
districts pursuant to this section shall not exceed three hundred
million dollars ($300,000,000). No later than May 1, the Controller,
Treasurer, and Director of Finance shall determine whether sufficient
cash is available to make payments in excess of one hundred million
dollars ($100,000,000). In making the determination that cash is
sufficient to make additional payments, in whole or in part, the
Controller, Treasurer, and Director of Finance shall consider costs
for state government, the scope of any identified cash shortage,
timing, achievability, legislative direction, and the impact and
hardship imposed on potentially affected programs, entities, and
related public services. The Department of Finance shall notify the
Joint Legislative Budget Committee within 10 days of this
determination and identify the total amount of requests that will be
paid.
   (c) If the total amount of cash made available pursuant to
subdivision (b) is less than the amount requested pursuant to
paragraph (3) of subdivision (a), payments to charter schools and
school districts shall be prioritized according to the date on which
notification was provided to the Superintendent and the Department of
Finance.
   (d) Payments pursuant to this section shall be made no later than
June 20.
   (e) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in subdivision
(c) of Section 41202, for the fiscal year in which the warrants are
drawn and included within the "total allocations to school districts
and community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.



14042.  (a) If the Superintendent of Public Instruction or the
chancellor does not certify to the Controller, on or before the 20th
day of February, the amounts apportioned by him as the first
principal apportionment, the Controller shall draw warrants on the
State Treasury in favor of the county treasurer of each county in the
month of February, and in each month thereafter until the month
following his receipt of such certification, for amounts equal to the
warrants drawn for January.
   (b) In the month following the receipt of the certification of the
amounts apportioned by the Superintendent of Public Instruction or
the Chancellor of the California Community Colleges as the first
principal apportionment, the Controller shall draw warrants on the
State Treasury in favor of the county treasurer of each county in an
amount equal to the difference between the amount of the warrants
which would have been drawn pursuant to Section 14041 had the
certification been received by the Controller not later than February
20th and the amount of the warrants drawn pursuant to subdivision
(a) of this section.
   (c) Warrants drawn under this section shall be drawn on the State
School Fund and are not subject to the provisions of Government Code
Section 925.6.


14043.  All moneys received by the treasurer of any county from the
apportionments of the State School Fund shall be immediately credited
by the treasurer to the county school service fund, the county
school tuition fund, and the general funds of the several school
districts of the county exactly as apportioned by the Superintendent
of Public Instruction or the Chancellor of the California Community
Colleges.



14044.  (a) Upon determining that any semiannual report to the State
Department of Education, as required under Section 628.2 of the
Penal Code, has not been submitted, or that a submitted report
contains intentionally misleading data, the Superintendent of Public
Instruction may withhold an amount from the next state funding
apportionment to which the school district or, as appropriate, the
county office of education, would otherwise be entitled. The amount
so withheld shall not exceed one-half of the annual salary of the
superintendent of that district or of that county superintendent of
schools, respectively.
   (b) Any funds withheld pursuant to subdivision (a) shall be held
in trust by the Superintendent of Public Instruction until he or she
determines that the data required under Section 628.2 of the Penal
Code has been submitted, in complete and accurate form, by the
appropriate school district or county office of education whereupon
those funds shall be released to the appropriate county treasury to
the credit of that district or county office of education.